warrant and probable-cause requirement (Texas) · Go Syfert
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warrant and probable-cause requirement in Texas

15 Texas opinions name it 3 courts 1989–2017 0 in the last five years

The cases below were cited by Texas 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 (7)

CaseFollowedCited
Griffin v. Wisconsingreen
scotus · 1987 · cited in 11 Texas opinions naming this issue, 1990–2017
2 sentences

2017The “Special Needs” Exception The State is correct that some school searches fall under the special needs exception. 5 Under the special needs exception, a warrantless search is reasonable when “ ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’ ” Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment)).

2017The “Special Needs” Exception The State is correct that some school searches fall under the special needs exception. 5 Under the special needs exception, a warrantless search is reasonable when “ ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’ ” Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment)).

511
Vernonia School District 47J v. Actongreen
scotus · 1995 · cited in 6 Texas opinions naming this issue, 2010–2014
2 sentences

2010Dist. 47J v. Acton, 515 U.S. 646, 653 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995), “a search unsupported by probable cause may be reasonable ‘when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” ’ ” Earls, 536 U.S. at 829 , 122 S.Ct. 2559 (quoting Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring))); see Acton, 515 U.S. at 653 , 115 S.Ct. 2386 .

2010Dist. 47J v. Acton, 515 U.S. 646, 653 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995), “a search unsupported by probable cause may be reasonable ‘when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” ’ ” Earls, 536 U.S. at 829 , 122 S.Ct. 2559 (quoting Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring))); see Acton, 515 U.S. at 653 , 115 S.Ct. 2386 .

46
New Jersey v. T. L. O.green
scotus · 1985 · cited in 7 Texas opinions naming this issue, 1989–2017
2 sentences

2017The “Special Needs” Exception The State is correct that some school searches fall under the special needs exception. 5 Under the special needs exception, a warrantless search is reasonable when “ ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’ ” Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment)).

2017The “Special Needs” Exception The State is correct that some school searches fall under the special needs exception. 5 Under the special needs exception, a warrantless search is reasonable when “ ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’ ” Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring in judgment)).

27
In Re DLCgreen
texapp · 2003 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., In re D.L.C., 124 S.W.3d 354, 370-73 (Tex.App.-Fort Worth 2003, no pet.).

2005See, e.g., In re D.L.C. , 124 S.W.3d 354 , 370 B 73 (Tex. App. C Fort Worth 2003, no pet.).

22
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earlsgreen
scotus · 2002 · cited in 5 Texas opinions naming this issue, 2010–2014
2 sentences

2014No. 92 of Pottawatomie County v. Earl, 536 U.S. 822, 828 (2002) (holding that in the context of safety and administrative regulations, a search unsupported by probable cause may be reasonable when special needs . . . make the warrant and probable-cause requirement impracticable.).

2010Dist. 47J v. Acton, 515 U.S. 646, 653 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995), “a search unsupported by probable cause may be reasonable ‘when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” ’ ” Earls, 536 U.S. at 829 , 122 S.Ct. 2559 (quoting Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987) (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (Blackmun, J., concurring))); see Acton, 515 U.S. at 653 , 115 S.Ct. 2386 .

15
United States v. Anthony Brian Lewisgreen
ca10 · 1995 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See also United States v. Lewis, 71 F.3d 358, 363 (10th Cir.1995) (holding that the warrantless search of the defendant’s residence by parole agents and police acting at the agents’ request did not violate the Fourth Amendment); United States v. Cardona, 903 F.2d 60, 66 (1st Cir.1990) (determining that the arrest of a parolee for parole violations in the absence of a warrant supported by probable cause did not offend the Fourth Amendment when the arresting police officers acted at the request of the parole board).

11
United States v. Edward Cardonagreen
ca1 · 1990 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See also United States v. Lewis, 71 F.3d 358, 363 (10th Cir.1995) (holding that the warrantless search of the defendant’s residence by parole agents and police acting at the agents’ request did not violate the Fourth Amendment); United States v. Cardona, 903 F.2d 60, 66 (1st Cir.1990) (determining that the arrest of a parolee for parole violations in the absence of a warrant supported by probable cause did not offend the Fourth Amendment when the arresting police officers acted at the request of the parole board).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Delaware v. Prouse green
scotus · 1979
2 sentences

2015The United States Supreme Court has "recognized exceptions to this rule, however, “when 'special needs’, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.'" Id. (quoting Griffin v. Wisconsin, 483 U.S. 868, 873 (1987)).

2014The United States Supreme Court has “recognized exceptions to this rule, however, “when ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’” Id. (quoting Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987)).

22014–2015
Morrissey v. Brewer green
scotus · 1972
2 sentences

2000Analogizing the state’s operation of a probation system to its operation of institutions such as schools, government offices, or prisons, where exigencies may justify departure from the warrant and probable cause requirement, the Court observed: To a greater or lesser degree, it is always true of probationers (as we have said it to be true of parolees) that they do not enjoy “the absolute liberty to which every citizen is entitled, but only ... conditional liberty properly dependent on observance of special [probation] restrictions.” Id. (quoting from Morrissey v. Brewer, 408 U.S. 471, 480 , 9

2000Analogizing the state’s operation of a probation system to its operation of institutions such as schools, government offices, or prisons, where exigencies may justify departure from the warrant and probable cause requirement, the Court observed: To a greater or lesser degree, it is always true of probationers (as we have said it to be true of parolees) that they do not enjoy “the absolute liberty to which every citizen is entitled, but only ... conditional liberty properly dependent on observance of special [probation] restrictions.” Id. (quoting from Morrissey v. Brewer, 408 U.S. 471, 480 , 9

21990–2000

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (3) TX § Tex. Transp. Code § 724.011 (3) TX § Tex. Transp. Code § 724.012 (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

VT 18 (1988–2023) CA 18 (1990–2021) TX 15 (1989–2017) NJ 11 (1990–2020) PA 9 (1990–2023) IL 9 (1992–2015) WA 8 (1993–2019) IN 7 (1999–2023) WI 7 (1991–2021) OH 7 (1990–2014) CO 6 (1993–2016) GA 5 (2003–2023) MN 5 (2005–2018) IA 5 (2010–2016) MI 4 (2009–2022) NC 4 (2009–2019) MT 4 (1988–2018) AR 3 (1999–2012) KS 3 (2003–2019) ME 3 (2009–2020) FL 3 (2013–2019) CT 3 (1996–2012) NM 2 (1999–2004) NE 2 (1998–2008) TN 2 (2019–2020) MD 2 (2004–2015) OR 2 (1997–2005) AZ 2 (2004–2004) KY 2 (2006–2023) MA 2 (1990–2003) VA 2 (2006–2016) SC 2 (1997–2007)

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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