section 7 greater protection (Hawaii) · Go Syfert
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section 7 greater protection in Hawaii

6 Hawaii opinions name it 2 courts 1982–2024 1 in the last five years

The cases below were cited by Hawaii 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 (3)

CaseFollowedCited
State v. Walton.green
haw · 2014 · cited in 1 Hawaii opinions naming this issue, 2024–2024
2 sentences

2024We note that State v. Walton, 133 Hawaiʻi 66, 93-97, 324 P.3d 876, 903-07 (2014), overruled some Hawaiʻi cases holding information voluntarily disclosed to third parties automatically loses article I, section 7 privacy protection; Walton also set forth factors courts should consider in determining whether a defendant has a legitimate expectation of privacy that information provided to a third party would not be shared with others, including whether that information reveals “intimate details of a person’s life.” 133 Hawaiʻi at 96- 97, 324 P.3d at 906-07 .

2024We note that State v. Walton, 133 Hawaiʻi 66, 93-97, 324 P.3d 876, 903-07 (2014), overruled some Hawaiʻi cases holding information voluntarily disclosed to third parties automatically loses article I, section 7 privacy protection; Walton also set forth factors courts should consider in determining whether a defendant has a legitimate expectation of privacy that information provided to a third party would not be shared with others, including whether that information reveals “intimate details of a person’s life.” 133 Hawaiʻi at 96- 97, 324 P.3d at 906-07 .

11
National Labor Relations Board v. City Disposal Systems, Inc.green
scotus · 1984 · cited in 1 Hawaii opinions naming this issue, 2006–2006
2 sentences

2006See e.g., N.L.R.B. v. City Disposal Sys., Inc., 465 U.S. 822, 833 , 104 S.Ct. 1505 , 79 L.Ed.2d 839 (1984) (explaining that a single employee’s invocation of rights set forth in a [collective bargaining agreement (CBA)] is presumed to be concerted activity because the CBA was put into effect by group action).

2006See e.g., N.L.R.B. v. City Disposal Sys., Inc., 465 U.S. 822, 833 , 104 S.Ct. 1505 , 79 L.Ed.2d 839 (1984) (explaining that a single employee’s invocation of rights set forth in a [collective bargaining agreement (CBA)] is presumed to be concerted activity because the CBA was put into effect by group action).

11
State v. Kalunagreen
haw · 1974 · cited in 1 Hawaii opinions naming this issue, 2005–2005
2 sentences

2005State v. Kaluna, 55 Haw. 361, 369 , 520 P.2d 51, 58 (1974).

2005State v. Kaluna, 55 Haw. 361, 369 , 520 P.2d 51, 58 (1974).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Illinois v. Lafayette green
scotus · 1983
1 sentence

1984Except where we find that article I, section 7 provides greater protection to the individual than the Fourth Amendment to the federal constitution, we use the shorthand term “Fourth Amendment” to refer jointly to the rights secured by the Fourth Amendment and article I, section 7 of our state constitution. 2 We recognize that in Illinois v. Lafayette the United States Supreme Court held that the Fourth Amendment does not require police to use less intrusive means (such as sealing) to safeguard an arrestee’s property. 103 S. Ct. at 2610 .

11984–1984
State v. Lester green
haw · 1982
2 sentences

1984In Lester, supra, two members of the court found no violation of either Article I, § 7 or HRS § 803-42(b)(3). 64 Haw. at 668 , 649 P.2d at 353 .

1984In Lester, supra, two members of the court found no violation of either Article I, § 7 or HRS § 803-42(b)(3). 64 Haw. at 668 , 649 P.2d at 353 .

11984–1984
Katz v. United States green
scotus · 1967
2 sentences

1982I am not convinced that the privacy provision of section 7 “should be construed in light of the language in Katz v. United States, 389 U.S. 347 , 88 S. Ct. 507 , 19 L.Ed.2d 576 (1967), regarding reasonable expectation of privacy.” Comm. Whole Rep.

1982I am not convinced that the privacy provision of section 7 “should be construed in light of the language in Katz v. United States, 389 U.S. 347 , 88 S. Ct. 507 , 19 L.Ed.2d 576 (1967), regarding reasonable expectation of privacy.” Comm. Whole Rep.

11982–1982

Where else courts name it

WA 164 (1984–2026) PA 19 (1911–2024) NC 17 (1921–2021) CO 12 (1942–2025) OH 10 (1959–2015) TN 7 (1979–2020) MA 7 (1895–2014) IL 6 (1983–2024) HI 6 (1982–2024) MI 4 (1991–2020) NJ 3 (1964–2013) NY 3 (1940–1976) SD 3 (1977–2025) ID 3 (2015–2017) CA 3 (1975–2014) OK 3 (2016–2017) IN 2 (1881–1929)

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.

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