theory underlying exception (Indiana) · Go Syfert
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theory underlying exception in Indiana

19 Indiana opinions name it 2 courts 1999–2024 1 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 (4)

CaseFollowedCited
Pinkney v. Stategreen
indctapp · 2001 · cited in 4 Indiana opinions naming this issue, 2003–2019
2 sentences

2019Buckley v. State, 797 N.E.2d 845, 849 (Ind. Ct. App. 2003) (citing Pinkney v. State, 742 N.E.2d 956, 959 (Ind. Ct. App. 2001), trans. denied).

2006Buckley v. State, 797 N.E.2d 845, 849 (Ind.Ct.App.2003) (citing Pinkney v. State, 742 N.E.2d 956, 959 (Ind.Ct.App.2001), trans. denied). *651 When seeking to rely upon consent to justify a warrantless search, the State has the burden of proving that the consent was freely and voluntarily given.

44
Buckley v. Stategreen
indctapp · 2003 · cited in 3 Indiana opinions naming this issue, 2006–2019
2 sentences

2019Buckley v. State, 797 N.E.2d 845, 849 (Ind. Ct. App. 2003) (citing Pinkney v. State, 742 N.E.2d 956, 959 (Ind. Ct. App. 2001), trans. denied).

2017Buckley v. State, 797 N.E.2d 845, 849 (Ind. Ct. App. 2003).

33
Jones v. Stategreen
ind · 1995 · cited in 3 Indiana opinions naming this issue, 1999–2000
2 sentences

2000See Jones v. State, 655 N.E.2d 49, 54 (Ind.1995), reh’g. denied.

1999See Jones v. State, 655 N.E.2d 49, 54 (Ind.1995).

33
Ammons v. Stategreen
indctapp · 2002 · cited in 3 Indiana opinions naming this issue, 2012–2017
2 sentences

2012“The theory underlying this exception is that, when an individual gives the State permission to search either his person or property, the governmental intrusion is presumably reasonable.” Id.

2012“The theory underlying this exception is that, when an individual gives the State permission to search either his person or property, the governmental intrusion is presumably reasonable.” Id.

13

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 (6)

CaseCitedYears
California v. Carney green
scotus · 1985
2 sentences

2024“The theory underlying the exception for vehicles is that the vehicle is ‘being used for transportation.’” Id. at 1286 (quoting Carney, 471 U.S. at 394 , 105 S. Ct. 2066 ).

2024“The theory underlying the exception for vehicles is that the vehicle is ‘being used for transportation.’” Id. at 1286 (quoting Carney, 471 U.S. at 394 , 105 S. Ct. 2066 ).

32010–2024
Melton v. State green
indctapp · 1999
2 sentences

2001Melton, 705 N.E.2d at 566 .

1999Melton, 705 N.E.2d at 566 .

21999–2001
State v. Hobbs green
ind · 2010
1 sentence

2018Court of Appeals of Indiana | Memorandum Decision 49A02-1711-PC-2804 | October 30, 2018 Page 12 of 24 [21] In State v. Hobbs, the case cited by the State in support of admitting the evidence, officers positioned themselves across from a restaurant where officers were aware the defendant, who was wanted on an outstanding felony arrest warrant, was employed. 933 N.E.2d at 1284 .

12018–2018
Navarro v. State green
indctapp · 2006
1 sentence

2014Navarro, 855 N.E.2d at 675 .

12014–2014
Callahan v. State green
indctapp · 1999
1 sentence

2006Id.

12006–2006
Mitchell v. State green
ind · 2001
1 sentence

2002Id.

12002–2002

Statutes the citing opinions construe

IN § Ind. Code § 35-48-4-1 (4)

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 70 (1941–2026) IN 19 (1999–2024) NJ 12 (1955–2025) WA 11 (1925–2026) NY 10 (1937–2002) TX 9 (1966–2017) MT 8 (1925–1998) GA 7 (1940–1999) WI 5 (1989–2013) RI 5 (1971–2005) MD 5 (1984–2012) IL 4 (1980–2026) OH 4 (1975–2016) DC 3 (1978–1994) LA 3 (1934–1962) MA 3 (1975–2001) MI 3 (1986–2019) IA 3 (1930–2017) NH 2 (1988–2002) HI 2 (1952–1996) MO 2 (1999–2005) OK 2 (1938–1954) ME 2 (1978–1979) CT 2 (1942–1993) NC 2 (1974–2005) CO 2 (2020–2021)

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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