section 19-4411 control to the exclusion (Idaho) · Go Syfert
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section 19-4411 control to the exclusion in Idaho

6 Idaho opinions name it 2 courts 1984–2022 2 in the last five years

The cases below were cited by Idaho 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 (2)

CaseFollowedCited
State v. Yodergreen
idaho · 1975 · cited in 4 Idaho opinions naming this issue, 1984–2022
2 sentences

1987State v. Yoder, 96 Idaho 651 , 534 P.2d 771 (1975) (upholding provisions of I.C.R. 41(c) allowing oral recorded testimony for issuance of search warrant even though I.C. § 19-4404 mandated “depositions in writing”); State v. Lindner, 100 Idaho 37 , 592 P.2d 852 (1979) (holding that less restrictive provisions of I.C.R. 41(c) for issuing nighttime search warrants controlled over more restrictive provisions of I.C. § 19-4411); State v. Lewis, 107 Idaho 616 , 691 P.2d 1231 (1984) (adhering to Lindner’s ruling “that I.C.R. 41 would control to the exclusion of I.C. § 19-4411”).

1987State v. Yoder, 96 Idaho 651 , 534 P.2d 771 (1975) (upholding provisions of I.C.R. 41(c) allowing oral recorded testimony for issuance of search warrant even though I.C. § 19-4404 mandated “depositions in writing”); State v. Lindner, 100 Idaho 37 , 592 P.2d 852 (1979) (holding that less restrictive provisions of I.C.R. 41(c) for issuing nighttime search warrants controlled over more restrictive provisions of I.C. § 19-4411); State v. Lewis, 107 Idaho 616 , 691 P.2d 1231 (1984) (adhering to Lindner’s ruling “that I.C.R. 41 would control to the exclusion of I.C. § 19-4411”).

34
State v. Holmangreen
idahoctapp · 1985 · cited in 2 Idaho opinions naming this issue, 2022–2022
2 sentences

2022This rule is the correct standard for analyzing search warrants authorizing nighttime execution, “to the exclusion of I.C. § 19-4411.” Lewis, 107 Idaho at 619 , 691 P.2d at 1234 ; State v. Holman, 109 Idaho 382, 387 , 707 P.2d 493, 498 (Ct. App. 1985).

2022This rule is the correct standard for analyzing search warrants authorizing nighttime execution, “to the exclusion of I.C. § 19-4411.” Lewis, 107 Idaho at 619 , 691 P.2d at 1234 ; State v. Holman, 109 Idaho 382, 387 , 707 P.2d 493, 498 (Ct. App. 1985).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Lewis green
idaho · 1984
2 sentences

2022This rule is the correct standard for analyzing search warrants authorizing nighttime execution, “to the exclusion of I.C. § 19-4411.” Lewis, 107 Idaho at 619 , 691 P.2d at 1234 ; State v. Holman, 109 Idaho 382, 387 , 707 P.2d 493, 498 (Ct. App. 1985).

2022This rule is the correct standard for analyzing search warrants authorizing nighttime execution, “to the exclusion of I.C. § 19-4411.” Lewis, 107 Idaho at 619 , 691 P.2d at 1234 ; State v. Holman, 109 Idaho 382, 387 , 707 P.2d 493, 498 (Ct. App. 1985).

31987–2022
State v. Lindner green
idaho · 1979
2 sentences

2010However, relying on Yoder , the Court stated in a footnote that, “although it is not necessary to our decision, we are persuaded that the rationale of Yoder would necessarily lead to the conclusion that I.C.R. 41 would control to the exclusion of I.C. § 19-4411.” Lindner, 100 Idaho at 42 n. 5, 592 P.2d at 857 n. 5.

2010However, relying on Yoder , the Court stated in a footnote that, “although it is not necessary to our decision, we are persuaded that the rationale of Yoder would necessarily lead to the conclusion that I.C.R. 41 would control to the exclusion of I.C. § 19-4411.” Lindner, 100 Idaho at 42 n. 5, 592 P.2d at 857 n. 5.

31984–2010

Statutes the citing opinions construe

ID § Idaho Code § 19-4411 (6) ID § Idaho Code § 19-4404 (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.

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