State to prove exception (Indiana) · Go Syfert
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State to prove exception in Indiana

16 Indiana opinions name it 2 courts 1989–2019 0 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 (5)

CaseFollowedCited
White v. Stategreen
ind · 2002 · cited in 3 Indiana opinions naming this issue, 2006–2019
2 sentences

2019White v. State, 772 N.E.2d 408, 411 (Ind. 2002).

2013Holder, 847 N.E.2d at 935 (quoting White v. State, 772 N.E.2d 408, 411 (Ind. 2002)).

33
Jackson v. Stategreen
indctapp · 1981 · cited in 3 Indiana opinions naming this issue, 1991–2017
2 sentences

2017See Jackson, 420 N.E.2d at 1242 : Knecht’s argument on this point fails. 5 III.

1995Ashba, 570 N.E.2d at 940 ; Jackson, 420 N.E.2d at 1241, 1242 ; Henderson v. State (1989), Ind., 544 N.E.2d 507, 512 .

23
Jaynes v. Stategreen
indctapp · 1982 · cited in 2 Indiana opinions naming this issue, 1989–2014
2 sentences

1989However, "the burden of proof in probation revocation proceedings is upon the State to prove the violation of a condition of probation by a preponderance of the evidence." Ind.Code 35-7-2-2(d); Jaynes v. State (1982), Ind.App., 437 N.E.2d 137, 139 .

1989However, "the burden of proof in probation revocation proceedings is upon the State to prove the violation of a condition of probation by a preponderance of the evidence." Ind. Code 35-7-2-2(d); Jaynes v. State (1982), Ind. App., 437 N.E.2d 137, 139 .

12
Kevin M. Clark v. State of Indianagreen
ind · 2013 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019“Consensual encounters in which a citizen voluntarily interacts with an officer do not compel Fourth Amendment analysis.” Clark v. State, 994 N.E.2d 252, 261 (Ind. 2013).

11
Francis v. Stategreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2013–2013
2 sentences

2013See Francis v. State, 764 N.E.2d 641, 647 (Ind. Ct. App. 2002). 4 without a warrant requires the State to prove an exception to the warrant requirement applicable at the time of the search.

2013Id.

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 (4)

CaseCitedYears
Katz v. United States green
scotus · 1967
2 sentences

2016Id. [21] A search falls within the automobile exception when a vehicle is readily mobile and there is probable cause to believe it contains contraband or evidence of a crime.

2015Id. [12] Killebrew acknowledges that Officer Carson saw the handgun between the driver’s seat and the console without conducting a search, but argues that the guns in the glove box and the heroin were not discovered until Officer Trotter leaned into the truck and conducted his search.

52013–2016
Holder v. State green
ind · 2006
2 sentences

2019“A search without a warrant requires the State to prove an exception to the warrant requirement applicable at the time of the search.” Holder, 847 N.E.2d at 935 . [10] Not all encounters between police and individuals implicate Fourth Amendment protections.

2007“A search without a warrant requires the State to prove an exception to the warrant requirement applicable at the time of the search.” Holder, 847 N.E.2d at 936 .

32007–2019
Henderson v. State green
ind · 1989
1 sentence

1995Ashba, 570 N.E.2d at 940 ; Jackson, 420 N.E.2d at 1241, 1242 ; Henderson v. State (1989), Ind., 544 N.E.2d 507, 512 .

11995–1995
Ashba v. State green
indctapp · 1991
1 sentence

1995Ashba, 570 N.E.2d at 940 ; Jackson, 420 N.E.2d at 1241, 1242 ; Henderson v. State (1989), Ind., 544 N.E.2d 507, 512 .

11995–1995

Statutes the citing opinions construe

IN § Ind. Code § 35-38-2-3 (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

AR 39 (1984–2026) IN 16 (1989–2019) TX 14 (1975–2025) WI 10 (2006–2024) WA 9 (1985–2021) CT 8 (1970–1994) FL 8 (1981–2020) IL 7 (1973–2023) WV 5 (1982–2016) OH 4 (2005–2021) GA 4 (1913–2012) SD 3 (1982–2009) TN 2 (2001–2002) UT 2 (1985–2014) MT 2 (2010–2010) MD 2 (1988–1992)

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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