second part test (Colorado) · Go Syfert
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second part test in Colorado

13 Colorado opinions name it 2 courts 1973–2026 1 in the last five years

The cases below were cited by Colorado 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 (6)

CaseFollowedCited
People v. Borghesigreen
colo · 2003 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See id.

11
People v. Pittsgreen
colo · 2000 · cited in 1 Colorado opinions naming this issue, 2018–2018
2 sentences

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers “are not required to close their eyes to any evidence that they plainly see while conducting otherwise legitimate searches.” People v. Gothard, 185 P.3d 180, 183 (Colo. 2008) (quoting People v. Pitts, 13 P.3d 1218, 1222 (Colo. 2000)).

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers "are not required to close their eyes to any evidence that they plainly see *277 while conducting otherwise legitimate searches." People v. Gothard , 185 P.3d 180 , 183 (Colo. 2008) (quoting People v. Pitts , 13 P.3d 1218 , 1222 (Colo. 2000) ).

11
People v. Gothardgreen
colo · 2008 · cited in 1 Colorado opinions naming this issue, 2018–2018
2 sentences

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers “are not required to close their eyes to any evidence that they plainly see while conducting otherwise legitimate searches.” People v. Gothard, 185 P.3d 180, 183 (Colo. 2008) (quoting People v. Pitts, 13 P.3d 1218, 1222 (Colo. 2000)).

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers "are not required to close their eyes to any evidence that they plainly see *277 while conducting otherwise legitimate searches." People v. Gothard , 185 P.3d 180 , 183 (Colo. 2008) (quoting People v. Pitts , 13 P.3d 1218 , 1222 (Colo. 2000) ).

11
Hill v. DeWittgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011See In re Estate of DeWitt, 54 P.3d 849, 854 (Colo.2002).

11
People v. Steadgreen
coloctapp · 2002 · cited in 1 Colorado opinions naming this issue, 2002–2002
1 sentence

2002Hudson v. United States, supra; Kennedy v. Mendoza-Martinez, 372 U.S. 144 , 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963); In re Cardwell, 50 P.3d 897 , (Colo.2002); see People v. Stead, 66 P.3d 117 (Colo.App.2002).

11
People in Interest of Dveiringreen
colo · 1988 · cited in 1 Colorado opinions naming this issue, 1988–1988
1 sentence

1988See Dveirin, 755 P.2d at 1211 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
Bernal v. People green
colo · 2002
1 sentence

2020Id. at 192 . ¶ 75 The trial court found, with record support, that the lineup was impermissibly suggestive, so we proceed to the second part of the test and review whether the identification was nonetheless reliable.

12020–2020
People v. Brunsting green
colo · 2013
2 sentences

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers “are not required to close their eyes to any evidence that they plainly see while conducting otherwise legitimate searches.” People v. Gothard, 185 P.3d 180, 183 (Colo. 2008) (quoting People v. Pitts, 13 P.3d 1218, 1222 (Colo. 2000)).

2018Id. at ¶ 39, 307 P.3d at 1082 . ¶11 Another well-established exception to the warrant requirement is the plain view doctrine, which provides that police officers "are not required to close their eyes to any evidence that they plainly see *277 while conducting otherwise legitimate searches." People v. Gothard , 185 P.3d 180 , 183 (Colo. 2008) (quoting People v. Pitts , 13 P.3d 1218 , 1222 (Colo. 2000) ).

12018–2018
People v. Williams green
colo · 1982
1 sentence

2004Such a determination turns on the second part of the analysis under People v. Williams, supra, concerning the factual components of each prosecution and the evidence in support thereof.

12004–2004
Kennedy v. Mendoza-Martinez green
scotus · 1963
2 sentences

2002Hudson v. United States, supra; Kennedy v. Mendoza-Martinez, 372 U.S. 144 , 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963); In re Cardwell, 50 P.3d 897 , (Colo.2002); see People v. Stead, 66 P.3d 117 (Colo.App.2002).

2002Hudson v. United States, supra; Kennedy v. Mendoza-Martinez, 372 U.S. 144 , 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963); In re Cardwell, 50 P.3d 897 , (Colo.2002); see People v. Stead, 66 P.3d 117 (Colo.App.2002).

12002–2002
In Re Cardwell green
colo · 2002
1 sentence

2002Hudson v. United States, supra; Kennedy v. Mendoza-Martinez, 372 U.S. 144 , 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963); In re Cardwell, 50 P.3d 897 , (Colo.2002); see People v. Stead, 66 P.3d 117 (Colo.App.2002).

12002–2002
Pickett v. Brown green
scotus · 1983
2 sentences

1990The Court then applied the second part of the test and concluded that “the 2-year statute of limitations was not substantially related to Tennessee’s asserted interest in preventing stale and fraudulent claims.” Id.

1990Pickett, 462 U.S. at 15 , 103 S.Ct. at 2207 .

11990–1990
People v. Dailey green
colo · 1982
2 sentences

1988The second part of the test set forth in People v. Dailey, 639 P.2d 1068 (Colo.1982), requires that the defendant set forth with specificity the precise statements in the affidavit which are being challenged.

1988The second part of the test set forth in People v. Dailey, 639 P.2d 1068 (Colo.1982), requires that the defendant set forth with specificity the precise statements in the affidavit which are being challenged.

11988–1988
Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. Rogers green
scotus · 1958
2 sentences

1987In Societe Internationale v. Rogers, 357 U.S. 197, 212 , 78 S.Ct. 1087, 1095 , 2 L.Ed.2d 1255 (1958), the Court stated: Rule 37 should not be construed to authorize dismissal of this complaint because of petitioner’s noncompliance with a pretrial production order when it has been established that failure to comply has been due to inability, and not to willfulness, bad faith, or any fault of petitioner. .

1987In Societe Internationale v. Rogers, 357 U.S. 197, 212 , 78 S.Ct. 1087, 1095 , 2 L.Ed.2d 1255 (1958), the Court stated: Rule 37 should not be construed to authorize dismissal of this complaint because of petitioner’s noncompliance with a pretrial production order when it has been established that failure to comply has been due to inability, and not to willfulness, bad faith, or any fault of petitioner. .

11987–1987
Lemon v. Kurtzman red
scotus · 1971
2 sentences

1986Political divisiveness was first identified as relevant to entanglement analysis in Lemon. 403 U.S. at 622-624 , 91 S.Ct. at 2115-2116 .

1986Political divisiveness was first identified as relevant to entanglement analysis in Lemon. 403 U.S. at 622-624 , 91 S.Ct. at 2115-2116 .

11986–1986
Conrad v. City & County of Denver green
colo · 1982
1 sentence

1985Id.; Conrad, 656 P.2d at 668 ; Cloverleaf Kennel Club, 620 P.2d at 1056-57 .

11985–1985
Cloverleaf Kennel Club, Inc. v. Colorado Racing Commission green
colo · 1980
1 sentence

1985Id.; Conrad, 656 P.2d at 668 ; Cloverleaf Kennel Club, 620 P.2d at 1056-57 .

11985–1985
People v. Ward green
colo · 1973
2 sentences

1973People v. Ward, 181 Colo. 246 , 508 P.2d 1257 (1973); and People v. Peschong, supra. As to the second part of the test, i.e., the reliability of the informant, we held in People v. Ward, supra, that the affidavit there related sufficient facts to permit a finding by the issuing judge that the informant was reliable.

1973People v. Ward, 181 Colo. 246 , 508 P.2d 1257 (1973); and People v. Peschong, supra. As to the second part of the test, i.e., the reliability of the informant, we held in People v. Ward, supra, that the affidavit there related sufficient facts to permit a finding by the issuing judge that the informant was reliable.

11973–1973

Where else courts name it

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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