Fourth Amendment violation (Mississippi) · Go Syfert
← Mississippi issues

Fourth Amendment violation in Mississippi

40 Mississippi opinions name it 2 courts 1971–2026 5 in the last five years

The cases below were cited by Mississippi 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 (27)

CaseFollowedCited
Lawrence v. Stategreen
miss · 2003 · cited in 6 Mississippi opinions naming this issue, 2004–2014
2 sentences

2014Rule 6.03 of the Uniform Rules of Circuit and County Court states that “[e]very person in custody shall be taken, without unnecessary delay and within 48 hours of arrest, before a judicial officer or other person authorized by statute for an initial appearance.” However, the “failure to follow the exact procedure of Rule 6.03 does not necessarily result in a Fourth Amendment violation.” Pugh v. State, 101 So.3d 682, 690 (¶ 31) (Miss.Ct.App.2012) (quoting Lawrence v. State, 869 So.2d 353, 356 (¶ 12) (Miss.2003)).

2014Rule 6.03 of the Uniform Rules of Circuit and County Court states that “[e]very person in custody shall be taken, without unnecessary delay and within 48 hours of arrest, before a judicial officer or other person authorized by statute for an initial appearance.” However, the “failure to follow the exact procedure of Rule 6.03 does not necessarily result in a Fourth Amendment violation.” Pugh v. State, 101 So.3d 682, 690 (¶ 31) (Miss.Ct.App.2012) (quoting Lawrence v. State, 869 So.2d 353, 356 (¶ 12) (Miss.2003)).

46
Rakas v. Illinoisgreen
scotus · 1979 · cited in 4 Mississippi opinions naming this issue, 1990–2005
2 sentences

2002Id. at 143 , 99 S.Ct. 421 . [S]uppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence.

2002Id. at 143 , 99 S.Ct. 421 . [S]uppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence.

24
Patterson v. Stategreen
miss · 1982 · cited in 2 Mississippi opinions naming this issue, 1986–2015
2 sentences

1986Where a Fourth Amendment violation "taints" the confession, a finding of voluntariness for the purposes of the Fifth Amendment is merely a threshold requirement in determining whether a confession may be admitted in evidence. [citation omitted] ___ U.S. at ___, 105 S.Ct. at 1292 , 84 L.Ed.2d at 230 . [3] See also, Penick v. State, 440 So.2d 547, 554-558 (Miss. 1983) considering Brown v. Illinois in the context of a question regarding admissibility of tangible evidence in a search following an illegal detention, and Patterson v. State, 413 So.2d 1036, 1039-1040 (Miss. 1982) considering Brown in

1986Where a Fourth Amendment violation "taints" the confession, a finding of voluntariness for the purposes of the Fifth Amendment is merely a threshold requirement in determining whether a confession may be admitted in evidence. [citation omitted] ___ U.S. at ___, 105 S.Ct. at 1292 , 84 L.Ed.2d at 230 . [3] See also, Penick v. State, 440 So.2d 547, 554-558 (Miss. 1983) considering Brown v. Illinois in the context of a question regarding admissibility of tangible evidence in a search following an illegal detention, and Patterson v. State, 413 So.2d 1036, 1039-1040 (Miss. 1982) considering Brown in

12
Degenhardt v. Bintliffgreen
ca5 · 2024 · cited in 1 Mississippi opinions naming this issue, 2026–2026
2 sentences

2026“Impounding a vehicle qualifies as a seizure subject to a Fourth Amendment analysis.” Degenhardt v. Bintliff, 117 F.4th 747, 756 (5th Cir. 2024) (citing United States v. McKinnon, 681 F.3d 203, 207-08 (5th Cir. 2012)).

2026“Impounding a vehicle qualifies as a seizure subject to a Fourth Amendment analysis.” Degenhardt v. Bintliff, 117 F.4th 747, 756 (5th Cir. 2024) (citing United States v. McKinnon, 681 F.3d 203, 207-08 (5th Cir. 2012)).

11
United States v. McKinnongreen
ca5 · 2012 · cited in 1 Mississippi opinions naming this issue, 2026–2026
2 sentences

2026“Impounding a vehicle qualifies as a seizure subject to a Fourth Amendment analysis.” Degenhardt v. Bintliff, 117 F.4th 747, 756 (5th Cir. 2024) (citing United States v. McKinnon, 681 F.3d 203, 207-08 (5th Cir. 2012)).

2026“Impounding a vehicle qualifies as a seizure subject to a Fourth Amendment analysis.” Degenhardt v. Bintliff, 117 F.4th 747, 756 (5th Cir. 2024) (citing United States v. McKinnon, 681 F.3d 203, 207-08 (5th Cir. 2012)).

11
Ray v. Stategreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2026–2026
2 sentences

2026“When an individual is arrested and there is no one readily available to take possession of the arrestee’s vehicle, the arresting officer will often have the car impounded.” Ray v. State, 798 So. 2d 579, 583 (¶13) (Miss.

2026“When an individual is arrested and there is no one readily available to take possession of the arrestee’s vehicle, the arresting officer will often have the car impounded.” Ray v. State, 798 So. 2d 579, 583 (¶13) (Miss.

11
Joe Johnson v. State of Mississippigreen
missctapp · 2015 · cited in 1 Mississippi opinions naming this issue, 2021–2021
2 sentences

2021“It is unusual for this Court to consider a claim of ineffective assistance of counsel when the claim is made on direct appeal because there is usually insufficient evidence within the record to evaluate the claim.” Johnson v. State, 191 So. 3d 732, 735 (¶13) (Miss.

2021“It is unusual for this Court to consider a claim of ineffective assistance of counsel when the claim is made on direct appeal because there is usually insufficient evidence within the record to evaluate the claim.” Johnson v. State, 191 So. 3d 732, 735 (¶13) (Miss.

11
Delker v. Stategreen
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018See Delker v. State , 50 So.3d 300 (Miss. 2010) (Randolph, J., for the Court) (regarding enforcing the exclusionary rule against a Fourth Amendment violation due to a violation of jurisdictional boundaries, finding that any deterrent effect "is significantly outweighed by the 'substantial social costs' and 'harm to the justice system' exacted by exclusion ....

2018See Delker v. State , 50 So.3d 300 (Miss. 2010) (Randolph, J., for the Court) (regarding enforcing the exclusionary rule against a Fourth Amendment violation due to a violation of jurisdictional boundaries, finding that any deterrent effect "is significantly outweighed by the 'substantial social costs' and 'harm to the justice system' exacted by exclusion ....

11
Marshall v. Stategreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2017–2017
2 sentences

2017Based on this alleged Fourth Amendment violation, he argues the evidence seized following his arrest should have been excluded as inadmissible “fruit of the poisonous tree.” See Marshall v. State, 584 So.2d 437, 438 (Miss. 1991) (citing Murray v. United States, 487 U.S. 533, 536 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472 (1988)) (explaining the “fruit of the poisonous tree” doctrine — also known as the exclusionary rule — deems inadmissible any evidence obtained incident to an unlawful search or seizure).

2017Based on this alleged Fourth Amendment violation, he argues the evidence seized following his arrest should have been excluded as inadmissible “fruit of the poisonous tree.” See Marshall v. State, 584 So.2d 437, 438 (Miss. 1991) (citing Murray v. United States, 487 U.S. 533, 536 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472 (1988)) (explaining the “fruit of the poisonous tree” doctrine — also known as the exclusionary rule — deems inadmissible any evidence obtained incident to an unlawful search or seizure).

11
Baker v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So.2d 77, 79 (Miss.2001); Taylor v. State, 733 So.2d 251 (Miss.1999); and Smith v. State, 419 So.2d 563, 570 (Miss.1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend -their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, .as happened in this case. .

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So. 2d 77, 79 (Miss. 2001); Taylor v. State, 733 So. 2d 251 (Miss. 1999); and Smith v. State, 419 So. 2d 563, 570 (Miss. 1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, as happened in this case.

11
Smith v. Statered
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So.2d 77, 79 (Miss.2001); Taylor v. State, 733 So.2d 251 (Miss.1999); and Smith v. State, 419 So.2d 563, 570 (Miss.1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend -their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, .as happened in this case. .

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So. 2d 77, 79 (Miss. 2001); Taylor v. State, 733 So. 2d 251 (Miss. 1999); and Smith v. State, 419 So. 2d 563, 570 (Miss. 1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, as happened in this case.

11
Mosley v. Stategreen
missctapp · 2011 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015“The Fourth Amendment to the United States Constitution and Article 3[,][S]ection 23 of the Mississippi Constitution protect individuals from unreasonable searches and seizures.” Mosley v. State, 89 So.3d 41, 45 (¶ 12) (Miss.Ct.App.2011) (citing U.S. Const. amend.

11
Brown v. Stategreen
miss · 1978 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015In Brown v. State, 358 So.2d 1004, 1005 (Miss.1978), this Court said: Consent to search voluntarily given without coercion may be given by a third party who possessed common authority, mutual use and joint control over property not in the exclusive control or possession of the defendant and where the defendant had no reasonable expectation of privacy.

2015In Brown v. State, 358 So.2d 1004, 1005 (Miss.1978), this Court said: Consent to search voluntarily given without coercion may be given by a third party who possessed common authority, mutual use and joint control over property not in the exclusive control or possession of the defendant and where the defendant had no reasonable expectation of privacy.

11
United States v. James Andrew Colbert and Michael Beryl Reesegreen
ca5 · 1973 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015“Only those persons whose privacy is invaded by a search have standing to object to it under the exclusionary rule[.]” United States v. Colbert, 474 F.2d 174, 176 (5th Cir.1973).

2015“Only those persons whose privacy is invaded by a search have standing to object to it under the exclusionary rule[.]” United States v. Colbert, 474 F.2d 174, 176 (5th Cir.1973).

11
Pugh v. Stategreen
missctapp · 2012 · cited in 1 Mississippi opinions naming this issue, 2014–2014
11
Johnson v. Stategreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
Jones v. Stategreen
miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
Figueroa v. Stategreen
fladistctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2009–2009
11
Glasper v. Stategreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2009–2009
11
Richardson v. Stategreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2009–2009
11
Manix v. Stategreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2009–2009
11
City of St. Paul v. Mylesgreen
minn · 1974 · cited in 1 Mississippi opinions naming this issue, 2005–2005
11
Robinson v. Stategreen
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 2005–2005
11
Gerstein v. Pughgreen
scotus · 1975 · cited in 1 Mississippi opinions naming this issue, 2003–2003
11
Jones v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2002–2002
11
Lockett v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1986–1986
11
Penick v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1986–1986
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (32)

CaseCitedYears
Kansas v. Ventris green
scotus · 2009
2 sentences

2024Even in the event of a Fourth Amendment violation, the supreme law of the land requires a case-by-case “balancing test” to be performed, and suppression ordered “only in those unusual cases in which exclusion will further the purpose of the exclusionary rule.” Kansas v. Ventris, 129 S. Ct. 1841, 1845 , 173 L. Ed. 2d 801 (2009) (requiring “balancing test”); United States v. Leon, 468 U.S. 897, 918 , 104 S. Ct. 3405 , 82 L. Ed. 2d 677 (1984).

2024Even in the event of a Fourth Amendment violation, the supreme law of the land requires a case-by-case “balancing test” to be performed, and suppression ordered “only in those unusual cases in which exclusion will further the purpose of the exclusionary rule.” Kansas v. Ventris, 129 S. Ct. 1841, 1845 , 173 L. Ed. 2d 801 (2009) (requiring “balancing test”); United States v. Leon, 468 U.S. 897, 918 , 104 S. Ct. 3405 , 82 L. Ed. 2d 677 (1984).

32007–2024
United States v. Leon green
scotus · 1984
2 sentences

2024Even in the event of a Fourth Amendment violation, the supreme law of the land requires a case-by-case “balancing test” to be performed, and suppression ordered “only in those unusual cases in which exclusion will further the purpose of the exclusionary rule.” Kansas v. Ventris, 129 S. Ct. 1841, 1845 , 173 L. Ed. 2d 801 (2009) (requiring “balancing test”); United States v. Leon, 468 U.S. 897, 918 , 104 S. Ct. 3405 , 82 L. Ed. 2d 677 (1984).

2024Even in the event of a Fourth Amendment violation, the supreme law of the land requires a case-by-case “balancing test” to be performed, and suppression ordered “only in those unusual cases in which exclusion will further the purpose of the exclusionary rule.” Kansas v. Ventris, 129 S. Ct. 1841, 1845 , 173 L. Ed. 2d 801 (2009) (requiring “balancing test”); United States v. Leon, 468 U.S. 897, 918 , 104 S. Ct. 3405 , 82 L. Ed. 2d 677 (1984).

32007–2024
Alderman v. United States green
scotus · 1969
2 sentences

2023“The established principle is that suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence.” Alderman v. United States, 394 U.S. 165, 171-72 , 89 S. Ct. 961 , 22 L. Ed. 2d 176 (1969). ¶25.

2023“The established principle is that suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence.” Alderman v. United States, 394 U.S. 165, 171-72 , 89 S. Ct. 961 , 22 L. Ed. 2d 176 (1969). ¶25.

22002–2023
Herring v. United States green
scotus · 2009
2 sentences

2010The issue is whether the exclusionary rule should be applied.” Herring, 129 S.Ct. at 699 .

2010The issue is whether the exclusionary rule should be applied.” Herring, 129 S.Ct. at 699 .

22007–2010
Kimmelman v. Morrison green
scotus · 1986
2 sentences

1999The standard of review for such a question may be found in Kimmelman v. Morrison, 477 U.S. 365, 375 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986), where the U.S. Supreme Court stated: Where defense counsel's failure to litigate a Fourth Amendment claim competently is the principal allegation of ineffectiveness, the defendant must also prove that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different absent the excludable evidence in order to demonstrate actual prejudice....

1999The standard of review for such a question may be found in Kimmelman v. Morrison, 477 U.S. 365, 375 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986), where the U.S. Supreme Court stated: Where defense counsel's failure to litigate a Fourth Amendment claim competently is the principal allegation of ineffectiveness, the defendant must also prove that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different absent the excludable evidence in order to demonstrate actual prejudice....

21992–1999
Terry v. Ohio green
scotus · 1968
2 sentences

1992Id. (citing cases).

1992Id. (citing cases).

21983–1992
Jones v. United States red
scotus · 1960
2 sentences

2023As White explained, “[t]he automatic standing rule provided that one charged with a possessory crime automatically had standing to object to a search which tended to establish guilt of possession of the prohibited items.” White, 571 So. 2d at 959 (citing Jones, 362 U.S. 257 ).

2023As White explained, “[t]he automatic standing rule provided that one charged with a possessory crime automatically had standing to object to a search which tended to establish guilt of possession of the prohibited items.” White, 571 So. 2d at 959 (citing Jones, 362 U.S. 257 ).

12023–2023
White v. State green
miss · 1990
2 sentences

2023As White explained, “[t]he automatic standing rule provided that one charged with a possessory crime automatically had standing to object to a search which tended to establish guilt of possession of the prohibited items.” White, 571 So. 2d at 959 (citing Jones, 362 U.S. 257 ).

2023As White explained, “[t]he automatic standing rule provided that one charged with a possessory crime automatically had standing to object to a search which tended to establish guilt of possession of the prohibited items.” White, 571 So. 2d at 959 (citing Jones, 362 U.S. 257 ).

12023–2023
Cornelius Young v. State of Mississippi green
missctapp · 2020
1 sentence

2021Because Scruggs raises a Fourth Amendment issue in connection with his ineffective- assistance-of-counsel claim, we also review the record to ensure that it does not 13 “affirmatively show[] that [Scruggs] was denied effective assistance of counsel of constitutional dimensions.” Young v. State, 294 So. 3d 1238 , 1244 (¶17) (Miss.

12021–2021
United States v. Richard Jackson green
ca8 · 2017
1 sentence

2021Id.

12021–2021
Eddie Hall v. State of Mississippi green
miss · 2016
2 sentences

2018It takes neither a judge nor a lawyer to recognize the compelling social interest in protecting innocent citizens from drunk drivers and the offense to 'basic concepts of the criminal justice system' by 'letting guilty and possibly dangerous defendants go free.' "); Hall v. State , 201 So.3d 424 (Miss. 2016) (Randolph, P.J., for the Court).

2018It takes neither a judge nor a lawyer to recognize the compelling social interest in protecting innocent citizens from drunk drivers and the offense to 'basic concepts of the criminal justice system' by 'letting guilty and possibly dangerous defendants go free.' "); Hall v. State , 201 So.3d 424 (Miss. 2016) (Randolph, P.J., for the Court).

12018–2018
Murray v. United States green
scotus · 1988
2 sentences

2017Based on this alleged Fourth Amendment violation, he argues the evidence seized following his arrest should have been excluded as inadmissible “fruit of the poisonous tree.” See Marshall v. State, 584 So.2d 437, 438 (Miss. 1991) (citing Murray v. United States, 487 U.S. 533, 536 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472 (1988)) (explaining the “fruit of the poisonous tree” doctrine — also known as the exclusionary rule — deems inadmissible any evidence obtained incident to an unlawful search or seizure).

2017Based on this alleged Fourth Amendment violation, he argues the evidence seized following his arrest should have been excluded as inadmissible “fruit of the poisonous tree.” See Marshall v. State, 584 So.2d 437, 438 (Miss. 1991) (citing Murray v. United States, 487 U.S. 533, 536 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472 (1988)) (explaining the “fruit of the poisonous tree” doctrine — also known as the exclusionary rule — deems inadmissible any evidence obtained incident to an unlawful search or seizure).

12017–2017
Georgia v. Randolph green
scotus · 2006
2 sentences

2015“To the Fourth Amendment rule ordinarily prohibiting the warrantless entry of a person’s house as unreasonable per se, one ‘jealously and carefully drawn’ exception, recognizes the validity of searches with the voluntary consent of an individual possessing authority.” Georgia v. Randolph, 547 U.S. 103, 109 , 126 S.Ct. 1515 , 164 L.Ed.2d 208 (2006) (internal citations omitted). • ¶ 127.

2015“To the Fourth Amendment rule ordinarily prohibiting the warrantless entry of a person’s house as unreasonable per se, one ‘jealously and carefully drawn’ exception, recognizes the validity of searches with the voluntary consent of an individual possessing authority.” Georgia v. Randolph, 547 U.S. 103, 109 , 126 S.Ct. 1515 , 164 L.Ed.2d 208 (2006) (internal citations omitted). • ¶ 127.

12015–2015
Miranda v. Arizona green
scotus · 1966
2 sentences

2015He was subsequently inadmissibility of the confession based on a Fourth Amendment violation, we do not find this to be a waiver of this issue, as the circuit court had already ruled that the search warrants were supported by probable cause. 13 Miranda v. Arizona, 384 U.S. 436 (1966). 14 The Patterson court found the confession at issue to be admissible, as the statement was made prior to the illegal search.

2015He was subsequently inadmissibility of the confession based on a Fourth Amendment violation, we do not find this to be a waiver of this issue, as the circuit court had already ruled that the search warrants were supported by probable cause. 13 Miranda v. Arizona, 384 U.S. 436 (1966). 14 The Patterson court found the confession at issue to be admissible, as the statement was made prior to the illegal search.

12015–2015
Mincey v. Arizona green
scotus · 1978
2 sentences

2015In fact, in Mincey v. Arizona, 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978), the Supreme.

2015In fact, in Mincey v. Arizona, 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978), the Supreme.

12015–2015
Taylor v. State green
miss · 1999
2 sentences

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So.2d 77, 79 (Miss.2001); Taylor v. State, 733 So.2d 251 (Miss.1999); and Smith v. State, 419 So.2d 563, 570 (Miss.1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend -their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, .as happened in this case. .

2015The majority, relying on this Court’s precedent in Baker v. State, 802 So. 2d 77, 79 (Miss. 2001); Taylor v. State, 733 So. 2d 251 (Miss. 1999); and Smith v. State, 419 So. 2d 563, 570 (Miss. 1982), finds that there was no Fourth Amendment violation because “the second entry into Crawford’s residence constituted a continuation of the original search.” But the United States Supreme Court never has allowed police to extend their entry into a dwelling based on the exigency exception to reenter a dwelling for the purpose of conducting a plain-view search, as happened in this case.

12015–2015
Whren v. United States green
scotus · 1996
12014–2014
Taylor v. Alabama green
scotus · 1982
12014–2014
Brown v. Illinois green
scotus · 1975
12014–2014
Woodward v. State green
miss · 1993
12012–2012
Abram v. State red
miss · 1992
12012–2012
United States v. Gallo green
ca2 · 1941
12009–2009
Oregon v. Elstad green
scotus · 1985
11986–1986
State v. Tourtillott green
or · 1980
11986–1986
State v. Tourtillot green
or · 1980
11986–1986
Tourtillott v. Oregon neutral
scotus · 1981
11986–1986
State v. Halverson green
sd · 1979
11986–1986
Harris v. United States green
scotus · 1968
11982–1982
Arkansas v. Sanders red
scotus · 1979
11981–1981
United States v. Thurman Jeff West green
ca5 · 1972
11975–1975
United States v. John Thomas Allen green
ca5 · 1973
11975–1975
United States v. White green
scotus · 1971
11971–1971

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-105 (6) MS § Miss. Code Ann. § 97-3-19 (5) MS § Miss. Code Ann. § 99-19-101 (4) MS § Miss. Code Ann. § 63-11-30 (3) MS § Miss. Code Ann. § 99-3-7 (3) MS § Miss. Code Ann. § 99-39-21 (3)

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

TX 997 (1967–2026) CA 614 (1966–2026) OH 447 (1970–2026) IL 336 (1971–2026) IN 301 (1971–2026) VA 279 (1968–2026) PA 244 (1965–2026) MI 244 (1969–2026) NY 228 (1962–2026) FL 227 (1971–2026) GA 223 (1974–2026) WI 185 (1971–2026) ID 183 (1983–2026) MD 170 (1972–2026) WA 167 (1967–2025) NJ 153 (1968–2026) KS 135 (1973–2026) MO 131 (1969–2025) DC 129 (1971–2026) TN 124 (1969–2026) NM 123 (1974–2024) AZ 123 (1968–2026) CO 111 (1976–2026) NC 110 (1973–2026) UT 108 (1983–2026) MN 100 (1965–2026) IA 100 (1969–2026) OR 88 (1970–2026) ND 85 (1974–2026) MA 83 (1964–2026) SC 80 (1976–2026) LA 77 (1977–2025) CT 68 (1970–2026) KY 57 (1979–2026) NE 57 (1972–2025) AR 56 (1981–2024) AL 56 (1964–2026) ME 54 (1970–2025) OK 47 (1972–2025) SD 45 (1967–2024) WY 45 (1972–2025) MT 42 (1974–2024) MS 40 (1971–2026) VT 31 (1971–2024) WV 30 (1980–2025) DE 30 (1968–2026) HI 27 (1978–2024) RI 26 (1980–2025) NV 25 (1974–2021) AK 25 (1974–2025) VI 15 (1977–2026) NH 13 (1986–2020) GU 2 (2021–2025)

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.

← Caselaw search · G Cite Topics · Brief Check