particularity requirement (Indiana) · Go Syfert
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particularity requirement in Indiana

23 Indiana opinions name it 2 courts 1984–2026 4 in the last five years

The cases below were cited by Indiana 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 (16)

CaseFollowedCited
Lee v. Stategreen
indctapp · 1999 · cited in 3 Indiana opinions naming this issue, 2002–2020
2 sentences

2020Lee v. State, 715 N.E.2d 1289, 1290 (Ind. Ct. App. 1999).

2017Lee v. State, 715 N.E.2d 1289, 1290 (Ind. Ct. App. 1999).

33
State v. Dyegreen
kan · 1992 · cited in 2 Indiana opinions naming this issue, 2004–2026
2 sentences

2026Dost v. State, 812 N.E.2d 232, 237 (Ind. Ct. App. 2004) (concluding that with respect to the particularity requirement of the Fourth Amendment, “[t]he test is for practical accuracy, and common sense should prevail over hypertechnicality”) (quoting State v. Dye, 826 P.2d 500, 506 (Kan. 1992)).

2004See Gitcho and Dye, supra. Under the cireumstances facing us here, we agree with the Kansas supreme court that when determining a warrant's compliance with the particularity requirement of the Fourth Amendment, "[the test is for practical accuracy,' and common sense should prevail over hypertechnicality" Dye, 826 P2d at 506 .

22
Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. Walgreen Co.green
ca7 · 2011 · cited in 2 Indiana opinions naming this issue, 2015–2015
2 sentences

2015Benefits Trust v. Walgreen Co., 631 F.3d 436, 441 (7th Cir.2011).

2015Benefits Trust v. Walgreen Co., 631 F.3d 436, 441 (7th Cir. 2011).

22
Membres v. Stategreen
ind · 2008 · cited in 3 Indiana opinions naming this issue, 2018–2025
2 sentences

2025The purpose of the particularity requirement is to assure that law enforcement officers “do not have ‘unbridled discretion’ to rummage through people’s belongings.” Membres v. State, 889 N.E.2d 265, 276 (Ind. 2008) (quoting Warren v. State, 760 N.E.2d 608, 610 (Ind. 2002)).

2019Moreover, to satisfy the particularity requirement, it is permissible if a warrant incorporates by reference certain supporting documents-such as the probable cause affidavit-that collectively "serv[e] to identify the scope of ... items that could properly be seized." Membres v. State , 889 N.E.2d 265 , 276 (Ind. 2008). [39] After re-seizing Price's cellphone, Detective Richhart instructed another officer, Detective Larry Sanders (Detective Sanders) to obtain a warrant.

13
In Re Wthr-Tvgreen
ind · 1998 · cited in 3 Indiana opinions naming this issue, 2004–2015
2 sentences

2015In In re WTHR, the Court wrote: Although described as the particularity requirement, in reality this test also smuggled in the commonsensical elements of a showing that the information is not readily available elsewhere (the "degree of discovery of other items of information” in Dillard) and that the party seeking it is not engaged in a fishing expedition with no focused idea of the size, species, or edibility of the fish. 693 N.E.2d at 7 ; see also Crawford v. State, 948 N.E.2d 1165, 1168 (Ind.2011) (“In general, the particularity requirement demands something more precise than give me everyt

2011Id. at 9 .

13
Dost v. Stategreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Dost v. State, 812 N.E.2d 232, 237 (Ind. Ct. App. 2004) (concluding that with respect to the particularity requirement of the Fourth Amendment, “[t]he test is for practical accuracy, and common sense should prevail over hypertechnicality”) (quoting State v. Dye, 826 P.2d 500, 506 (Kan. 1992)).

11
Warren v. Stategreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025The purpose of the particularity requirement is to assure that law enforcement officers “do not have ‘unbridled discretion’ to rummage through people’s belongings.” Membres v. State, 889 N.E.2d 265, 276 (Ind. 2008) (quoting Warren v. State, 760 N.E.2d 608, 610 (Ind. 2002)).

11
Kevin Shawn Carter v. State of Indianagreen
indctapp · 2018 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024According to the Fourth Amendment, search warrants must “particularly describ[e] the place to be searched, and the persons or things to be seized.” “Although the warrant must describe ‘with some specificity’ where officers are to search and what they are to seize, there is no requirement that there be an exact description.” Carter, 105 N.E.3d at 1129 (quotation omitted).

11
State v. Foygreen
indctapp · 2007 · cited in 1 Indiana opinions naming this issue, 2023–2023
1 sentence

2023State v. Foy, 862 N.E.2d 1219, 1227 (Ind. Ct. App. 2007), trans. denied.

11
Meghan E. Price v. State of Indianagreen
indctapp · 2019 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Price v. State, 119 N.E.3d 212, 224 (Ind. Ct. App. 2019) (cleaned up), trans. denied. [37] Albrecht argues that Search Warrant 857 did not meet the particularity requirement because it did “not contain language specifying what type of content and data” that the police could search within Albrecht’s hard drive and cell phone.

11
Crawford v. Stategreen
ind · 2011 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015In In re WTHR, the Court wrote: Although described as the particularity requirement, in reality this test also smuggled in the commonsensical elements of a showing that the information is not readily available elsewhere (the "degree of discovery of other items of information” in Dillard) and that the party seeking it is not engaged in a fishing expedition with no focused idea of the size, species, or edibility of the fish. 693 N.E.2d at 7 ; see also Crawford v. State, 948 N.E.2d 1165, 1168 (Ind.2011) (“In general, the particularity requirement demands something more precise than give me everyt

11
Terre Haute Regional Hospital, Inc. v. Truebloodgreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011But “[o]ur standard of review in discovery matters is limited to determining whether the trial court abused its discretion.” Terre Haute Reg’l Hosp., Inc. v. Trueblood, 600 N.E.2d 1358, 1362 (Ind.1992) (citing Dogal v. Cruse, 267 Ind. 83, 88-89 , 368 N.E.2d 235, 238 (1977)).

11
Logal v. Crusegreen
ind · 1977 · cited in 1 Indiana opinions naming this issue, 2011–2011
2 sentences

2011But “[o]ur standard of review in discovery matters is limited to determining whether the trial court abused its discretion.” Terre Haute Reg’l Hosp., Inc. v. Trueblood, 600 N.E.2d 1358, 1362 (Ind.1992) (citing Dogal v. Cruse, 267 Ind. 83, 88-89 , 368 N.E.2d 235, 238 (1977)).

2011But “[o]ur standard of review in discovery matters is limited to determining whether the trial court abused its discretion.” Terre Haute Reg’l Hosp., Inc. v. Trueblood, 600 N.E.2d 1358, 1362 (Ind.1992) (citing Dogal v. Cruse, 267 Ind. 83, 88-89 , 368 N.E.2d 235, 238 (1977)).

11
Dillard v. Stategreen
ind · 1971 · cited in 1 Indiana opinions naming this issue, 2011–2011
2 sentences

2011We recognize that the particularity requirement is not to be “construed strictly against the defendant but should be administered so as to maximize pretrial discovery and the benefits to the judicial system which flow therefrom.” Dillard, 257 Ind. at 291 , 274 N.E.2d at 392 (citation omitted).

2011We recognize that the particularity requirement is not to be “construed strictly against the defendant but should be administered so as to maximize pretrial discovery and the benefits to the judicial system which flow therefrom.” Dillard, 257 Ind. at 291 , 274 N.E.2d at 392 (citation omitted).

11
Hester v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009In Hester v. State, this Court held that the following language used in the search warrant failed to meet the particularity requirement: "Any and all property which may have been the subject of Theft or Burglary occurring in Union Township, Johnson County, Indiana from the residences of ..." 551 N.E.2d 1187, 1190 (Ind.Ct.App.1990).

11
Green v. Stategreen
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999Green v. State, 676 N.E.2d 755, 757 (Ind.Ct.App.1996), tra ns. denied, 683 N.E.2d 589 (Ind.1997).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Maryland v. Garrison green
scotus · 1987
2 sentences

2018This particularity requirement "ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit." Maryland v. Garrison , 480 U.S. 79 , 84, 107 S.Ct. 1013 , 94 L.Ed.2d 72 (1987).

2018This particularity requirement "ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit." Maryland v. Garrison , 480 U.S. 79 , 84, 107 S.Ct. 1013 , 94 L.Ed.2d 72 (1987).

21993–2018
United States v. Edward Bishop green
ca7 · 2018
1 sentence

2024The United States Court of Appeals for the Seventh Circuit addressed whether a warrant to search a cell phone violated the Fourth Amendment’s particularity requirement in United States v. Bishop, 910 F.3d 335 (7th Cir. 2018), cert. denied.

12024–2024
Fisher v. United States green
scotus · 1976
2 sentences

2018So long as the State already knows with reasonable particularity the documents or evidence it seeks, the *433 surrender of the evidence "adds little or nothing to the sum total of the Government's information." Fisher , 425 U.S. at 411 , 96 S.Ct. 1569 .

2018So long as the State already knows with reasonable particularity the documents or evidence it seeks, the *433 surrender of the evidence "adds little or nothing to the sum total of the Government's information." Fisher , 425 U.S. at 411 , 96 S.Ct. 1569 .

12018–2018
Coolidge v. New Hampshire green
scotus · 1971
2 sentences

2018Indeed, the requirement aims to prevent "a general, exploratory rummaging in a person's belongings." Coolidge v. New Hampshire , 403 U.S. 443 , 467, 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971). [20] Although the warrant must describe "with some specificity" where officers are to search and what they are to seize, "there is no requirement that there be an exact description." Overstreet v. State , 783 N.E.2d 1140 , 1158 (Ind. 2003).

2018Indeed, the requirement aims to prevent "a general, exploratory rummaging in a person's belongings." Coolidge v. New Hampshire , 403 U.S. 443 , 467, 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971). [20] Although the warrant must describe "with some specificity" where officers are to search and what they are to seize, "there is no requirement that there be an exact description." Overstreet v. State , 783 N.E.2d 1140 , 1158 (Ind. 2003).

12018–2018
Overstreet v. State green
ind · 2003
1 sentence

2018Indeed, the requirement aims to prevent "a general, exploratory rummaging in a person's belongings." Coolidge v. New Hampshire , 403 U.S. 443 , 467, 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971). [20] Although the warrant must describe "with some specificity" where officers are to search and what they are to seize, "there is no requirement that there be an exact description." Overstreet v. State , 783 N.E.2d 1140 , 1158 (Ind. 2003).

12018–2018
United States v. Glen Shoffner, Richard Henry Fiedler, and Leonard Michael Stange, Defendants green
ca7 · 1987
1 sentence

2009Id. at 630 .

12009–2009
United States v. Atwell green
pawd · 2003
1 sentence

2007U.S. v. Atwell, 289 F.Supp.2d 629 .

12007–2007
Layman v. State green
indctapp · 1980
1 sentence

1984Layman v. State, (1980) Ind.App., 407 N.E.2d 259 , trans. denied.

11984–1984

Statutes the citing opinions construe

IN § Ind. Code § 35-33-5-2 (5) IN § Ind. Code § 35-50-2-8 (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

CA 108 (1925–2026) WA 73 (1980–2025) NC 72 (1972–2026) OH 71 (1987–2026) TX 63 (1991–2026) OR 53 (1979–2026) PA 49 (1982–2026) FL 48 (1983–2024) DE 47 (1990–2026) NY 43 (1985–2025) MA 42 (1976–2026) WI 37 (1975–2025) GA 35 (1907–2026) MI 33 (1988–2026) CO 29 (1982–2026) TN 25 (1998–2021) IL 24 (1978–2025) MD 23 (1983–2024) IN 23 (1984–2026) CT 23 (1986–2026) MO 21 (1980–2021) NJ 20 (1976–2026) MN 20 (1989–2026) UT 19 (1990–2026) NM 18 (1960–2025) LA 17 (1977–2020) IA 17 (1981–2025) KS 16 (1992–2026) ID 13 (1987–2017) ND 13 (1984–2021) AZ 13 (1985–2022) RI 11 (1983–2023) AL 10 (1985–2018) HI 9 (1980–2020) MT 9 (1991–2021) AK 8 (1973–2025) VA 8 (1992–2026) NE 8 (2014–2025) WY 6 (1974–2025) KY 6 (2007–2015) NV 5 (2015–2025) NH 5 (1990–2019) SC 5 (2005–2023) OK 5 (1990–2015) VI 4 (1980–2026) DC 4 (1992–2026) VT 4 (1985–2024) AR 3 (2019–2026) WV 3 (1988–2026) MS 3 (2011–2020) SD 2 (2000–2008) ME 2 (2020–2022)

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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