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12 Louisiana opinions name it 2 courts 2006–2023 2 in the last five years
The cases below were cited by Louisiana 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.
| Case | Followed | Cited |
|---|---|---|
State v. Elliottgreen2 sentences2020State v. Elliott, 2009-1727, p.1 (La. 3/16/10), 35 So.3d 247, 249 (“The determination of whether … reasonable suspicion for an investigatory stop [exists] is a purely objective inquiry that takes into account all of the information known collectively by the law enforcement personnel involved in the investigation even if some of the information is not communicated to the arresting officer.”) 2 suppress evidence and found no probable cause. 2019The Louisiana Supreme Court has indicated that “[t]he determination of whether probable cause exists for an arrest or reasonable suspicion for an investigatory stop is a purely objective inquiry that takes into account ‘all of the information known collectively to the law enforcement personnel involved in the investigation.’” State v. Elliott, 09-1727, p. 5 (La. 3/16/10), 35 So.3d 247, 251 (citations omitted). | 4 | 5 |
UNITED STATES of America, Plaintiff-Appellee, v. Brian Edward BUTLER, Defendant-Appellantgreen2 sentences2014The determination of whether the blood draw was justified under the circumstances entails a purely objective inquiry considering “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-0188, p. 5 (La.1/20/00), 729 So.2d 1019, 1022 (citing and quoting United States. v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”) (citation and internal quotation marks omitted); United States v. Butler, 2011Elliott explained that: The determination of whether probable cause exists for an arrest or reasonable suspicion for an investigatory stop is a purely objective inquiry that takes into account “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-3008 [98-0188], p. 5 (La.1/8[20]/99), 729 So.2d 1019, 1022 (citing United States v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”)); United | 4 | 4 |
United States v. Kleingreen2 sentences2014The determination of whether the blood draw was justified under the circumstances entails a purely objective inquiry considering “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-0188, p. 5 (La.1/20/00), 729 So.2d 1019, 1022 (citing and quoting United States. v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”) (citation and internal quotation marks omitted); United States v. Butler, 2011Elliott explained that: The determination of whether probable cause exists for an arrest or reasonable suspicion for an investigatory stop is a purely objective inquiry that takes into account “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-3008 [98-0188], p. 5 (La.1/8[20]/99), 729 So.2d 1019, 1022 (citing United States v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”)); United | 3 | 3 |
State v. Landrygreen2 sentences2014The determination of whether the blood draw was justified under the circumstances entails a purely objective inquiry considering “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-0188, p. 5 (La.1/20/00), 729 So.2d 1019, 1022 (citing and quoting United States. v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”) (citation and internal quotation marks omitted); United States v. Butler, 2011Elliott explained that: The determination of whether probable cause exists for an arrest or reasonable suspicion for an investigatory stop is a purely objective inquiry that takes into account “all of the information known collectively to the law enforcement personnel involved in the investigation.” State v. Landry, 98-3008 [98-0188], p. 5 (La.1/8[20]/99), 729 So.2d 1019, 1022 (citing United States v. Klein, 93 F.3d 698, 701 (10th Cir.1996) (“Probable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.”)); United | 3 | 3 |
Jackson v. Virginiared2 sentences2006Having granted the State's writ application, State v. Marshall, 04-3139 (La.6/16/06), 931 So.2d 360 , we reverse that decision because the court of appeal erred by substituting its evaluation of the trial judge's subjective decision-making process for the purely objective inquiry required by Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979) (An appellate court must determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable do 2006Having granted the State's writ application, State v. Marshall, 04-3139 (La.6/16/06), 931 So.2d 360 , we reverse that decision because the court of appeal erred by substituting its evaluation of the trial judge's subjective decision-making process for the purely objective inquiry required by Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979) (An appellate court must determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable do | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Calloway
green
2 sentences2023State v. Calloway, 2007- 2306 La. 1121109 ), 1 So.3d 417, 422 .3 In a juvenile delinquency proceeding, review of the law and facts is constitutionally mandated; therefore, an appellate court must review the record to determine if the juvenile court was clearly wrong in its factual findings. 2023State v. Calloway, 2007- 2306 ( La. 1/ 21/ 09), 1 So. 3d 417, 422 . | 2 | 2023–2023 |
State v. Marshall
neutral
1 sentence2006Having granted the State's writ application, State v. Marshall, 04-3139 (La.6/16/06), 931 So.2d 360 , we reverse that decision because the court of appeal erred by substituting its evaluation of the trial judge's subjective decision-making process for the purely objective inquiry required by Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979) (An appellate court must determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable do | 1 | 2006–2006 |
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.
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.