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11 Massachusetts opinions name it 3 courts 1992–2025 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 |
|---|---|---|
Commonwealth v. Smithgreen2 sentences2014In contrast with Federal constitutional law, under our constitutional law, we “presume that a statement made following the violation of a suspect’s Miranda rights is tainted,” and require the prosecution to “show more than the belated administration of Miranda warnings in order to dispel that taint.” Commonwealth v. Smith, 412 Mass. 823, 836 (1992). 2010He notes correctly that “a statement made following the violation of a suspect’s Miranda rights is tainted,” and the prosecution must “show more than the belated administration of Miranda warnings in order to dispel the taint.” Commonwealth v. Osachuk, 418 Mass. 229, 237 (1994), quoting Commonwealth v. Smith, 412 Mass. 823, 836 (1992). | 6 | 8 |
Commonwealth v. Osachukgreen2 sentences2025Commonwealth v. Osachuk, 418 Mass. 229, 235 (1994). 2010He notes correctly that “a statement made following the violation of a suspect’s Miranda rights is tainted,” and the prosecution must “show more than the belated administration of Miranda warnings in order to dispel the taint.” Commonwealth v. Osachuk, 418 Mass. 229, 237 (1994), quoting Commonwealth v. Smith, 412 Mass. 823, 836 (1992). | 3 | 5 |
Commonwealth v. Pratergreen2 sentences2008While we “presume that a statement made following the violation of a suspect’s Miranda rights is tainted, and . . . require the prosecution [to] show more than the belated administration of Miranda warnings in order to dispel that taint,” Commonwealth v. Prater, 420 Mass. 569, 580 (1995), quoting Commonwealth v. Smith, 412 Mass. 823, 836 (1992), the Commonwealth was not given this opportunity because no motion to suppress was filed. 2003See Commonwealth v. Smith, 412 Mass. 823, 836 (1992). 4 The Commonwealth can overcome the presumption of taint by showing that either: “(1) after the illegally obtained statement, there was a break in the stream of events that sufficiently insulated the post-Miranda statement from the tainted one; or (2) the illegally obtained statement did not incriminate the defendant, or, as it is more colloquially put, the cat was not out of the bag.” Commonwealth v. Torres, 424 Mass. 792, 799 (1997), quoting from Commonwealth v. Prater, 420 Mass. 569, 580 (1995). | 2 | 2 |
Timmons v. Massachusetts Bay Transportation Authoritygreen1 sentence2025Auth., 412 Mass. 646, 649-650 (1992) (noting fact that witness is qualified as expert in one area does not qualify him to give expert opinion in other area). 19 It is settled law that "[i]n this Commonwealth, there is a presumption that a statement made following the violation of a suspect's Miranda rights is tainted, and the prosecution must show more than the belated administration of Miranda warnings in order to dispel that taint" (quotation and citation omitted). | 1 | 1 |
State v. Lavarisgreen1 sentence2014A statement obtained in violation of Edwards , and thus also in violation of Miranda , is *551 “by definition ‘coerced.’ ” Smith, supra, quoting State v. Lavaris, 99 Wash. 2d 851, 857 (1983). | 1 | 1 |
Commonwealth v. Torresgreen1 sentence2003See Commonwealth v. Smith, 412 Mass. 823, 836 (1992). 4 The Commonwealth can overcome the presumption of taint by showing that either: “(1) after the illegally obtained statement, there was a break in the stream of events that sufficiently insulated the post-Miranda statement from the tainted one; or (2) the illegally obtained statement did not incriminate the defendant, or, as it is more colloquially put, the cat was not out of the bag.” Commonwealth v. Torres, 424 Mass. 792, 799 (1997), quoting from Commonwealth v. Prater, 420 Mass. 569, 580 (1995). | 1 | 1 |
Commonwealth v. Jonesgreen1 sentence2003“Although the validity of a defendant’s Miranda waiver and the voluntariness of his statements are separate inquiries, we use a totality of the circumstances test for both.” Commonwealth v. Jones, 439 Mass. 249, 257 (2003). 3 A statement made following a violation of a suspect’s Miranda rights is presumptively tainted. | 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. Tavares
green
2 sentences1992It is also consistent with our “humane practice” holding that, “before any statement by a defendant to law enforcement officers or their agents may be placed before the jury, the Commonwealth must prove voluntariness beyond a reasonable doubt.” Commonwealth v. Tavares, supra at 152 . 1992It is also consistent with our "humane practice" holding that, "before any statement by a defendant to law enforcement officers or their agents may be placed before the jury, the Commonwealth must prove voluntariness beyond a reasonable doubt." Commonwealth v. Tavares, supra at 152 . | 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.