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18 Iowa opinions name it 2 courts 2002–2024 6 in the last five years
The cases below were cited by Iowa 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 |
|---|---|---|
Johnson v. Zerbstgreen2 sentences2021Schneckloth does not require the state to show a knowing and voluntary waiver of search and seizure rights under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S. Ct. 1019, 1023 (1938), but instead permits consideration of factors not related to the consent issue at all, which does not make any sense except to permit searches or seizures that are not knowing and voluntary and not 50 supported by a warrant. 2021Schneckloth does not require the state to show a knowing and voluntary waiver of search and seizure rights under Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S. Ct. 1019, 1023 (1938), but instead permits consideration of factors not related to the consent issue at all, which does not make any sense except to permit searches or seizures that are not knowing and voluntary and not 50 supported by a warrant. | 3 | 4 |
State v. Strawgreen2 sentences2014See Feregrino, 756 N.W.2d at 708; State v. Straw, 709 N.W.2d 128, 137-38 (Iowa 2006). 2008Straw, 709 N.W.2d at 137-38 ; Stallings, 658 N.W.2d at 112 . | 1 | 3 |
State v. Cooleygreen1 sentence2024See State v. Cooley, 587 N.W.2d 752, 754 (Iowa 1998) (“It strikes us as exceedingly unfair to urge that a defendant, on the threshold of being sentenced, must question the court’s exercise of discretion or forever waive the right to assign the error on appeal.”); see also State v. Allen, No. 23-0152, 2023 WL 8069210 , at *4 (Iowa Ct. App. Nov. 21, 2023) (reversing for resentencing without requiring the defendant to preserve error where record did not include a knowing and voluntary waiver of the use of a validated risk assessment.). | 1 | 1 |
State v. Martingreen1 sentence2019See State v. Martin, 608 N.W.2d 445, 450 (Iowa 2000) (suggesting courts use a colloquy found in the federal judges’ bench book to make sure the waiver is knowing, intelligent, and voluntary). | 1 | 1 |
State v. Paytongreen1 sentence2018Id. at 328-29 (citations omitted). 6 Here, the totality of the circumstances demonstrate that Morales made a knowing and voluntary waiver of his rights. | 1 | 1 |
State v. Dowisgreen1 sentence2016State v. Dowis, 224 N.W.2d 467, 469 (Iowa 1974). | 1 | 1 |
State v. McAllistergreen1 sentence2013Ct. App. 1983); State v. McAllister, 875 A.2d 866, 875 (N.J. 2005); Commonwealth v. DeJohn, 403 A.2d 1283 , 1289–90 (Pa. 1979); State v. 88 random road blocks as part of an effort to alleviate drunk driving run afoul of search and seizure principles,39 whether a seizure requires a show of authority or whether a reasonable belief that one is not free to leave is sufficient, 40 whether a valid consent search requires a knowing and voluntary waiver, 41 the scope of permissible searches pursuant to a traffic stop, 42 the extent and scope of the curtilage, 43 and the validity and scope of reasonabl | 1 | 1 |
Michigan Department of State Police v. Sitzgreen2 sentences2013Safety, 519 N.W.2d 183, 187 (Minn. 1994); see also State v. Henderson, 756 P.2d 1057, 1063 (Idaho 1988) (invalidating sobriety checkpoint where police lack express legislative authority, particularized suspicion, and judicial approval on state constitutional grounds prior to United States Supreme Court’s decision to uphold them on a general reasonableness standard in Michigan Department of State Police v. Sitz, 496 U.S. 444 , 110 S. Ct. 2481 , 110 L. 2013Safety, 519 N.W.2d 183, 187 (Minn. 1994); see also State v. Henderson, 756 P.2d 1057, 1063 (Idaho 1988) (invalidating sobriety checkpoint where police lack express legislative authority, particularized suspicion, and judicial approval on state constitutional grounds prior to United States Supreme Court’s decision to uphold them on a general reasonableness standard in Michigan Department of State Police v. Sitz, 496 U.S. 444 , 110 S. Ct. 2481 , 110 L. | 1 | 1 |
State v. Hendersongreen1 sentence2013Safety, 519 N.W.2d 183, 187 (Minn. 1994); see also State v. Henderson, 756 P.2d 1057, 1063 (Idaho 1988) (invalidating sobriety checkpoint where police lack express legislative authority, particularized suspicion, and judicial approval on state constitutional grounds prior to United States Supreme Court’s decision to uphold them on a general reasonableness standard in Michigan Department of State Police v. Sitz, 496 U.S. 444 , 110 S. Ct. 2481 , 110 L. | 1 | 1 |
State v. Thompsongreen1 sentence2013Ct. App. 1983); State v. McAllister, 875 A.2d 866, 875 (N.J. 2005); Commonwealth v. DeJohn, 403 A.2d 1283 , 1289–90 (Pa. 1979); State v. 88 random road blocks as part of an effort to alleviate drunk driving run afoul of search and seizure principles,39 whether a seizure requires a show of authority or whether a reasonable belief that one is not free to leave is sufficient, 40 whether a valid consent search requires a knowing and voluntary waiver, 41 the scope of permissible searches pursuant to a traffic stop, 42 the extent and scope of the curtilage, 43 and the validity and scope of reasonabl | 1 | 1 |
Ascher v. Commissioner of Public Safetygreen1 sentence2013Safety, 519 N.W.2d 183, 187 (Minn. 1994); see also State v. Henderson, 756 P.2d 1057, 1063 (Idaho 1988) (invalidating sobriety checkpoint where police lack express legislative authority, particularized suspicion, and judicial approval on state constitutional grounds prior to United States Supreme Court’s decision to uphold them on a general reasonableness standard in Michigan Department of State Police v. Sitz, 496 U.S. 444 , 110 S. Ct. 2481 , 110 L. | 1 | 1 |
Sitz v. Department of State Policegreen1 sentence2013Ct. App. 1983); State v. McAllister, 875 A.2d 866, 875 (N.J. 2005); Commonwealth v. DeJohn, 403 A.2d 1283 , 1289–90 (Pa. 1979); State v. 88 random road blocks as part of an effort to alleviate drunk driving run afoul of search and seizure principles,39 whether a seizure requires a show of authority or whether a reasonable belief that one is not free to leave is sufficient, 40 whether a valid consent search requires a knowing and voluntary waiver, 41 the scope of permissible searches pursuant to a traffic stop, 42 the extent and scope of the curtilage, 43 and the validity and scope of reasonabl | 1 | 1 |
State v. Browngreen2 sentences2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( 2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( | 1 | 1 |
State v. Ferriergreen2 sentences2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( 2011See, e.g., State v. Brown, 156 S.W.3d 722 , 731–32 (Ark. 2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So. 2d 547, 551 (Miss. 1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 346 A.2d 66, 68 (N.J. 1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 960 P.2d 927 , 932–33 (Wash. 1998) (stating that, under | 1 | 1 |
State v. Johnsongreen2 sentences2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( 2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( | 1 | 1 |
Penick v. Stategreen2 sentences2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( 2011See, e.g., State v. Brown, 156 S.W.3d 722 , 731–32 (Ark. 2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So. 2d 547, 551 (Miss. 1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 346 A.2d 66, 68 (N.J. 1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 960 P.2d 927 , 932–33 (Wash. 1998) (stating that, under | 1 | 1 |
State v. Washingtongreen1 sentence2002State v. Donelson, 302 N.W.2d 125, 132 (Iowa 1981); State v. Washington, 257 N.W.2d 890, 895 (Iowa 1977). | 1 | 1 |
State v. Donelsongreen1 sentence2002State v. Donelson, 302 N.W.2d 125, 132 (Iowa 1981); State v. Washington, 257 N.W.2d 890, 895 (Iowa 1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of Iowa v. Randall Lee Pals
green
2 sentences2022More recently in State v. Pals, a majority of our court criticized the federal approach to consensual searches, noting four states have adopted a heightened knowing-and-voluntary standard to analyze the voluntariness of an individual’s consent and “[t]he academic commentary on [the federal approach] has been generally unfavorable.” 805 N.W.2d at 779 , 781–82. 2022Yet, we declared, “An evaluation of such a per se requirement that police advise an individual of his or her right to decline to consent to a search . . . is reserved for another day.” Id. at 782 . | 4 | 2012–2022 |
State v. Stallings
green
2 sentences2008Straw, 709 N.W.2d at 137-38 ; Stallings, 658 N.W.2d at 112 . 2008Straw, 709 N.W.2d at 137–38; Stallings, 658 N.W.2d at 112 . | 2 | 2008–2008 |
Howell v. State
green
1 sentence2022Id. | 1 | 2022–2022 |
Commonwealth v. DeJohn
green
1 sentence2013Ct. App. 1983); State v. McAllister, 875 A.2d 866, 875 (N.J. 2005); Commonwealth v. DeJohn, 403 A.2d 1283 , 1289–90 (Pa. 1979); State v. 88 random road blocks as part of an effort to alleviate drunk driving run afoul of search and seizure principles,39 whether a seizure requires a show of authority or whether a reasonable belief that one is not free to leave is sufficient, 40 whether a valid consent search requires a knowing and voluntary waiver, 41 the scope of permissible searches pursuant to a traffic stop, 42 the extent and scope of the curtilage, 43 and the validity and scope of reasonabl | 1 | 2013–2013 |
State v. Ferrier
green
1 sentence2011See, e.g., State v. Brown, 356 Ark. 460 , 156 S.W.3d 722, 731-32 (2004) (concluding that officers performing knock-and-talk procedure must inform the subject of his or her right to refuse consent to the search); Penick v. State, 440 So.2d 547, 551 (Miss.1983) (holding the voluntariness requirement requires a showing that the defendant knew of his or her right to refuse); State v. Johnson, 68 N.J. 349 , 346 A.2d 66, 68 (1975) (holding individual must have knowledge of right to refuse consent in order for consent to be deemed voluntary); State v. Ferrier, 136 Wash.2d 103 , 960 P.2d 927, 932-33 ( | 1 | 2011–2011 |
Schneckloth v. Bustamonte
green
2 sentences2011Id. at 235, 93 S.Ct. at 2051-52 , 36 L.Ed.2d at 867 . 2011Id. at 235, 93 S.Ct. at 2051-52 , 36 L.Ed.2d at 867 . | 1 | 2011–2011 |
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.
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.