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5 New Hampshire opinions name it 1 courts 2001–2020 0 in the last five years
The cases below were cited by New Hampshire 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 |
|---|---|---|
State v. MacElmangreen2 sentences2020See MacElman, 149 N.H. at 798 ; see also Sutterfield v. City of Milwaukee, 751 F.3d 542, 557 (7th Cir. 2014). 2006In MacElman , we adopted the following *202 standard for applying the emergency aid exception: “The State must show: (1) the police have objectively reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property; (2) there is an objectively reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched; and (3) the search is not primarily motivated by intent to arrest and seize evidence.” MacElman, 149 N.H. at 798 (citation and quotations omitted). | 3 | 3 |
People v. Mitchellred2 sentences2019Id.; see People v. Mitchell, 347 N.E.2d 607, 609 (N.Y. 1976). 2003The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert, denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 643-44 (Vt. 2000) (adopting Mitchell st | 3 | 3 |
Commonwealth v. Snellgreen2 sentences2003The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert, denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 643-44 (Vt. 2000) (adopting Mitchell st 2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st | 2 | 2 |
State v. Mountfordgreen2 sentences2003The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert, denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 643-44 (Vt. 2000) (adopting Mitchell st 2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st | 2 | 2 |
Michigan v. Fishergreen1 sentence2020The Federal Constitution provides the defendant no greater protection under these circumstances, see Brigham City v. Stuart, 547 U.S. 398, 406-07 (2006); Michigan v. Fisher, 558 U.S. 45, 48-49 (2009), and we therefore reach the same result under the Federal Constitution as we do under the State Constitution. | 1 | 1 |
Brigham City v. Stuartgreen1 sentence2020The Federal Constitution provides the defendant no greater protection under these circumstances, see Brigham City v. Stuart, 547 U.S. 398, 406-07 (2006); Michigan v. Fisher, 558 U.S. 45, 48-49 (2009), and we therefore reach the same result under the Federal Constitution as we do under the State Constitution. | 1 | 1 |
State v. Pseudaegreen1 sentence2020See State v. Pseudae, 154 N.H. 196, 201-02 (2006); see also Sutterfield, 751 F.3d at 557 . | 1 | 1 |
Krysta Sutterfield v. City of Milwaukeegreen2 sentences2020See MacElman, 149 N.H. at 798 ; see also Sutterfield v. City of Milwaukee, 751 F.3d 542, 557 (7th Cir. 2014). 2020See State v. Pseudae, 154 N.H. 196, 201-02 (2006); see also Sutterfield, 751 F.3d at 557 . | 1 | 1 |
State v. Berrygreen1 sentence2006See State v. Berry, 148 N.H. 88, 92 (2002) (“when a lower tribunal has not addressed a factual issue, but the record reveals that a reasonable fact finder necessarily would reach a certain conclusion, we may decide that issue as a matter of law” (citation omitted)). | 1 | 1 |
City of Fargo v. Ternesgreen2 sentences2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st 2001See, e.g., City of Fargo, 522 N.W.2d at 178-79 (holding warrantless entry justified when police learned defendant involved in a car accident resulting in a cut on to his right cheek and visible damage to the car). | 1 | 1 |
State v. Boggessgreen1 sentence2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fugah v. Meyers
green
2 sentences2003The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert, denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 643-44 (Vt. 2000) (adopting Mitchell st 2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st | 2 | 2001–2003 |
Millanes-Ruiz v. United States
green
2 sentences2003The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert, denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 643-44 (Vt. 2000) (adopting Mitchell st 2001The State must show: (1) the police have objectively “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”; (2) there is an objectively “reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched”; and (3) the search is not “primarily motivated by intent to arrest and seize evidence.” People v. Mitchell, 347 N.E.2d 607, 609 (N.Y.), cert. denied, 426 U.S. 953 (1976); see also State v. Mountford, 769 A.2d 639, 644-45 (Vt. 2000) (adopting Mitchell st | 2 | 2001–2003 |
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.