Fourth Amendment violation (Iowa) · Go Syfert
← Iowa issues

Fourth Amendment violation in Iowa

100 Iowa opinions name it 2 courts 1969–2026 21 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.

Followed or applied (65)

CaseFollowedCited
United States v. Jonesgreen
scotus · 2012 · cited in 6 Iowa opinions naming this issue, 2021–2024
2 sentences

2024Iowa 2023) (granting motion to suppress and holding that canine’s actions of “insert[ing] his head into the open window of [a] vehicle” as the dog hung on the side of the car door to sniff for drugs was “[t]he same conduct” of “physically occup[ying] private property for the purpose of obtaining information” that oc- curred in Jones and noting that prior cases that “found no Fourth Amendment violation when a drug-sniffing dog breaks the plane of an open window . . . were largely prior to Jones and Jardines” (third quoting Jones, 565 U.S. at 404 )); State v. Dorff, 526 P.3d 988 , 998-99 (Idaho

2024Id. at 404. 11 Jones did link its Fourth Amendment analysis to common law concepts of trespass.

66
Whren v. United Statesgreen
scotus · 1996 · cited in 7 Iowa opinions naming this issue, 1996–2026
2 sentences

2026Because we apply an objective standard in determining whether an exception to the warrant requirement applies, an officer’s “subjective motivations for conducting the search are irrelevant.” Scullark, 23 N.W.3d at 54; see also Whren v. United States, 517 U.S. 806, 813 (1996) (“Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.”).

2022An officer’s “[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.” Whren v. United States, 517 U.S. 806, 813 (1996).

47
Maryland v. MacOngreen
scotus · 1985 · cited in 4 Iowa opinions naming this issue, 2001–2017
2 sentences

2017See State v. Kubit, 627 N.W.2d 914 , 918–19 (Iowa 2001) (“Whether a Fourth Amendment violation has occurred turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time and not on the officer’s actual state of mind . . . .” (quoting Maryland v. Macon, 472 U.S. 463, 470 (1985))), abrogated on other grounds by State v. Turner, 630 N.W.2d 601 (Iowa 2001).

2017See State v. Kubit, 627 N.W.2d 914 , 918–19 (Iowa 2001) (“Whether a Fourth Amendment violation has occurred turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time and not on the officer’s actual state of mind . . . .” (quoting Maryland v. Macon, 472 U.S. 463, 470 (1985))), abrogated on other grounds by State v. Turner, 630 N.W.2d 601 (Iowa 2001).

44
State v. Edgingtongreen
iowa · 1992 · cited in 4 Iowa opinions naming this issue, 1995–2020
2 sentences

2020The trial court denied Domenig’s motion to suppress, concluding the search fell under the automobile exception to the warrant requirement. “[T]he automobile exception to the fourth amendment requirement of a search warrant is applicable if probable cause and exigent circumstances exist at the time the automobile is 3 stopped by police.” State v. Edgington, 487 N.W.2d 675, 678 (Iowa 1992).

2008See Edgington, 487 N.W.2d at 677-78 (“Previously, we have stated that the automobile exception to the fourth amendment requirement of a search warrant is applicable if probable cause and exigent circumstances exist at the time the automobile is stopped by police.”); Holderness, 301 N.W.2d at 736-37 (“[EJxigent circumstances are necessary only initially; the absence of exigent circumstances at the time of the actual search is irrelevant.”); see also State v. Olsen, 293 N.W.2d 216, 220 (Iowa 1980) (“It is now *797 clear that the absence of exigent circumstances for the later search is wholly irr

34
State v. Breuergreen
iowa · 1998 · cited in 4 Iowa opinions naming this issue, 2001–2015
2 sentences

2003In State v. Breuer, 577 N.W.2d 41, 42 (Iowa 1998), we considered whether the defendant had a legitimate expectation of privacy in the stairway/hallway "leading from the outer door of [his] apartment building to his upstairs apartment door” as part of our broader analysis of the defendant’s Fourth Amendment claim.

2003In State v. Breuer, 577 N.W.2d 41, 42 (Iowa 1998), we considered whether the defendant had a legitimate expectation of privacy in the stairway/hallway "leading from the outer door of [his] apartment building to his upstairs apartment door” as part of our broader analysis of the defendant’s Fourth Amendment claim.

34
Florida v. Jardinesgreen
scotus · 2013 · cited in 3 Iowa opinions naming this issue, 2024–2024
2 sentences

2024In siding with cases finding a Fourth Amendment violation, the Florida Supreme Court concluded that a dog sniff at a person’s front door “does not only reveal the presence of contraband, as was the case in the federal ‘sui generis’ dog sniff cases discussed above, but it also constitutes an intrusive procedure that may expose the resident to public opprobrium, humiliation and embarrassment, and it raises the specter of arbitrary and discriminatory application.” Id. at 49 (majority opinion) (“Given the special status accorded a citizen’s home under the Fourth Amendment, we conclude that a ‘snif

2024In siding with cases finding a Fourth Amendment violation, the Florida Supreme Court concluded that a dog sniff at a person’s front door “does not only reveal the presence of contraband, as was the case in the federal ‘sui generis’ dog sniff cases discussed above, but it also constitutes an intrusive procedure that may expose the resident to public opprobrium, humiliation and embarrassment, and it raises the specter of arbitrary and discriminatory application.” Id. at 49 (majority opinion) (“Given the special status accorded a citizen’s home under the Fourth Amendment, we conclude that a ‘snif

33
State of Iowa v. Justin Dean Shortgreen
iowa · 2014 · cited in 3 Iowa opinions naming this issue, 2021–2021
2 sentences

2021See Short, 851 N.W.2d at 500 .

2021See Short, 851 N.W.2d at 500 .

33
State v. Hillgreen
me · 1992 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (‘‘[A] police officer’s brief detention of a driver to run a status check on the driver's license, after making a valid, lawful contact with the driver, is reasonable for purposes of the fourth amendment.”); State v. Hill, 606 A.2d 793, 795 (Me. 1992) (determining after valid

2017Vance did not decide the issue and did not have the guidance of Rodriguez, which was decided five years later. 10See e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (“[A] police officer’s brief detention of a driver to run a status check on the driver’s license, after making a valid, lawful contact with the driver, is reasonable

33
State v. Godwingreen
idaho · 1992 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (‘‘[A] police officer’s brief detention of a driver to run a status check on the driver's license, after making a valid, lawful contact with the driver, is reasonable for purposes of the fourth amendment.”); State v. Hill, 606 A.2d 793, 795 (Me. 1992) (determining after valid

2017Vance did not decide the issue and did not have the guidance of Rodriguez, which was decided five years later. 10See e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (“[A] police officer’s brief detention of a driver to run a status check on the driver’s license, after making a valid, lawful contact with the driver, is reasonable

33
State v. Kubitgreen
iowa · 2001 · cited in 3 Iowa opinions naming this issue, 2008–2017
2 sentences

2017See State v. Kubit, 627 N.W.2d 914 , 918–19 (Iowa 2001) (“Whether a Fourth Amendment violation has occurred turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time and not on the officer’s actual state of mind . . . .” (quoting Maryland v. Macon, 472 U.S. 463, 470 (1985))), abrogated on other grounds by State v. Turner, 630 N.W.2d 601 (Iowa 2001).

2017See State v. Kubit, 627 N.W.2d 914 , 918–19 (Iowa 2001) (“Whether a Fourth Amendment violation has occurred turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time and not on the officer’s actual state of mind . . . .” (quoting Maryland v. Macon, 472 U.S. 463, 470 (1985))), abrogated on other grounds by State v. Turner, 630 N.W.2d 601 (Iowa 2001).

33
Hart v. Stategreen
texapp · 2007 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (‘‘[A] police officer’s brief detention of a driver to run a status check on the driver's license, after making a valid, lawful contact with the driver, is reasonable for purposes of the fourth amendment.”); State v. Hill, 606 A.2d 793, 795 (Me. 1992) (determining after valid

2017Vance did not decide the issue and did not have the guidance of Rodriguez, which was decided five years later. 10See e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (“[A] police officer’s brief detention of a driver to run a status check on the driver’s license, after making a valid, lawful contact with the driver, is reasonable

33
United States v. Fullergreen
mied · 2015 · cited in 3 Iowa opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., United States v. Fuller, 120 F. Supp. 3d 669 , 681–82, 685 (E.D.

2017See, e.g., United States v. Fuller, 120 F. Supp. 3d 669 , 681–82, 685 (E.D.

33
State v. Brooksgreen
iowa · 2009 · cited in 3 Iowa opinions naming this issue, 2015–2015
2 sentences

2015State v. Brooks, 760 N.W.2d 197, 204 (Iowa 2009).

2015State v. Brooks, 760 N.W.2d 197, 204 (Iowa 2009).

33
State v. Holdernessgreen
iowa · 1981 · cited in 3 Iowa opinions naming this issue, 1992–2008
2 sentences

2008See Edgington, 487 N.W.2d at 677-78 (“Previously, we have stated that the automobile exception to the fourth amendment requirement of a search warrant is applicable if probable cause and exigent circumstances exist at the time the automobile is stopped by police.”); Holderness, 301 N.W.2d at 736-37 (“[EJxigent circumstances are necessary only initially; the absence of exigent circumstances at the time of the actual search is irrelevant.”); see also State v. Olsen, 293 N.W.2d 216, 220 (Iowa 1980) (“It is now *797 clear that the absence of exigent circumstances for the later search is wholly irr

2008See Edgington, 487 N.W.2d at 677–78 (“Previously, we have stated that the automobile exception to the fourth amendment requirement of a search warrant is applicable if probable cause and exigent circumstances exist at the time the automobile is stopped by police.”); Holderness, 301 N.W.2d at 736–37 (“[E]xigent circumstances are necessary only initially; the absence of exigent circumstances at the time of the actual search is irrelevant.”); see also State v. Olsen, 293 N.W.2d 216, 220 (Iowa 1980) (“It is now clear that the absence of exigent circumstances for the later search is wholly irreleva

23
State of Iowa v. Kyra Rose Baulergreen
iowa · 2024 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024See id. at 902 (plurality opinion) (“We find the dog sniff of Bauler’s vehicle did not violate the Fourth Amendment, notwithstanding the brief touching of the exterior of the vehicle.”), id. at 907 (stating that “the dog sniff of Bauler’s vehicle did not violate article I, section 8”); id. at 913 (McDonald, J., concurring specially) (stating that “momentary touching of Bauler’s vehicle in a public place during a lawful traffic stop was not unlawful, tortious, or otherwise prohibited under Iowa law” and that there was thus “no obligation to obtain a search warrant prior to conducting the search

2024See id. at 902 (plurality opinion) (“We find the dog sniff of Bauler’s vehicle did not violate the Fourth Amendment, notwithstanding the brief touching of the exterior of the vehicle.”), id. at 907 (stating that “the dog sniff of Bauler’s vehicle did not violate article I, section 8”); id. at 913 (McDonald, J., concurring specially) (stating that “momentary touching of Bauler’s vehicle in a public place during a lawful traffic stop was not unlawful, tortious, or otherwise prohibited under Iowa law” and that there was thus “no obligation to obtain a search warrant prior to conducting the search

22
United States v. Malik Ngumezigreen
ca9 · 2020 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024Police ordinarily cannot search the interior of an automobile unless they have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. Pulido-Ayala, 892 F.3d 315 , 317–19 (8th Cir. 2018) (concluding that probable cause to search the vehicle existed “before the [drug] dog entered the interior” based on the drug dog “immediately” pulling the canine officer toward the open passenger door such that there was no unlawful search when the dog jumped 20 into the defendant’s vehicle); see also United States v. Ngumezi, 980 F.3d 1285, 1289 (9th Cir.

2024Police ordinarily cannot search the interior of an automobile unless they have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. Pulido-Ayala, 892 F.3d 315 , 317–19 (8th Cir. 2018) (concluding that probable cause to search the vehicle existed “before the [drug] dog entered the interior” based on the drug dog “immediately” pulling the canine officer toward the open passenger door such that there was no unlawful search when the dog jumped 20 into the defendant’s vehicle); see also United States v. Ngumezi, 980 F.3d 1285, 1289 (9th Cir.

22
Illinois v. Caballesgreen
scotus · 2005 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024The majority continues to hide behind Illinois v. Caballes, 543 U.S. 405, 409 (2005), even though its Katz-based holding “is irrelevant to” a property-based Fourth Amendment challenge.

2024The majority continues to hide behind Illinois v. Caballes, 543 U.S. 405, 409 (2005), even though its Katz-based holding “is irrelevant to” a property-based Fourth Amendment challenge.

22
Stone v. Powellgreen
scotus · 1976 · cited in 2 Iowa opinions naming this issue, 1979–2023
2 sentences

1979One of its most recent statements on the rule was in Stone v. Powell, 428 U.S. 465, 494-95 , 96 S.Ct. 3037, 3052-53 , 49 L.Ed.2d 1067, 1088 (1976): [WJhere the State has provided an oppor-' tunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief or. the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.

1979One of its most recent statements on the rule was in Stone v. Powell, 428 U.S. 465, 494-95 , 96 S.Ct. 3037, 3052-53 , 49 L.Ed.2d 1067, 1088 (1976): [WJhere the State has provided an oppor-' tunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief or. the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.

22
Herring v. United Statesgreen
scotus · 2009 · cited in 2 Iowa opinions naming this issue, 2017–2023
2 sentences

2023Instead, the exclusionary rule is a “judicial remedy to deter Fourth Amendment violations.” Utah v. Strieff, 579 U.S. 232 , 237 (2016); see Herring v. United States, 555 U.S. 135, 141 (2009) (“We have repeatedly rejected the argument that exclusion is a necessary consequence of a Fourth Amendment violation”); Scott, 524 U.S. at 363 (“The 40 exclusionary rule is instead a judicially created means of deterring illegal searches and seizures.”); United States v. Calandra, 414 U.S. 338, 348 (1974) (“[T]he [exclusionary] rule is a judicially created remedy designed to safeguard Fourth Amendment righ

2023Instead, the exclusionary rule is a “judicial remedy to deter Fourth Amendment violations.” Utah v. Strieff, 579 U.S. 232 , 237 (2016); see Herring v. United States, 555 U.S. 135, 141 (2009) (“We have repeatedly rejected the argument that exclusion is a necessary consequence of a Fourth Amendment violation”); Scott, 524 U.S. at 363 (“The 40 exclusionary rule is instead a judicially created means of deterring illegal searches and seizures.”); United States v. Calandra, 414 U.S. 338, 348 (1974) (“[T]he [exclusionary] rule is a judicially created remedy designed to safeguard Fourth Amendment righ

22
State v. Taguegreen
iowa · 2004 · cited in 2 Iowa opinions naming this issue, 2010–2022
2 sentences

2022The test is whether “the totality of the circumstances as viewed by a reasonable and prudent person would lead that person to believe that a crime has been or is being committed and that the arrestee committed or is committing it.” State v. Tague, 676 N.W.2d 197, 201 (Iowa 2004) (citation omitted).

2010State v. Tague, 676 N.W.2d 197, 204 (Iowa 2004).

22
Holland v. Stategreen
fla · 1997 · cited in 2 Iowa opinions naming this issue, 2019–2019
2 sentences

2019See, e.g. , State v. Ossana , 199 Ariz. 459 , 18 P.3d 1258 , 1260 (Ct. App. 2001) (relying on Whren for a Fourth Amendment claim and holding "[t]he officers had the right to stop appellant's car if they reasonably believed he had committed a traffic violation"); State v. Mancia-Sandoval , 2010 Ark. 134 , 361 S.W.3d 835 , 839-40 (2010) ("As previously noted, a pretextual stop is not impermissible under either the federal or Arkansas Constitution and, thus, does not invalidate an otherwise lawful stop of the vehicle."); People v. Miranda , 17 Cal.App.4th 917 , 21 Cal. Rptr. 2d 785 , 789 (1993) (

2019See, e.g. , State v. Ossana , 199 Ariz. 459 , 18 P.3d 1258 , 1260 (Ct. App. 2001) (relying on Whren for a Fourth Amendment claim and holding "[t]he officers had the right to stop appellant's car if they reasonably believed he had committed a traffic violation"); State v. Mancia-Sandoval , 2010 Ark. 134 , 361 S.W.3d 835 , 839-40 (2010) ("As previously noted, a pretextual stop is not impermissible under either the federal or Arkansas Constitution and, thus, does not invalidate an otherwise lawful stop of the vehicle."); People v. Miranda , 17 Cal.App.4th 917 , 21 Cal. Rptr. 2d 785 , 789 (1993) (

22
State v. Mancia-Sandovalgreen
ark · 2010 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
City of Dayton v. Ericksongreen
ohio · 1996 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Georgegreen
minn · 1997 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
Harris v. Com.green
va · 2008 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Vineyardgreen
tenn · 1997 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Bjerkegreen
ri · 1997 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Watersgreen
la · 2001 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. McBreairtygreen
nh · 1997 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
Mitchell v. Stategreen
ind · 2001 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. McClendongreen
nc · 1999 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
Dufries v. Stategreen
oklacrimapp · 2006 · cited in 2 Iowa opinions naming this issue, 2019–2019
2 sentences

2019See, e.g. , State v. Ossana , 199 Ariz. 459 , 18 P.3d 1258 , 1260 (Ct. App. 2001) (relying on Whren for a Fourth Amendment claim and holding "[t]he officers had the right to stop appellant's car if they reasonably believed he had committed a traffic violation"); State v. Mancia-Sandoval , 2010 Ark. 134 , 361 S.W.3d 835 , 839-40 (2010) ("As previously noted, a pretextual stop is not impermissible under either the federal or Arkansas Constitution and, thus, does not invalidate an otherwise lawful stop of the vehicle."); People v. Miranda , 17 Cal.App.4th 917 , 21 Cal. Rptr. 2d 785 , 789 (1993) (

2019See, e.g. , State v. Ossana , 199 Ariz. 459 , 18 P.3d 1258 , 1260 (Ct. App. 2001) (relying on Whren for a Fourth Amendment claim and holding "[t]he officers had the right to stop appellant's car if they reasonably believed he had committed a traffic violation"); State v. Mancia-Sandoval , 2010 Ark. 134 , 361 S.W.3d 835 , 839-40 (2010) ("As previously noted, a pretextual stop is not impermissible under either the federal or Arkansas Constitution and, thus, does not invalidate an otherwise lawful stop of the vehicle."); People v. Miranda , 17 Cal.App.4th 917 , 21 Cal. Rptr. 2d 785 , 789 (1993) (

22
Commonwealth v. Buckleygreen
mass · 2018 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Philip M. Tetreaultgreen
vt · 2017 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
People v. Robinsongreen
ny · 2001 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Myersgreen
idahoctapp · 1990 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State of Maine v. John E. Sassogreen
me · 2016 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
People v. Mirandagreen
calctapp · 1993 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Tawian Bacome(075953)green
nj · 2017 · cited in 2 Iowa opinions naming this issue, 2019–2019
22
State v. Bartholomewgreen
neb · 1999 · cited in 2 Iowa opinions naming this issue, 2019–2019
22

Distinguished, questioned or overruled (1)

CaseNegativeCited
United States v. Kenny Eugene Smartgreen
ca8 · 2005 · cited in 2 Iowa opinions naming this issue, 2005–2010
12

Also cited on this issue (14)

CaseCitedYears
State v. Williams green
wisctapp · 2002
2 sentences

2017See, e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (‘‘[A] police officer’s brief detention of a driver to run a status check on the driver's license, after making a valid, lawful contact with the driver, is reasonable for purposes of the fourth amendment.”); State v. Hill, 606 A.2d 793, 795 (Me. 1992) (determining after valid

2017Vance did not decide the issue and did not have the guidance of Rodriguez, which was decided five years later. 10See e.g., United States v. Elmore, 304 F.3d 557 , 561 n.1 (6th Cir. 2002) (concluding no Fourth Amendment violation resulted when officer approached driver to request license and registration after pulling over for no license plate and then seeing temporary tag in window); State v. Godwin, 826 P.2d 452, 456 (Idaho 1992) (“[A] police officer’s brief detention of a driver to run a status check on the driver’s license, after making a valid, lawful contact with the driver, is reasonable

32017–2017
United States v. Javier Pulido-Ayala green
ca8 · 2018
2 sentences

2024Police ordinarily cannot search the interior of an automobile unless they have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. Pulido-Ayala, 892 F.3d 315 , 317–19 (8th Cir. 2018) (concluding that probable cause to search the vehicle existed “before the [drug] dog entered the interior” based on the drug dog “immediately” pulling the canine officer toward the open passenger door such that there was no unlawful search when the dog jumped 20 into the defendant’s vehicle); see also United States v. Ngumezi, 980 F.3d 1285, 1289 (9th Cir.

2024See, e.g., United States v. Wilson, No. 22–20100, 2024 WL 3634199 , at *2 & n.1 (5th Cir. Aug. 2, 2024) (per curiam) (holding that there was no search where dog instinctively entered cabin without direction and collecting cases); United States v. Pulido-Ayala, 892 F.3d 315 , 318–19 (8th Cir. 2018) (concluding that officers had probable cause to search the vehicle prior to K-9’s entry into vehicle cabin); United States v. Pierce, 622 F.3d 209 , 214–15 (3rd Cir. 2010) (finding no Fourth Amendment violation); United States v. Handley, No. 23–CR–57–CJW–MAR, 2024 WL 1536750 , at *6–7 (N.D.

22024–2024
State of Iowa v. Jasmaine R. Warren green
iowa · 2021
2 sentences

2023Cf. State v. Warren, 955 N.W.2d 848 , 859 (Iowa 2021) (declining, but not foreclosing, a separate analysis of whether to depart from the Fourth Amendment framework under article I, section 8 of the Iowa Constitution where the defendant suggested the Iowa Constitution should provide greater protection but did not actually ask us to depart from the federal framework or separately brief and analyze the state constitutional argument). 3Booker’s trial was held under our modified COVID-19 pandemic measures, one of which required limiting the number of people in a courtroom, which in turn necessitate

2023Cf. State v. Warren, 955 N.W.2d 848 , 859 (Iowa 2021) (declining, but not foreclosing, a separate analysis of whether to depart from the Fourth Amendment framework under article I, section 8 of the Iowa Constitution where the defendant suggested the Iowa Constitution should provide greater protection but did not actually ask us to depart from the federal framework or separately brief and analyze the state constitutional argument). 3Booker’s trial was held under our modified COVID-19 pandemic measures, one of which required limiting the number of people in a courtroom, which in turn necessitate

22023–2023
Fitzgerald v. People green
colo · 2017
2 sentences

2021The State then notes that in Fitzgerald v. People, the Colorado Supreme Court rejected a Fourth Amendment claim that the state is prohibited from introducing the refusal to consent to a blood test under the authority of Neville. 394 P.3d 671 , 674-76 (Colo. 2017) (en banc).

2021The State then notes that in Fitzgerald v. People, the Colorado Supreme Court rejected a Fourth Amendment claim that the state is prohibited from introducing the refusal to consent to a blood test under the authority of Neville. 394 P.3d 671 , 674-76 (Colo. 2017) (en banc).

22021–2021
Floyd v. City of Crystal Springs green
miss · 1999
22019–2019
State v. Farabee green
mont · 2000
22019–2019
State v. Rutzinski green
wis · 2001
22019–2019
Chambers v. Maroney green
scotus · 1970
22019–2019
People v. Kazmierczak red
mich · 2000
22019–2019
Karamychev v. District of Columbia green
dc · 2001
22019–2019
State v. Tucker green
or · 1979
22019–2019
Wilkes v. State green
md · 2001
22019–2019
Commonwealth v. Chase green
pa · 2008
22019–2019
Devenpeck v. Alford green
scotus · 2004
22019–2019

Statutes the citing opinions construe

IA § Iowa Code § 804.7 (10) IA § Iowa Code § 124.401 (8) IA § Iowa Code § 321.37 (7) IA § Iowa Code § 321J.2 (7) USC § 42u.s.c.1983 (7) IA § Iowa Code § 602.9206 (6) IA § Iowa Code § 707.6A (6) IA § Iowa Code § 714.1 (6) IA § Iowa Code § 808.3 (6) IA § Iowa Code § 453B.12 (5) IA § Iowa Code § 453B.3 (5) IA § Iowa Code § 804.15 (5)

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

TX 1084 (1967–2026) CA 614 (1966–2026) OH 447 (1970–2026) IL 336 (1971–2026) IN 301 (1971–2026) VA 279 (1968–2026) PA 244 (1965–2026) MI 244 (1969–2026) NY 228 (1962–2026) FL 227 (1971–2026) GA 223 (1974–2026) WI 185 (1971–2026) ID 183 (1983–2026) MD 170 (1972–2026) WA 167 (1967–2025) NJ 153 (1968–2026) KS 135 (1973–2026) MO 131 (1969–2025) DC 129 (1971–2026) TN 124 (1969–2026) AZ 123 (1968–2026) NM 123 (1974–2024) CO 111 (1976–2026) NC 110 (1973–2026) UT 109 (1983–2026) IA 100 (1969–2026) MN 100 (1965–2026) OR 88 (1970–2026) ND 87 (1974–2026) MA 83 (1964–2026) SC 80 (1976–2026) LA 77 (1977–2025) CT 68 (1970–2026) NE 57 (1972–2025) KY 57 (1979–2026) AL 56 (1964–2026) AR 56 (1981–2024) ME 54 (1970–2025) OK 47 (1972–2025) SD 45 (1967–2024) WY 45 (1972–2025) MT 42 (1974–2024) MS 40 (1971–2026) VT 31 (1971–2024) DE 30 (1968–2026) HI 30 (1978–2024) WV 30 (1980–2025) RI 26 (1980–2025) NV 25 (1974–2021) AK 25 (1974–2025) VI 15 (1977–2026) NH 13 (1986–2020) GU 2 (2021–2025)

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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