crucial inquiry (Colorado) · Go Syfert
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crucial inquiry in Colorado

12 Colorado opinions name it 2 courts 1983–2025 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 (12)

CaseFollowedCited
People v. Spotogreen
colo · 1990 · cited in 2 Colorado opinions naming this issue, 1994–2009
2 sentences

2009See Spoto, 795 P.2d at 1318 .

1994Id.

12
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179 . ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.' " Bostick , 501 U.S. at 437 ( quoting Michigan v. Chesternut , 486 U.S. 567, 569 ( 1988 ) ) .

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179. 24 ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.'" Bostick , 501 U.S. at 437 (quoting Michigan v. Chesternut , 486 U.S. 567, 569 (1988)).

11
People v. Jacksongreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179 . ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.' " Bostick , 501 U.S. at 437 ( quoting Michigan v. Chesternut , 486 U.S. 567, 569 ( 1988 ) ) .

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179. 24 ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.'" Bostick , 501 U.S. at 437 (quoting Michigan v. Chesternut , 486 U.S. 567, 569 (1988)).

11
Michigan v. Chesternutgreen
scotus · 1988 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179 . ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.' " Bostick , 501 U.S. at 437 ( quoting Michigan v. Chesternut , 486 U.S. 567, 569 ( 1988 ) ) .

2025"Thus, the boundary between consensual encounters and investigatory stops is crucial because it defines where the protection of the Fourth Amendment begins." Jackson , 39 P.3d at 1179. 24 ¶52 To determine whether an encounter is consensual, "the crucial test is whether, taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.'" Bostick , 501 U.S. at 437 (quoting Michigan v. Chesternut , 486 U.S. 567, 569 (1988)).

11
ALBERT JONES v. UNITED STATESgreen
dc · 2017 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025The test "is necessarily imprecise, because it is designed to assess the coercive effect of police conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation." Chesternut , 486 U.S. at 573 . ¶53 "The message that a suspect is not free to leave or terminate the inquiry can be conveyed, not necessarily intentionally, in ways less obvious than actual physical force or explicit command." Jones v. United States , 154 A.3d 591, 595 ( D.C. 2017 ) .

2025The test "is necessarily imprecise, because it is designed to assess the coercive effect of police conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation." Chesternut , 486 U.S. at 573. ¶53 "The message that a suspect is not free to leave or terminate the inquiry can be conveyed, not necessarily intentionally, in ways less obvious than actual physical force or explicit command." Jones v. United States , 154 A.3d 591, 595 (D.C. 2017).

11
Harris v. Ron Championgreen
ca10 · 1994 · cited in 1 Colorado opinions naming this issue, 2007–2007
1 sentence

2007People v. Whittiker, supra, - P.3d at -; see Harris v. Champion, supra, 15 F.3d at 1566 ; see also Simmons v. Beyer, 44 F.3d 1160 , 1170 n. 7 (8d Cir.1995) (collecting cases).

11
Lawrence L. Simmons v. Howard L. Beyer and the Attorney General of the State of New Jersey, W. Cary Edwardsgreen
ca3 · 1995 · cited in 1 Colorado opinions naming this issue, 2007–2007
1 sentence

2007People v. Whittiker, supra, - P.3d at -; see Harris v. Champion, supra, 15 F.3d at 1566 ; see also Simmons v. Beyer, 44 F.3d 1160 , 1170 n. 7 (8d Cir.1995) (collecting cases).

11
Marriage of Korol v. Korolgreen
mont · 1980 · cited in 1 Colorado opinions naming this issue, 1996–1996
2 sentences

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

11
In Re Custody of Andregreen
mont · 1988 · cited in 1 Colorado opinions naming this issue, 1996–1996
1 sentence

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

11
In Re Custody of Harnegreen
ill · 1979 · cited in 1 Colorado opinions naming this issue, 1996–1996
2 sentences

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

11
United States v. Valenzuela-Bernalgreen
scotus · 1982 · cited in 1 Colorado opinions naming this issue, 1988–1988
2 sentences

1988See United States v. Valenzuela-Bernal, 458 U.S. at 872 , 102 S.Ct. at 3449 .

1988See United States v. Valenzuela-Bernal, 458 U.S. at 872 , 102 S.Ct. at 3449 .

11
Atlantic Richfield Co. v. Stategreen
colo · 1979 · cited in 1 Colorado opinions naming this issue, 1983–1983
2 sentences

1983In determining whether the interest from the loans to Northwest Industries constitutes business income, the crucial inquiry is the “frequency and regularity of the activity,” Atlantic Richfield Co. v. Colorado, 198 Colo. 413, 417 , 601 P.2d 628, 631 (1979), bearing in mind that the income must be related to the business being conducted within the state to ensure that extra-territorial value is not being taxed.

1983In determining whether the interest from the loans to Northwest Industries constitutes business income, the crucial inquiry is the “frequency and regularity of the activity,” Atlantic Richfield Co. v. Colorado, 198 Colo. 413, 417 , 601 P.2d 628, 631 (1979), bearing in mind that the income must be related to the business being conducted within the state to ensure that extra-territorial value is not being taxed.

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 (8)

CaseCitedYears
Webb v. City of Black Hawk green
colo · 2013
2 sentences

2016This material impediment standard is broad enough to encompass all of the situations in which we have recognized that conflict can arise, including where “the home-rule city’s ordinance authorizes what state statute forbids, or forbids what state statute authorizes.” Webb v. City of Black Hawk, 2013 CO 9, ¶ 43 , 295 P.3d 480, 492 ; see also maj. op. ¶ 41.

2016This material impediment standard is broad enough to encompass all of the situations in which we have recognized that conflict can arise, including where “the home-rule city’s ordinance authorizes what state statute forbids, or forbids what state statute authorizes.” Webb v. City of Black Hawk, 2013 CO 9, ¶ 43 , 295 P.3d 480, 492 ; see also maj. op. ¶ 41.

22016–2016
In Re 2015–2016 Jefferson County Grand Jury green
colo · 2018
1 sentence

2016This material impediment standard is broad enough to encompass all of the situations in which we have recognized that conflict can arise, including where "the home-rule city's ordinance authorizes what state statute forbids, or forbids what state statute authorizes." Webb v. City of Black Hawk, 2018 CO 9, ¶ 43 , 295 P.3d 480, 492 ; see also maj. op. ¶ 41.

12016–2016
People v. McGlotten green
coloctapp · 2007
1 sentence

2009Id.; McGlotten, 166 P.3d at 185 .

12009–2009
People v. Whittiker green
coloctapp · 2007
1 sentence

2007People v. Whittiker, supra, - P.3d at -; see Harris v. Champion, supra, 15 F.3d at 1566 ; see also Simmons v. Beyer, 44 F.3d 1160 , 1170 n. 7 (8d Cir.1995) (collecting cases).

12007–2007
Rice v. Wood green
ncctapp · 1986
1 sentence

2005The North Carolina Court of Appeals determined that the trial court committed prejudicial error because the instruction omitted "a critical factor" for the jury's consideration-'"the crucial requirement of the creation and continued existence of a debt." Rice v. Wood, supra, 346 S.E.2d at 211-12 .

12005–2005
Federal Election Commission v. Harvey Furgatch green
ca9 · 1987
2 sentences

2001Furgatch, supra, 807 F.2d at 868 .

2001Furgatch, supra, 807 F.2d at 868 .

12001–2001
Andre v. Dobson neutral
mont · 1988
1 sentence

1996Marriage and Divorce Act § 409, Commissioner's comment, 9A U.L.A. 628-29 (1987); see also In re Custody of Harne, 77 Ill.2d 414 , 33 Ill.Dec. 110, 113 , 396 N.E.2d 499, 502 (1979) (ruling that in creating presumption favoring present custodian, legislature sought to promote a stability and continuity in child’s custodial and environmental relationship which is not to be lightly overturned); In re Custody of Andre, 234 Mont. 80 , 761 P.2d 809, 811 (1988) (finding stability of custody arrangement to be one of the most crucial factors in a child’s development); Korol v. Korol, 188 Mont. 351 , 613

11996–1996
Sperry and Hutchinson Co. v. Department of Revenue green
or · 1974
2 sentences

1983We find the Supreme Court of Oregon’s analysis in Sperry & Hutchinson Co. v. Department of Revenue, 270 Or. 329 , 527 P.2d 729 (1974), persuasive on the issue of the taxability of the interest.

1983We find the Supreme Court of Oregon’s analysis in Sperry & Hutchinson Co. v. Department of Revenue, 270 Or. 329 , 527 P.2d 729 (1974), persuasive on the issue of the taxability of the interest.

11983–1983

Where else courts name it

CA 247 (1906–2026) PA 115 (1920–2026) IL 110 (1895–2026) OH 110 (1899–2025) TX 85 (1964–2025) LA 85 (1968–2026) MI 65 (1908–2025) NY 65 (1889–2025) NC 54 (1904–2026) HI 43 (1955–2025) AL 42 (1921–2015) TN 39 (1910–2020) MA 37 (1975–2025) DC 34 (1982–2026) GA 34 (1907–2023) WA 32 (1970–2021) FL 30 (1974–2026) NJ 28 (1960–2025) IN 27 (1938–2023) MD 22 (1951–2019) AZ 14 (1966–2021) MO 13 (1890–2002) IA 13 (1922–2023) OR 12 (1931–2020) CO 12 (1983–2025) VA 10 (1918–2022) AK 10 (1972–2005) MN 10 (1973–2026) NE 9 (1941–2000) MT 9 (1899–2019) AR 8 (1939–2026) WI 8 (1963–2021) NM 7 (1985–2021) KS 7 (1926–2016) SC 7 (1941–2010) MS 6 (1991–2024) VT 6 (1991–2022) CT 6 (1997–2014) UT 5 (1939–2017) KY 5 (2005–2024) SD 5 (1956–2019) WY 4 (1981–2012) NV 4 (1975–2025) ID 4 (1928–2007) ME 4 (1901–2024) OK 4 (1964–2003) NH 3 (2000–2019) RI 2 (1991–2009) DE 2 (2016–2020) ND 2 (1901–1939)

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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