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22 Idaho opinions name it 2 courts 1949–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Nix v. Williamsgreen2 sentences2020“The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation.” State v. Russo, 157 Idaho 299, 306 , 336 P.3d 232, 239 (2014) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)). 2020“The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation.” State v. Russo, 157 Idaho 299, 306 , 336 P.3d 232, 239 (2014) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)). | 4 | 6 |
Murray v. United Statesgreen2 sentences2017See, e.g., Mur *721 ray v. United States, 487 U.S. 533, 537 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472, 480 (1988) (describing the independent source doctrine); Nix v. Williams, 467 U.S. 431, 443-44 , 104 S.Ct. 2501, 2508-09 , 81 L.Ed.2d 377, 387-88 (1984) (describing the inevitable discovery doctrine). 2017See, e.g., Mur *721 ray v. United States, 487 U.S. 533, 537 , 108 S.Ct. 2529, 2533 , 101 L.Ed.2d 472, 480 (1988) (describing the independent source doctrine); Nix v. Williams, 467 U.S. 431, 443-44 , 104 S.Ct. 2501, 2508-09 , 81 L.Ed.2d 377, 387-88 (1984) (describing the inevitable discovery doctrine). | 3 | 4 |
State v. Michael Rowe Russogreen2 sentences2020“The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation.” State v. Russo, 157 Idaho 299, 306 , 336 P.3d 232, 239 (2014) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)). 2020“The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation.” State v. Russo, 157 Idaho 299, 306 , 336 P.3d 232, 239 (2014) (quoting Nix v. Williams, 467 U.S. 431, 443 (1984)). | 2 | 3 |
State v. Hoakgreen2 sentences1993This Court recognized the independent source doctrine in State v. Hoak, 107 Idaho 742 , 692 P.2d 1174 (1984). 1993This Court recognized the independent source doctrine in State v. Hoak, 107 Idaho 742 , 692 P.2d 1174 (1984). | 2 | 2 |
State of Florida v. United States Brooks-Scanlon Corporation v. Same. Wilson Lumber Co. Of Florida v. Samegreen2 sentences1989The Supreme Court has written many opinions requiring findings, without any explanation of the source of the requirement; a good example is Florida v. United States, 282 U.S. 194 [ 51 S.Ct. 119 , 75 L.Ed. 291 ] (1931), setting aside an ICC order for lack of findings, because "there should be appropriate findings upon the evidence to support an order" and because "it must appear that there are findings, supported by evidence, of the essential facts," but never saying whether the requirement came from due process, from the Interstate Commerce Act, or from the common law. 282 U.S. at 212 [ 51 S.C 1989The Supreme Court has written many opinions requiring findings, without any explanation of the source of the requirement; a good example is Florida v. United States, 282 U.S. 194 [ 51 S.Ct. 119 , 75 L.Ed. 291 ] (1931), setting aside an ICC order for lack of findings, because "there should be appropriate findings upon the evidence to support an order" and because "it must appear that there are findings, supported by evidence, of the essential facts," but never saying whether the requirement came from due process, from the Interstate Commerce Act, or from the common law. 282 U.S. at 212 [ 51 S.C | 2 | 2 |
State v. Fullergreen1 sentence2021In State v. Fuller, 163 Idaho 585 , 590, 416 P.3d 957, 962 (2018), we held that the State cannot argue a new basis for reasonable suspicion on appeal. | 1 | 1 |
State v. Wolfegreen2 sentences2021In State v. Wolfe, 165 Idaho 338, 342 , 445 P.3d 147, 151 (2019), we held the State cannot argue the independent source doctrine applies for the first time on appeal. 2021In State v. Wolfe, 165 Idaho 338, 342 , 445 P.3d 147, 151 (2019), we held the State cannot argue the independent source doctrine applies for the first time on appeal. | 1 | 1 |
Weil v. . Herringgreen2 sentences2019Although "this Court is not limited by the prosecutor's argument or the absence thereof. ... [i]ssues not raised below will not be considered by this court on appeal, and the parties will be held to the theory upon *151 which the case was presented to the lower court." State v. Cohagan, 162 Idaho 717 , 721, 404 P.3d 659 , 663 (2017) (alteration in original) (internal citation and quotations omitted); see also Weil v. Herring, 207 N.C. 6 , 175 S.E. 836 , 838 (1934) ("[T]he law does not permit parties to swap horses between courts in order to get a better mount in the Supreme Court."). 2019Although "this Court is not limited by the prosecutor's argument or the absence thereof. ... [i]ssues not raised below will not be considered by this court on appeal, and the parties will be held to the theory upon *151 which the case was presented to the lower court." State v. Cohagan, 162 Idaho 717 , 721, 404 P.3d 659 , 663 (2017) (alteration in original) (internal citation and quotations omitted); see also Weil v. Herring, 207 N.C. 6 , 175 S.E. 836 , 838 (1934) ("[T]he law does not permit parties to swap horses between courts in order to get a better mount in the Supreme Court."). | 1 | 1 |
State v. Cookgreen2 sentences2015The Court later expanded on the reasoning of the inevitable discovery doctrine, explaining that it was simply an extrapolation of the independent source doctrine, stating that “since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.” Murray v. United States, 487 U.S. 533, 539 , 108 S.Ct. 2529, 2534 , 101 L.Ed.2d 472, 481-82 (1988); see also State v. Cook, 106 Idaho 209, 222 , 677 P.2d 522, 535 (Ct.App.1984) (Burnett, J., joined by Walters, C.J., specially concurring) (noting that th 2015The Court later expanded on the reasoning of the inevitable discovery doctrine, explaining that it was simply an extrapolation of the independent source doctrine, stating that “since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.” Murray v. United States, 487 U.S. 533, 539 , 108 S.Ct. 2529, 2534 , 101 L.Ed.2d 472, 481-82 (1988); see also State v. Cook, 106 Idaho 209, 222 , 677 P.2d 522, 535 (Ct.App.1984) (Burnett, J., joined by Walters, C.J., specially concurring) (noting that th | 1 | 1 |
State v. Follinusgreen2 sentences1995State v. Follinus, 124 Idaho 26, 28 , 855 P.2d 863, 865 (1993). 1995State v. Follinus, 124 Idaho 26, 28 , 855 P.2d 863, 865 (1993). | 1 | 1 |
State v. Wheatongreen2 sentences1993Finally, that practitioner might then look to the Wheaton case for some “some guidance ... on how one might fully develop an independent state constitutional claim.” Wheaton, 121 Idaho at 407 , 825 P.2d at 504 (Bistline, J., specially concurring). 1993Finally, that practitioner might then look to the Wheaton case for some “some guidance ... on how one might fully develop an independent state constitutional claim.” Wheaton, 121 Idaho at 407 , 825 P.2d at 504 (Bistline, J., specially concurring). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wong Sun v. United States
green
2 sentences1984This broadening of the independent source doctrine is said to have begun in Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963). 1984This broadening of the independent source doctrine is said to have begun in Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963). | 2 | 1984–1984 |
McCoy v. Lyons
green
2 sentences2020This holding is in keeping with our expressed reluctance to “infer knowledge of 10 fraud.” McCoy, 120 Idaho at 773 , 820 P.2d at 368 . 2020This holding is in keeping with our expressed reluctance to “infer knowledge of 10 fraud.” McCoy, 120 Idaho at 773 , 820 P.2d at 368 . | 1 | 2020–2020 |
State v. Matthew Elliot Cohagan
green
2 sentences2019Although "this Court is not limited by the prosecutor's argument or the absence thereof. ... [i]ssues not raised below will not be considered by this court on appeal, and the parties will be held to the theory upon *151 which the case was presented to the lower court." State v. Cohagan, 162 Idaho 717 , 721, 404 P.3d 659 , 663 (2017) (alteration in original) (internal citation and quotations omitted); see also Weil v. Herring, 207 N.C. 6 , 175 S.E. 836 , 838 (1934) ("[T]he law does not permit parties to swap horses between courts in order to get a better mount in the Supreme Court."). 2019Although "this Court is not limited by the prosecutor's argument or the absence thereof. ... [i]ssues not raised below will not be considered by this court on appeal, and the parties will be held to the theory upon *151 which the case was presented to the lower court." State v. Cohagan, 162 Idaho 717 , 721, 404 P.3d 659 , 663 (2017) (alteration in original) (internal citation and quotations omitted); see also Weil v. Herring, 207 N.C. 6 , 175 S.E. 836 , 838 (1934) ("[T]he law does not permit parties to swap horses between courts in order to get a better mount in the Supreme Court."). | 1 | 2019–2019 |
Jones v. Power County
green
2 sentences2004A close reading of Paradis , however, indicates the source of the test as Jones v. Power County, 27 Idaho 656 , 150 P. 35 (1915), where the Court said in discussing general and special laws: A statute is general if its terms apply to, and its provisions operate upon, all persons and subject matters in like situation. ( See DILLON ON MUNICIPAL CORPORATIONS, 5th ed., sec. 142.) The true test seems to be: Is the classification capricious, unreasonable or arbitrary? 2004A close reading of Paradis , however, indicates the source of the test as Jones v. Power County, 27 Idaho 656 , 150 P. 35 (1915), where the Court said in discussing general and special laws: A statute is general if its terms apply to, and its provisions operate upon, all persons and subject matters in like situation. ( See DILLON ON MUNICIPAL CORPORATIONS, 5th ed., sec. 142.) The true test seems to be: Is the classification capricious, unreasonable or arbitrary? | 1 | 2004–2004 |
State v. Arregui
green
2 sentences1993In Hoak , one lonely voice in the wilderness reminded the majority that this Court has an obligation to uphold the independent provisions of our Idaho Constitution, see Justice Herman Taylor’s opinion in State v. Arregui, 44 Idaho 43 , 254 P. 788 (1927), especially in cases where the United States Supreme Court has cut back on the protection afforded by an analogous federal constitutional provision. 1993In Hoak , one lonely voice in the wilderness reminded the majority that this Court has an obligation to uphold the independent provisions of our Idaho Constitution, see Justice Herman Taylor’s opinion in State v. Arregui, 44 Idaho 43 , 254 P. 788 (1927), especially in cases where the United States Supreme Court has cut back on the protection afforded by an analogous federal constitutional provision. | 1 | 1993–1993 |
State v. Guzman
green
2 sentences1993It is clear that the Idaho Constitution in some instances confers broader protections against unreasonable searches and seizures than does the Fourth Amendment as is evidenced by the Court’s well-received re cent opinion in State v. Guzman, 122 Idaho 981 , 842 P.2d 660 (1992) (rejecting a good faith exception to the exclusionary rule under Article 1, § 17), and the cases cited therein. 1993It is clear that the Idaho Constitution in some instances confers broader protections against unreasonable searches and seizures than does the Fourth Amendment as is evidenced by the Court’s well-received re cent opinion in State v. Guzman, 122 Idaho 981 , 842 P.2d 660 (1992) (rejecting a good faith exception to the exclusionary rule under Article 1, § 17), and the cases cited therein. | 1 | 1993–1993 |
Segura v. United States
green
2 sentences1993This criminal cause has brought me to course over the dissenting opinion in State v. Hoak, 107 Idaho 742, 750-67 , 692 P.2d 1174, 1182-89 (1984), which carefully and thoroughly detailed the constitutional fault and factual inapplicability of the so-called independent source doctrine, Segura v. United States, 468 U.S. 796 , 104 S.Ct. 3380 , 82 L.Ed.2d 599 (1984). 1993This criminal cause has brought me to course over the dissenting opinion in State v. Hoak, 107 Idaho 742, 750-67 , 692 P.2d 1174, 1182-89 (1984), which carefully and thoroughly detailed the constitutional fault and factual inapplicability of the so-called independent source doctrine, Segura v. United States, 468 U.S. 796 , 104 S.Ct. 3380 , 82 L.Ed.2d 599 (1984). | 1 | 1993–1993 |
Schmidt v. Bekins Van & Storage Co.
neutral
1 sentence1991In Schmidt , the California court cited 40 Cyc. 458 as the source of the rule: A warehouseman is not entitled to retain mortgaged property to enforce his lien for charges when it was stored in violation of the provisions of the mortgage, without the mortgagee’s consent, and no promise can be implied from the mortgage’s silence. 155 P. at 648 . | 1 | 1991–1991 |
People v. Griffin
green
1 sentence1987State v. Hoak, supra. Accord, People v. Griffin, 727 P.2d 55 (Colo.1986). | 1 | 1987–1987 |
Nicholson v. Walker
neutral
1 sentence1949And he may show the source of his claim to the right of possession: Nicholson v. Walker, 4 Ill.App. 404 . | 1 | 1949–1949 |
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.