giving of Miranda warning in Washington

23 Washington opinions name it 2 courts 1984–2014 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Taylor v. Alabamagreen scotus · 1982 · cited in 8 Washington opinions naming this issue, 1986–1997 2 sentences 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: "(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings." State v. Soto-Garcia, 68 Wash.App. 20, 27 , 841 P.2d 1271 (1992) (citing Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2667 , 73 L.Ed.2d 314 (1982); accord State v. Gonzales, 46 Wash.App. 388, 398 , 731 P.2d 1101 (1986)). 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: "(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings." State v. Soto-Garcia, 68 Wash.App. 20, 27 , 841 P.2d 1271 (1992) (citing Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2667 , 73 L.Ed.2d 314 (1982); accord State v. Gonzales, 46 Wash.App. 388, 398 , 731 P.2d 1101 (1986)).	1	8
State v. Gonzalesgreen washctapp · 1986 · cited in 5 Washington opinions naming this issue, 1992–2005 2 sentences 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: "(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings." State v. Soto-Garcia, 68 Wash.App. 20, 27 , 841 P.2d 1271 (1992) (citing Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2667 , 73 L.Ed.2d 314 (1982); accord State v. Gonzales, 46 Wash.App. 388, 398 , 731 P.2d 1101 (1986)). 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: "(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings." State v. Soto-Garcia, 68 Wash.App. 20, 27 , 841 P.2d 1271 (1992) (citing Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2667 , 73 L.Ed.2d 314 (1982); accord State v. Gonzales, 46 Wash.App. 388, 398 , 731 P.2d 1101 (1986)).	1	5
Brown v. Illinoisgreen scotus · 1975 · cited in 4 Washington opinions naming this issue, 1986–2011 2 sentences 2011The Supreme Court held that the giving of Miranda warnings does not automatically "purge the taint of an illegal arrest." Id. at 605 , 95 S.Ct. 2254 . 2011The Supreme Court held that the giving of Miranda warnings does not automatically "purge the taint of an illegal arrest." Id. at 605 , 95 S.Ct. 2254 .	1	4
Wong Sun v. United Statesgreen scotus · 1963 · cited in 3 Washington opinions naming this issue, 2011–2013 2 sentences 2013As part of this inquiry, the court considers if discoveries made in the initial unlawful search motivated the officers conducting the subsequent search.14 This court considers (1) the temporal proximity of the illegality and the subsequent consent, (2) the presence of any significant intervening circumstances, (3) the purpose and flagrancy of the officers' misconduct, and (4) the giving of Miranda warnings.15 11 Smith. 115 Wn.2d at 789 (citing Shoemaker. 85 Wn.2d at 212 ). 12 Smith. 115Wn.2dat789. 13 See Wong Sun v. United States. 371 U.S. 471,484-85 , 83 S. Ct. 407 , 9 L. 2013As part of this inquiry, the court considers if discoveries made in the initial unlawful search motivated the officers conducting the subsequent search.14 This court considers (1) the temporal proximity of the illegality and the subsequent consent, (2) the presence of any significant intervening circumstances, (3) the purpose and flagrancy of the officers' misconduct, and (4) the giving of Miranda warnings.15 11 Smith. 115 Wn.2d at 789 (citing Shoemaker. 85 Wn.2d at 212 ). 12 Smith. 115Wn.2dat789. 13 See Wong Sun v. United States. 371 U.S. 471,484-85 , 83 S. Ct. 407 , 9 L.	1	3
Miranda v. Arizonagreen scotus · 1966 · cited in 3 Washington opinions naming this issue, 1985–2000 2 sentences 2000Soto-Garcia, 68 Wash.App. at 27 , 841 P.2d 1271 ; see Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966). 2000Soto-Garcia, 68 Wash.App. at 27 , 841 P.2d 1271 ; see Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966).	1	3
State v. Smithgreen wash · 1990 · cited in 2 Washington opinions naming this issue, 1999–2013 2 sentences 2013As part of this inquiry, the court considers if discoveries made in the initial unlawful search motivated the officers conducting the subsequent search.14 This court considers (1) the temporal proximity of the illegality and the subsequent consent, (2) the presence of any significant intervening circumstances, (3) the purpose and flagrancy of the officers' misconduct, and (4) the giving of Miranda warnings.15 11 Smith. 115 Wn.2d at 789 (citing Shoemaker. 85 Wn.2d at 212 ). 12 Smith. 115Wn.2dat789. 13 See Wong Sun v. United States. 371 U.S. 471,484-85 , 83 S. Ct. 407 , 9 L. 1999See Smith, 115 Wn.2d at 789 (neither knowledge of the right to refuse consent nor the giving of Miranda warnings is essential to a valid consent); State v. Jordan, 30 Wn.	1	2
State v. Evansgreen wash · 1981 · cited in 1 Washington opinions naming this issue, 1984–1984 2 sentences 1984See Evans, 96 Wn.2d at 3 . 1984See Evans, 96 Wn.2d at 3 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
State v. Soto-Garcia green washctapp · 1992 2 sentences 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: "(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings." State v. Soto-Garcia, 68 Wash.App. 20, 27 , 841 P.2d 1271 (1992) (citing Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2667 , 73 L.Ed.2d 314 (1982); accord State v. Gonzales, 46 Wash.App. 388, 398 , 731 P.2d 1101 (1986)). 1997Several factors are relevant in determining whether consent to a search is tainted by a prior illegal seizure: “(1) temporal proximity of the illegality and the subsequent consent, (2) the presence of significant intervening circumstances, (3) the purpose and flagrancy of the official misconduct, and (4) the giving of Miranda warnings.” State v. Soto-Garcia, 68 Wn.	4	1997–2000
Guy Zappulla v. People of the State of New York green ca2 · 2004 2 sentences 2014Zappulla, 391 F.3d at 474 . 2014Zappulla. 391 F.3d at 474 .	2	2014–2014
State v. Jensen green washctapp · 1986 2 sentences 2013Ed. 2d 441 (1963); State v. Jensen. 44 Wn. 1996Taylor v. Alabama, 457 U.S. 687, 690 , 102 S.Ct. 2664, 2666 , 73 L.Ed.2d 314 (1982); State v. Jensen, 44 Wash.App. 485, 490 , 723 P.2d 443 , review denied, 107 Wash.2d 1012 (1986).	2	1996–2013
State v. Shoemaker green wash · 1975 1 sentence 2013As part of this inquiry, the court considers if discoveries made in the initial unlawful search motivated the officers conducting the subsequent search.14 This court considers (1) the temporal proximity of the illegality and the subsequent consent, (2) the presence of any significant intervening circumstances, (3) the purpose and flagrancy of the officers' misconduct, and (4) the giving of Miranda warnings.15 11 Smith. 115 Wn.2d at 789 (citing Shoemaker. 85 Wn.2d at 212 ). 12 Smith. 115Wn.2dat789. 13 See Wong Sun v. United States. 371 U.S. 471,484-85 , 83 S. Ct. 407 , 9 L.	1	2013–2013
State v. Nelson green washctapp · 1987 1 sentence 2013State v. Nelson, 47 Wn.	1	2013–2013
State v. Jordan green washctapp · 1981 2 sentences 1999See Smith, 115 Wn.2d at 789 (neither knowledge of the right to refuse consent nor the giving of Miranda warnings is essential to a valid consent); State v. Jordan, 30 Wn. 1999App. 335, 339 , 633 P.2d 890 , review denied, 96 Wn.2d 1017 (1981).	1	1999–1999
Doyle v. Ohio green scotus · 1976 2 sentences 1984The Court followed Doyle v. Ohio, 426 U.S. 610 , 49 L.Ed.2d 91 , 96 S.Ct. 2240 (1976), in which it held that the giving of Miranda warnings renders an arrestee's silence "insolubly ambiguous" because he or she may simply be exercising his right to remain silent in response to the assurance that silence will not be penalized. 1984The Court followed Doyle v. Ohio, 426 U.S. 610 , 49 L.Ed.2d 91 , 96 S.Ct. 2240 (1976), in which it held that the giving of Miranda warnings renders an arrestee's silence "insolubly ambiguous" because he or she may simply be exercising his right to remain silent in response to the assurance that silence will not be penalized.	1	1984–1984

Statutes the citing opinions construe

WA § Wash. Rev. Code § 69.50.401 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 62 (1975–2026) TX 45 (1982–2015) WA 23 (1984–2014) CA 16 (1970–2023) MA 16 (1975–2019) FL 15 (1980–2011) PA 15 (1975–2021) OR 14 (1982–2019) AL 13 (1994–2014) NY 11 (1977–2000) MI 11 (1980–2020) TN 10 (1977–2025) IN 8 (1976–2017) MO 8 (1978–2017) GA 8 (1984–2021) ME 7 (1979–2001) AZ 7 (1978–2017) MD 6 (1976–2003) NM 6 (1983–2023) MS 6 (1980–1992) SC 5 (1996–2023) WV 5 (1979–2025) CT 5 (1986–2025) KS 5 (1983–2013) CO 4 (1976–2025) AR 4 (1995–2006) OK 4 (1986–1998) KY 4 (2014–2022) LA 4 (1981–2010) NJ 3 (1981–2000) VA 3 (1983–2001) RI 3 (1981–2006) OH 3 (1999–2005) SD 2 (1985–2006) AK 2 (1975–1975) NE 2 (2016–2016) VT 2 (1994–2021) WY 2 (1983–2005) ID 2 (2014–2020) NH 2 (1983–1987) ND 2 (1991–1998) WI 2 (1993–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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