14 Massachusetts opinions name it 3 courts 1989–2025 1 in the last five years
The cases below were cited by Massachusetts 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.
| Case | Followed | Cited |
|---|---|---|
Oregon v. Elstadgreen2 sentences2008In Commonwealth v. Smith, 412 Mass. 823, 829 (1992), the Supreme Judicial Court explained that it would not follow the rule announced in Oregon v. Elstad, 470 U.S. 298, 314 (1985), where the United States Supreme Court held that the taint resulting from a voluntary statement obtained in violation of Miranda is ordinarily removed by the subsequent administration of Miranda warnings. 2004In that case, the SJC declined to follow the Supreme Court’s holding in Oregon v. Elstad, supra, and held that a failure to give Miranda warnings to a suspect when he makes an initial incriminating statement thereby prevents the admission of a statement made later and after the administration of Miranda warnings. | 3 | 5 |
Commonwealth v. Larkingreen1 sentence2025See Commonwealth v. Larkin, 429 Mass. 426, 434 (1999). 8 to Duffy and Sables confirming that they belonged to the Kilby and MOB gangs, respectively, we are not persuaded that his opinion rested entirely on Duffy's "scoring" of the two individuals with the ten-point system. | 1 | 1 |
Commonwealth v. Toolangreen1 sentence2014See, e.g., Commonwealth v. Toolan, 460 Mass. 452, 472 (2011); Habarek, 402 Mass. at 110 . | 1 | 1 |
Illinois v. Perkinsgreen2 sentences2014See Perkins, 496 U.S. at 303 (Marshall, J., dissenting). 2014See Perkins, 496 U.S. at 303 (Marshall, J., dissenting). | 1 | 1 |
Commonwealth v. Damianogreen1 sentence2008Accord, Commonwealth v. Daimano, 422 Mass. 10, 13 (1996). | 1 | 1 |
Commonwealth v. Martingreen1 sentence2008Commonwealth v. Martin, 444 Mass. 213, 222 (2005) (“In concluding that Federal law was no longer adequate to protect rights guaranteed by art. 12, we announced our intention to continue the previously prevailing rule, adopting it as a common-law rule of evidence”). | 1 | 1 |
Commonwealth v. Smithgreen2 sentences2008In Commonwealth v. Smith, 412 Mass. 823, 829 (1992), the Supreme Judicial Court explained that it would not follow the rule announced in Oregon v. Elstad, 470 U.S. 298, 314 (1985), where the United States Supreme Court held that the taint resulting from a voluntary statement obtained in violation of Miranda is ordinarily removed by the subsequent administration of Miranda warnings. 2008Just as in Commonwealth v. Smith, 412 Mass. at 832 , the statements made by the defendant in this case after the administration of Miranda warnings were “the result of a single continuous interrogation,” and were affected by his earlier admission that he was present at the scene of the crime. | 1 | 1 |
Commonwealth v. Silanskasgreen1 sentence2002See Commonwealth v. Silanskas, 433 Mass. 678, 687-688 (2001). | 1 | 1 |
Commonwealth v. Corriveaugreen1 sentence1997Contrary to the. defendant’s argument, the judge was warranted in finding that the defendant was not in custody for the purpose of the administration of Miranda warnings, see Commonwealth v. Callahan, 401 Mass. 627, 630 (1988); Commonwealth v. Corriveau, 396 Mass. 319, 327-328 (1985); Commonwealth v. Bryant, 390 Mass. 729, 737-738 (1984), and that his responses to the police were voluntarily and intelligently made. (b) The same affidavit supported the applications for the three search warrants that were issued. | 1 | 1 |
Commonwealth v. Bryantgreen1 sentence1997Contrary to the. defendant’s argument, the judge was warranted in finding that the defendant was not in custody for the purpose of the administration of Miranda warnings, see Commonwealth v. Callahan, 401 Mass. 627, 630 (1988); Commonwealth v. Corriveau, 396 Mass. 319, 327-328 (1985); Commonwealth v. Bryant, 390 Mass. 729, 737-738 (1984), and that his responses to the police were voluntarily and intelligently made. (b) The same affidavit supported the applications for the three search warrants that were issued. | 1 | 1 |
Commonwealth v. Callahangreen1 sentence1997Contrary to the. defendant’s argument, the judge was warranted in finding that the defendant was not in custody for the purpose of the administration of Miranda warnings, see Commonwealth v. Callahan, 401 Mass. 627, 630 (1988); Commonwealth v. Corriveau, 396 Mass. 319, 327-328 (1985); Commonwealth v. Bryant, 390 Mass. 729, 737-738 (1984), and that his responses to the police were voluntarily and intelligently made. (b) The same affidavit supported the applications for the three search warrants that were issued. | 1 | 1 |
Darwin v. Connecticutgreen2 sentences1992The observations of Justice Harlan, concurring in part and dissenting in part, in Darwin v. Connecticut, 391 U.S. 346, 350-351 (1968), have been cited widely as authority for the “cat out of the bag” analysis. 1992The observations of Justice Harlan, concurring in part and dissenting in part, in Darwin v. Connecticut, 391 U.S. 346, 350-351 (1968), have been cited widely as authority for the "cat out of the bag" analysis. | 1 | 1 |
Brown v. Illinoisgreen2 sentences1992In the analogous case of Brown v. Illinois, 422 U.S. 590, 603-604 (1975), which involved the voluntariness of statements made after a warrantless arrest without probable cause, the Court considered, in addition to the administration of Miranda warnings, “[t]he temporal proximity of the arrest and the confession,” “the presence of intervening circumstances,” and “the purpose and flagrancy of the official misconduct.” The Commonwealth argues that the judge was correct in finding that there was no violation of the defendant’s rights under the “cat out of the bag” test, and furthermore, that in th 1992In the analogous case of Brown v. Illinois, 422 U.S. 590, 603-604 (1975), which involved the voluntariness of statements made after a warrantless arrest without probable cause, the Court considered, in addition to the administration of Miranda warnings, "[t]he temporal proximity of the arrest and the confession," "the presence of intervening circumstances," and "the purpose and flagrancy of the official misconduct." [9] The Commonwealth argues that the judge was correct in finding that there was no violation of the defendant's rights under the "cat out of the bag" test, and furthermore, that i | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Dillon D.
green
1 sentence2018The court concluded that "there was an immediate need to question the juvenile about the presence of a firearm because the obligation of protecting other students and community members outweighed the administration of Miranda warnings to the juvenile in the presence of an interested adult." Id. at 797 . | 1 | 2018–2018 |
Acuna Castillo v. Shell Oil Co.
green
1 sentence2016However, our conclusion in that case — that the presence of an opportunity to consult an attorney renders the administration of Miranda warnings unnecessary — underscores the need to recognize that the right to the assistance of counsel articulated in Miranda and Mavredakis is a right to the effective assistance of counsel. 21 In Commonwealth v. Moreau, 30 Mass. App. Ct. 677 (1991), cert. denied, 502 U.S. 1049 (1992), the defendant appealed from the denial of his motion to vacate his guilty pleas to charges of armed burglary and related crimes on the basis of ineffective assistance of counsel. | 1 | 2016–2016 |
Commonwealth v. Moreau
green
1 sentence2016However, our conclusion in that case — that the presence of an opportunity to consult an attorney renders the administration of Miranda warnings unnecessary — underscores the need to recognize that the right to the assistance of counsel articulated in Miranda and Mavredakis is a right to the effective assistance of counsel. 21 In Commonwealth v. Moreau, 30 Mass. App. Ct. 677 (1991), cert. denied, 502 U.S. 1049 (1992), the defendant appealed from the denial of his motion to vacate his guilty pleas to charges of armed burglary and related crimes on the basis of ineffective assistance of counsel. | 1 | 2016–2016 |
Commonwealth v. Habarek
green
1 sentence2014See, e.g., Commonwealth v. Toolan, 460 Mass. 452, 472 (2011); Habarek, 402 Mass. at 110 . | 1 | 2014–2014 |
Commonwealth v. Segovia
green
1 sentence2004Id. at 190 . | 1 | 2004–2004 |
State v. Lavaris
green
2 sentences2004Although the ostensible basis for the SJC’s decision was state common-law grounds, the Court emphasized that “any confession obtained in the absence of proper Miranda warnings is by definition ‘coerced’ — regardless of how ‘friendly’ the actual interrogation.” 412 Mass. at 836, quoting State v. Lavaris, 99 Wash.2d 851, 857 , 664 P.2d 1234 (1983). 2004Although the ostensible basis for the SJC’s decision was state common-law grounds, the Court emphasized that “any confession obtained in the absence of proper Miranda warnings is by definition ‘coerced’ — regardless of how ‘friendly’ the actual interrogation.” 412 Mass. at 836, quoting State v. Lavaris, 99 Wash.2d 851, 857 , 664 P.2d 1234 (1983). | 1 | 2004–2004 |
Commonwealth v. Haas
green
2 sentences1992We agree, and conclude that, where Federal law requires the administration of Miranda warnings to a person in custody, the admissibility of incriminatory statements obtained in the circumstances that appear here will, as matter of State common law, be governed by principles stated in Commonwealth v. Haas, 373 Mass. 545 (1977), S.C., 398 Mass. 806 (1986). 1992We agree, and conclude that, where Federal law requires the administration of Miranda warnings to a person in custody, the admissibility of incriminatory statements obtained in the circumstances that appear here will, as matter of State common law, be governed by principles stated in Commonwealth v. Haas, 373 Mass. 545 (1977), S.C., 398 Mass. 806 (1986). | 1 | 1992–1992 |
Commonwealth v. Haas
green
2 sentences1992We agree, and conclude that, where Federal law requires the administration of Miranda warnings to a person in custody, the admissibility of incriminatory statements obtained in the circumstances that appear here will, as matter of State common law, be governed by principles stated in Commonwealth v. Haas, 373 Mass. 545 (1977), S.C., 398 Mass. 806 (1986). 1992We agree, and conclude that, where Federal law requires the administration of Miranda warnings to a person in custody, the admissibility of incriminatory statements obtained in the circumstances that appear here will, as matter of State common law, be governed by principles stated in Commonwealth v. Haas, 373 Mass. 545 (1977), S.C., 398 Mass. 806 (1986). | 1 | 1992–1992 |
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.
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.