Southworth v. State’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An officer testified that he felt that, after the marijuana was found, Appellant was not free to leave; however, he never told Appellant that he was not free to leave, nor did he hear anyone else tell Appellant that he was not free to leave. “ A policeman’s unarticulated plan has no bearing on the question whether a suspect was “in custody” at a particular time; the only relevant inquiry is how a reasonable man in the suspect’s position would have understood his situation.’” Wunder [v. State], 705 P.2d [333] at 335 [ (Wyo.1985) ] (quoting Berkemer v. McCarty, 468 U.S. 420, 442 , 104 S.Ct. 3138, 3151 , 82 L.Ed.2d 317 (1984)). “1 “It was the compulsive aspect of custodial interrogation, and not the strength or content of the government’s suspicions at the time the questioning was conducted, which led the Court to impose the Miranda requirements with regard to custodial questioning.” ’ ... United States v. Caiello, 420 F.2d 471, 473 (C.A.2 1969) [, cert. denied, 397 U.S. 1039 [ 90 S.Ct. 1358 , 25 L.Ed.2d 650 ] (1970)] [A]n objective, reasonable-man test is appropriate because, unlike a subjective test, it ‘is not solely dependent either on the self-serving declarations of the police officers or the defendant nor does it place upon the police the burden of anticipating the frailties or idiosyncra sies of every person whom they question[.’ People v. P., 21 N.Y.2d 1 , 286 N.Y.S.2d 225, 230 , 233 N.E.2d 255, 260 (N.Y.1967).]” Id. (quoting Berkemer, 468 U.S. at 442 n. 35, 104 S.Ct. a”

   1 later decision quote this exact passage
   e.g. Bhutto v. State

2. “Appellant does not make any claim of coercion, threats, promises, or deception. He had not been physically seized, he was not handcuffed, and no weapons were drawn when he made his remarks. The officers did not give any outward signs that they were restricting Appellant's ability to leave or any indication that Appellant was under arrest. In fact, Appellant was very friendly, polite, and talkative during the entire time that the officers were conducting their search. Additionally, Appellant was in his own home when he offered these statements. The other residents of the mobile home, whom Appellant had lived with on and off for about three and one-half years and whom he thought of as being family, were also present when this questioning took place. See, eg., Beckwith v. United States, 425 U.S. 341, 347 , 96 S.Ct. 1612 , 48 L.Ed.2d 1 (1976) (holding that interrogation in the suspect's home was noncustodial); see also 1 WAYNE R. LAFAVE & JEROLD H. ISRAEL, CRIMINAL - PROCEDURE - § 6.6(e) (1984) (the view that at-home questioning is noncustodial is strengthened when the suspect's friends or family members are present at the time). Furthermore, even though Appellant had been asked to stay in the living room until the mobile home was secured, he took his dog outside. Upon reentering the mobile home, he followed the officers around as they conduct ed their search rather than staying in the living room area as he was asked to do.”

   1 later decision quote this exact passage
   e.g. Gompf v. State

3. “supply the issuing officer with sufficient information to make an independent judgment that probable cause exists for the warrant. To that end, the affidavit must include more than bare conclusions of the affiant”

   1 later decision quote this exact passage
   e.g. Hixson v. State