12 New Hampshire opinions name it 1 courts 1987–2017 0 in the last five years
The cases below were cited by New Hampshire 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. Gossgreen2 sentences2017In Goss , we determined that the "time [had] come to adopt explicitly a reasonable expectation of privacy analysis under Part I, Article 19." Id. 2005In State v. Goss, 150 N.H. 46 (2003), for the first time, we adopted a reasonable expectation of privacy analysis under Part I, Article 19 of the New Hampshire Constitution. | 2 | 5 |
State v. Pinkhamgreen2 sentences2004Although we did not analyze the facts in Pinkham under the reasonable expectation of privacy framework, we held that the defendant’s driveway was not constitutionally protected because it was visible from the road, not blocked by fences or shrubbery, and not “posted with ‘No Trespassing’ signs.” Id. at 191 . 1999Accordingly, we postpone consideration of the reasonable expectation of privacy test until another day.” State v. Pinkham, 141 N.H. 188, 189-90 , 679 A.2d 589, 590 (1996) (citation omitted); see State v. Valenzuela, 130 N.H. 175, 181 , 536 A.2d 1252, 1256-57 (1987), cert. denied, 485 U.S. 1008 (1988). | 2 | 3 |
State v. Valenzuelagreen2 sentences1999Accordingly, we postpone consideration of the reasonable expectation of privacy test until another day.” State v. Pinkham, 141 N.H. 188, 189-90 , 679 A.2d 589, 590 (1996) (citation omitted); see State v. Valenzuela, 130 N.H. 175, 181 , 536 A.2d 1252, 1256-57 (1987), cert. denied, 485 U.S. 1008 (1988). 1999Accordingly, we postpone consideration of the reasonable expectation of privacy test until another day.” State v. Pinkham, 141 N.H. 188, 189-90 , 679 A.2d 589, 590 (1996) (citation omitted); see State v. Valenzuela, 130 N.H. 175, 181 , 536 A.2d 1252, 1256-57 (1987), cert. denied, 485 U.S. 1008 (1988). | 2 | 2 |
Schroeder v. United Statesgreen2 sentences1999Accordingly, we postpone consideration of the reasonable expectation of privacy test until another day.” State v. Pinkham, 141 N.H. 188, 189-90 , 679 A.2d 589, 590 (1996) (citation omitted); see State v. Valenzuela, 130 N.H. 175, 181 , 536 A.2d 1252, 1256-57 (1987), cert. denied, 485 U.S. 1008 (1988). 1990See State v. Valenzuela, 130 N.H. 175, 180-81 , 536 A.2d 1252, 1256-57 (1987), cert. denied, 485 U.S. 1008 (1988). | 2 | 2 |
State v. Smithgreen2 sentences2017Under our test, a constitutional violation occurs when a warrantless search takes place in an area in which (1) the person has "exhibited a subjective expectation of privacy in the area" and (2) "that expectation [is] one that society is prepared to recognize as reasonable," State v. Smith , 163 N.H. 169 , 172, 37 A.3d 409 (2012), and the search does not fit within one of the exceptions to the warrant requirement, see State v. Smith , 169 N.H. 602 , 607, 154 A.3d 660 , 664 (2017) (explaining that *641 Part I, Article 19 of the State Constitution is violated when "government agents invade a per 2017Under our test, a constitutional violation occurs when a warrantless search takes place in an area in which (1) the person has "exhibited a subjective expectation of privacy in the area" and (2) "that expectation [is] one that society is prepared to recognize as reasonable," State v. Smith , 163 N.H. 169 , 172, 37 A.3d 409 (2012), and the search does not fit within one of the exceptions to the warrant requirement, see State v. Smith , 169 N.H. 602 , 607, 154 A.3d 660 , 664 (2017) (explaining that *641 Part I, Article 19 of the State Constitution is violated when "government agents invade a per | 1 | 2 |
United States v. Jonesgreen1 sentence2015See Jardines, 133 S. Ct. at 1417 ; see also Jones, 132 S. Ct. at 952 (stating that the “reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test”); United States v. Duenas, 691 F.3d 1070, 1080-81 (9th Cir.2012) (explaining that in Jones , “the Court reaffirmed that the home and its curtilage are sacrosanct” and that courts are not required “to apply the reasonable expectation of privacy standard in addition to finding that the subject of the search was ‘persons, houses, papers, or effects’ ” (brackets omitted)). | 1 | 1 |
United States v. Raymond Duenas, Jr.green1 sentence2015See Jardines, 133 S. Ct. at 1417 ; see also Jones, 132 S. Ct. at 952 (stating that the “reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test”); United States v. Duenas, 691 F.3d 1070, 1080-81 (9th Cir.2012) (explaining that in Jones , “the Court reaffirmed that the home and its curtilage are sacrosanct” and that courts are not required “to apply the reasonable expectation of privacy standard in addition to finding that the subject of the search was ‘persons, houses, papers, or effects’ ” (brackets omitted)). | 1 | 1 |
Florida v. Jardinesgreen1 sentence2015See Jardines, 133 S. Ct. at 1417 ; see also Jones, 132 S. Ct. at 952 (stating that the “reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test”); United States v. Duenas, 691 F.3d 1070, 1080-81 (9th Cir.2012) (explaining that in Jones , “the Court reaffirmed that the home and its curtilage are sacrosanct” and that courts are not required “to apply the reasonable expectation of privacy standard in addition to finding that the subject of the search was ‘persons, houses, papers, or effects’ ” (brackets omitted)). | 1 | 1 |
State v. Alosagreen2 sentences1996See, e.g., State v. Sterndale, 139 N.H. 445, 449 , 656 A.2d 409, 411 (1995); State v. Alosa, 137 N.H. 33, 37 , 623 A.2d 218, 221 (1993). 1996See, e.g., State v. Sterndale, 139 N.H. 445, 449 , 656 A.2d 409, 411 (1995); State v. Alosa, 137 N.H. 33, 37 , 623 A.2d 218, 221 (1993). | 1 | 1 |
State v. Westovergreen2 sentences1996State v. Westover, 140 N.H. 375, 379 , 666 A.2d 1344, 1348 (1995). 1996State v. Westover, 140 N.H. 375, 379 , 666 A.2d 1344, 1348 (1995). | 1 | 1 |
State v. Sterndalegreen2 sentences1996See, e.g., State v. Sterndale, 139 N.H. 445, 449 , 656 A.2d 409, 411 (1995); State v. Alosa, 137 N.H. 33, 37 , 623 A.2d 218, 221 (1993). 1996See, e.g., State v. Sterndale, 139 N.H. 445, 449 , 656 A.2d 409, 411 (1995); State v. Alosa, 137 N.H. 33, 37 , 623 A.2d 218, 221 (1993). | 1 | 1 |
United States v. Victor F. Maganagreen1 sentence1996See Magana, 512 F.2d at 1170-71 ; State v. Cloutier, 544 A.2d 1277, 1279-80 (Me. 1988), abrogated on other grounds by Horton v. California, 496 U.S. 128 (1990). | 1 | 1 |
State v. Cloutiergreen1 sentence1996See Magana, 512 F.2d at 1170-71 ; State v. Cloutier, 544 A.2d 1277, 1279-80 (Me. 1988), abrogated on other grounds by Horton v. California, 496 U.S. 128 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Katz v. United States
green
2 sentences1997The defendant first asserts that part I, article 19 protects not only her person and property, but also her “reasonable expectation of privacy in her medical records.” Cf. Katz v. United States, 389 U.S. 347 (1967) (adopting the reasonable expectation of privacy analysis for purposes of determining whether an invaded interest is one that is protected under the fourth amendment of the Federal Constitution). 1987Batchelder, J., dissenting: I agree with the majority that the defendant has asked us to determine the scope of the protections under part I, article 19 of the New Hampshire Constitution by employing the reasonable expectation of privacy analysis in Katz v. United States, 389 U.S. 347 (1967). | 3 | 1987–2003 |
State v. Robert Grimpson Smith
green
2 sentences2017Under our test, a constitutional violation occurs when a warrantless search takes place in an area in which (1) the person has "exhibited a subjective expectation of privacy in the area" and (2) "that expectation [is] one that society is prepared to recognize as reasonable," State v. Smith , 163 N.H. 169 , 172, 37 A.3d 409 (2012), and the search does not fit within one of the exceptions to the warrant requirement, see State v. Smith , 169 N.H. 602 , 607, 154 A.3d 660 , 664 (2017) (explaining that *641 Part I, Article 19 of the State Constitution is violated when "government agents invade a per 2017Under our test, a constitutional violation occurs when a warrantless search takes place in an area in which (1) the person has "exhibited a subjective expectation of privacy in the area" and (2) "that expectation [is] one that society is prepared to recognize as reasonable," State v. Smith , 163 N.H. 169 , 172, 37 A.3d 409 (2012), and the search does not fit within one of the exceptions to the warrant requirement, see State v. Smith , 169 N.H. 602 , 607, 154 A.3d 660 , 664 (2017) (explaining that *641 Part I, Article 19 of the State Constitution is violated when "government agents invade a per | 1 | 2017–2017 |
Delaware v. Prouse
green
1 sentence2004Id. at 654-55 ; see State v. Goss, 150 N.H. 46, 48-49 (2003) (adopting the reasonable expectation of privacy analysis under Part I, Article 19). | 1 | 2004–2004 |
Horton v. California
green
1 sentence1996See Magana, 512 F.2d at 1170-71 ; State v. Cloutier, 544 A.2d 1277, 1279-80 (Me. 1988), abrogated on other grounds by Horton v. California, 496 U.S. 128 (1990). | 1 | 1996–1996 |
AMP Inc. v. General Motors, Inc.
green
1 sentence1996We have not yet adopted the reasonable expectation of privacy test, see Katz v. United States, 389 U.S. 847 , 361 (1967) (Harlan, J., concurring), to interpret part I, article 19. | 1 | 1996–1996 |
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.