IN RE FERNANDEZ ET AL.

Citator

Cited By (36 total)

• State v. Cross, 487 So. 2d 1056 (Fla. 1986)
  …revocation hearings. The state suggests that we should hold the exclusionary rule inapplicable in these latter proceedings in conformity with the majority of federal circuits. See United States v. Bazzano, 712 F. 2d 826 (3d Cir. 1983), cert. denied, 465 U.S. 1078, 104 S.Ct. 1439, 79 L.Ed.2d 760 (1984); United States v. Frederickson, 581 F. 2d 711 (8th Cir.1978); United States v. Winsett, 518 F. 2d 51 (9th Cir.1975); United States v. Farmer, 512 F. 2d 160 (6th Cir.), cert. denied, 423 U.S. 987, 96 S.Ct. 397,…
• Oregon v. Elstad, 470 U.S. 298 (U.S. 1985)
  …ial court. The Oregon Court of Appeals reversed, holding that respondent’s signed confession, although voluntary, was rendered inadmissible by a prior remark made in response to questioning without benefit of Miranda warnings. We granted certiorari, 465 U. S. 1078 (1984), and we now reverse. I In December 1981, the home of Mr. and Mrs. Gilbert Gross, in the town of Salem, Polk County, Ore., was burglarized. Missing were art objects and furnishings valued at $150,000. A witness to the burglary contacted the…
• New York v. Quarles, 467 U.S. 649 (U.S. 1984)
  …r the mere failure to administer Miranda warnings can “taint” subsequent admissions is an open question, compare United States v. Toral, 536 F. 2d 893, 896-897 (CA9 1976), with Oregon v. Elstad, 61 Ore. App. 673, 658 P. 2d 552 (1983), cert. granted, 465 U. S. 1078 (1984), but a proper inquiry must focus at least initially, if not exclusively, on whether the subsequent confession is itself free of actual coercion. See Lyons v. Oklahoma, 322 U. S. 596, 603 (1944). I would reverse and remand for further factua…