12 New Jersey opinions name it 2 courts 1990–2018 0 in the last five years
The cases below were cited by New Jersey 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 |
|---|---|---|
Brown v. Illinoisgreen2 sentences1990Although the trial court did not expressly employ the tri-partite Brown analysis, it made the necessary findings of fact from a “record of amply sufficient detail and depth from which the determination may be made.” 422 U.S. at 604 , 95 S.Ct. at 2262 , 45 L.Ed.2d at 427 . 1990Although the trial court did not expressly employ the tri-partite Brown analysis, it made the necessary findings of fact from a “record of amply sufficient detail and depth from which the determination may be made.” 422 U.S. at 604 , 95 S.Ct. at 2262 , 45 L.Ed.2d at 427 . | 1 | 2 |
Strickland v. Washingtongreen2 sentences2017See Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. 2017See Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. | 1 | 1 |
Denise Brown v. State of New Jersey and John Steetgreen2 sentences2017Brown v. State, 442 N.J.Super. 406, 410-11 , 124 A.3d 243 (App. Div. 2015). 2017Brown v. State, 442 N.J.Super. 406, 410-11 , 124 A.3d 243 (App. Div. 2015). | 1 | 1 |
James Hitesman v. Bridgeway, Inc. (072466)green1 sentence2015See Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014). | 1 | 1 |
State v. Williamsgreen2 sentences2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . 2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . | 1 | 1 |
People v. Brendlingreen2 sentences2012It maintains that the detention of Shaw for no more than five minutes was constitutionally permissible “to briefly question defendant about his identity and to maintain the status quo momentarily before [Shaw] walked away from the building.” Alternatively, the State urges this Court to find, in applying the Brown test, “that the outstanding parole warrant for [Shaw’s] arrest ... was an intervening circumstance that dissipated any taint flowing from the initial encounter.” It asks this Court to join those other jurisdictions that have held that “ ‘the discovery of an outstanding arrest warrant 2012It maintains that the detention of Shaw for no more than five minutes was constitutionally permissible “to briefly question defendant about his identity and to maintain the status quo momentarily before [Shaw] walked away from the building.” Alternatively, the State urges this Court to find, in applying the Brown test, “that the outstanding parole warrant for [Shaw’s] arrest ... was an intervening circumstance that dissipated any taint flowing from the initial encounter.” It asks this Court to join those other jurisdictions that have held that “ ‘the discovery of an outstanding arrest warrant | 1 | 1 |
State v. Barrygreen2 sentences2000In State v. Barry, 86 N.J. 80 , 429 A.2d 581 , cert. denied, 454 U.S. 1017 , 102 S.Ct. 553 , 70 L.Ed.2d 415 (1981), we explained how' the Brown factors should be evaluated: The inquiry for determining whether a defendant’s statements are tainted by antecedent illegality is ... a question of judgment. 2000In State v. Barry, 86 N.J. 80 , 429 A.2d 581 , cert. denied, 454 U.S. 1017 , 102 S.Ct. 553 , 70 L.Ed.2d 415 (1981), we explained how' the Brown factors should be evaluated: The inquiry for determining whether a defendant’s statements are tainted by antecedent illegality is ... a question of judgment. | 1 | 1 |
State v. Harrisgreen2 sentences1996We have undertaken a similar analysis when the trial court failed to provide a Mejia instruction, ibid.; Harris, supra, 141 N.J. at 544-47, 662 A.2d 333 , and when the trial court failed to provide a Brown instruction, e.g., Brown, supra, 138 N.J. at 522-27 , 651 A.2d 19 . 1996We have undertaken a similar analysis when the trial court failed to provide a Mejia instruction, ibid.; Harris, supra, 141 N.J. at 544-47, 662 A.2d 333 , and when the trial court failed to provide a Brown instruction, e.g., Brown, supra, 138 N.J. at 522-27 , 651 A.2d 19 . | 1 | 1 |
Michigan v. Longgreen2 sentences1990When assessing violations of that right, we have employed the three-part Brown test, Worlock, supra, 117 N.J. at 622 , 569 A.2d *661 1314; Hartley, supra, 103 N.J at 283, 511 A.2d 80 , not because we are bound to follow it, but because we have elected to receive the benefit of its guidance, Michigan v. Long, 463 U.S. 1032, 1041 , 103 S.Ct. 3469, 3476 , 77 L.Ed.2d 1201, 1214 (1983); Hartley, supra, 103 N.J. at 286 , 511 A. 2d 80 . 1990When assessing violations of that right, we have employed the three-part Brown test, Worlock, supra, 117 N.J. at 622 , 569 A.2d *661 1314; Hartley, supra, 103 N.J at 283, 511 A.2d 80 , not because we are bound to follow it, but because we have elected to receive the benefit of its guidance, Michigan v. Long, 463 U.S. 1032, 1041 , 103 S.Ct. 3469, 3476 , 77 L.Ed.2d 1201, 1214 (1983); Hartley, supra, 103 N.J. at 286 , 511 A. 2d 80 . | 1 | 1 |
Dunaway v. New Yorkgreen2 sentences1990Dunaway, supra, 442 U.S. at 220 , 99 S.Ct. at 2260-61 , 60 L.Ed.2d at 841 (Stevens, J., concurring); Worlock, supra, 117 N.J. at 622-23 , 569 A.2d 1314 . 1990Dunaway, supra, 442 U.S. at 220 , 99 S.Ct. at 2260-61 , 60 L.Ed.2d at 841 (Stevens, J., concurring); Worlock, supra, 117 N.J. at 622-23 , 569 A.2d 1314 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Worlock
green
2 sentences2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . 2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . | 2 | 1990–2012 |
State v. Smith
green
2 sentences2018In State v. Smith , a case comparable to the present one, we applied the Brown factors and rejected the attenuation doctrine as a basis for upholding the search of a home. 155 N.J. 83 , 100-01, 713 A.2d 1033 (1998). 2018In State v. Smith , a case comparable to the present one, we applied the Brown factors and rejected the attenuation doctrine as a basis for upholding the search of a home. 155 N.J. 83 , 100-01, 713 A.2d 1033 (1998). | 1 | 2018–2018 |
State v. Ingenito
green
2 sentences2018Defendant argues that the Brown standard, which was incorporated into the model jury charge, effectively denied him the right to a fair trial because an essential element of the offense charged was presented as concluded or settled, (citing State v. Ingenito, 87 N.J. 204, 213 , 432 A.2d 912 (1981)). 2018Defendant argues that the Brown standard, which was incorporated into the model jury charge, effectively denied him the right to a fair trial because an essential element of the offense charged was presented as concluded or settled, (citing State v. Ingenito, 87 N.J. 204, 213 , 432 A.2d 912 (1981)). | 1 | 2018–2018 |
Plan for Abolition of Council
green
2 sentences2013In re COAH, supra, 424 N.J.Super. at 431 , 38 A.3d 620 . 2013In re COAH, supra, 424 N.J.Super. at 431 , 38 A.3d 620 . | 1 | 2013–2013 |
State v. Badessa
green
2 sentences2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . 2012For example, we have applied the Brown factors in determining the admissibility of a confession that followed an unlawful arrest, State v. Worlock, 117 N.J. 596, 622-24 , 569 A.2d 1314 (1990), the admissibility of a police officer’s observations after an unconstitutional motor vehicle stop, Badessa, supra, 185 N.J. at 305 , 885 A.2d 430 , and the admissibility of evidence seized from a defendant after he resisted police and took flight following an unconstitutional investigatory stop, Williams, supra, 192 N.J. at 4, 926 A.2d 340 . | 1 | 2012–2012 |
Ellis v. Emery
green
2 sentences2012It maintains that the detention of Shaw for no more than five minutes was constitutionally permissible “to briefly question defendant about his identity and to maintain the status quo momentarily before [Shaw] walked away from the building.” Alternatively, the State urges this Court to find, in applying the Brown test, “that the outstanding parole warrant for [Shaw’s] arrest ... was an intervening circumstance that dissipated any taint flowing from the initial encounter.” It asks this Court to join those other jurisdictions that have held that “ ‘the discovery of an outstanding arrest warrant 2012It maintains that the detention of Shaw for no more than five minutes was constitutionally permissible “to briefly question defendant about his identity and to maintain the status quo momentarily before [Shaw] walked away from the building.” Alternatively, the State urges this Court to find, in applying the Brown test, “that the outstanding parole warrant for [Shaw’s] arrest ... was an intervening circumstance that dissipated any taint flowing from the initial encounter.” It asks this Court to join those other jurisdictions that have held that “ ‘the discovery of an outstanding arrest warrant | 1 | 2012–2012 |
Brown v. Jersey Central Power and Light Co.
green
2 sentences2002Id. at 189 , 394 A. 2d 397 . 2002Id. at 189 , 394 A. 2d 397 . | 1 | 2002–2002 |
Barry v. New Jersey
green
2 sentences2000In State v. Barry, 86 N.J. 80 , 429 A.2d 581 , cert. denied, 454 U.S. 1017 , 102 S.Ct. 553 , 70 L.Ed.2d 415 (1981), we explained how' the Brown factors should be evaluated: The inquiry for determining whether a defendant’s statements are tainted by antecedent illegality is ... a question of judgment. 2000In State v. Barry, 86 N.J. 80 , 429 A.2d 581 , cert. denied, 454 U.S. 1017 , 102 S.Ct. 553 , 70 L.Ed.2d 415 (1981), we explained how' the Brown factors should be evaluated: The inquiry for determining whether a defendant’s statements are tainted by antecedent illegality is ... a question of judgment. | 1 | 2000–2000 |
State v. Brown
green
2 sentences1996We have undertaken a similar analysis when the trial court failed to provide a Mejia instruction, ibid.; Harris, supra, 141 N.J. at 544-47, 662 A.2d 333 , and when the trial court failed to provide a Brown instruction, e.g., Brown, supra, 138 N.J. at 522-27 , 651 A.2d 19 . 1996We have undertaken a similar analysis when the trial court failed to provide a Mejia instruction, ibid.; Harris, supra, 141 N.J. at 544-47, 662 A.2d 333 , and when the trial court failed to provide a Brown instruction, e.g., Brown, supra, 138 N.J. at 522-27 , 651 A.2d 19 . | 1 | 1996–1996 |
State v. Hartley
green
2 sentences1990When assessing violations of that right, we have employed the three-part Brown test, Worlock, supra, 117 N.J. at 622 , 569 A.2d *661 1314; Hartley, supra, 103 N.J at 283, 511 A.2d 80 , not because we are bound to follow it, but because we have elected to receive the benefit of its guidance, Michigan v. Long, 463 U.S. 1032, 1041 , 103 S.Ct. 3469, 3476 , 77 L.Ed.2d 1201, 1214 (1983); Hartley, supra, 103 N.J. at 286 , 511 A. 2d 80 . 1990When assessing violations of that right, we have employed the three-part Brown test, Worlock, supra, 117 N.J. at 622 , 569 A.2d *661 1314; Hartley, supra, 103 N.J at 283, 511 A.2d 80 , not because we are bound to follow it, but because we have elected to receive the benefit of its guidance, Michigan v. Long, 463 U.S. 1032, 1041 , 103 S.Ct. 3469, 3476 , 77 L.Ed.2d 1201, 1214 (1983); Hartley, supra, 103 N.J. at 286 , 511 A. 2d 80 . | 1 | 1990–1990 |
Michigan Department of State Police v. Sitz
green
2 sentences1990Sitz, 496 U.S. at ___ , 110 S.Ct. at 2486 , 110 L.Ed. 2d at 422 . 1990Sitz, 496 U.S. at ___ , 110 S.Ct. at 2486 , 110 L.Ed. 2d at 422 . | 1 | 1990–1990 |
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.