twofold requirement (Maryland) · Go Syfert
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twofold requirement in Maryland

11 Maryland opinions name it 2 courts 1925–2018 0 in the last five years

The cases below were cited by Maryland 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 (8)

CaseFollowedCited
Katz v. United Statesgreen
scotus · 1967 · cited in 5 Maryland opinions naming this issue, 1978–2018
2 sentences

2018Agnew argues, and the State concedes, that none of these exceptions permits admission of the audio recording in the case before us. "[T]here is a twofold requirement, first that a person has exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as 'reasonable.' " Katz , 389 U.S. at 361 , 88 S.Ct. at 516 (Harlan, J. concurring).

2018Agnew argues, and the State concedes, that none of these exceptions permits admission of the audio recording in the case before us. "[T]here is a twofold requirement, first that a person has exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as 'reasonable.' " Katz , 389 U.S. at 361 , 88 S.Ct. at 516 (Harlan, J. concurring).

25
Venner v. Stategreen
md · 1977 · cited in 3 Maryland opinions naming this issue, 1978–2010
2 sentences

1978In Venner v. State, 279 Md. 47 , 51-52 and 59, 367 A. 2d 949 , cert. denied, 431 U. S. 932 (1977), we adopted and applied the criteria for testing the Fourth Amendment’s applicability enunciated by Mr. Justice Harlan in his concurring opinion in Katz v. United States, 389 U. S. 347, 361 , 88 S. Ct. 507 (1967): “[T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ Thus a man’s home is, for most purposes, a place where he expects privacy___

1978In Venner v. State, 279 Md. 47 , 51-52 and 59, 367 A. 2d 949 , cert. denied, 431 U. S. 932 (1977), we adopted and applied the criteria for testing the Fourth Amendment’s applicability enunciated by Mr. Justice Harlan in his concurring opinion in Katz v. United States, 389 U. S. 347, 361 , 88 S. Ct. 507 (1967): “[T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ Thus a man’s home is, for most purposes, a place where he expects privacy___

13
New Jersey v. T. L. O.green
scotus · 1985 · cited in 2 Maryland opinions naming this issue, 2000–2007
2 sentences

2007Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable: “Determining the reasonableness of any search involves a twofold inquiry: first, one must consider ‘whether the ... action was justified at its inception,’ Terry v. Ohio, 392 U.S. [1], at 20 [ 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968) ]; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,’ ibid.” New Jersey v. T.L.O., supra[ 469 U.S. 325 ] at 341, 105 S.Ct. [733] at

2007Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable: “Determining the reasonableness of any search involves a twofold inquiry: first, one must consider ‘whether the ... action was justified at its inception,’ Terry v. Ohio, 392 U.S. [1], at 20 [ 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968) ]; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,’ ibid.” New Jersey v. T.L.O., supra[ 469 U.S. 325 ] at 341, 105 S.Ct. [733] at

12
Cameron v. Stategreen
ala · 1973 · cited in 1 Maryland opinions naming this issue, 1978–1978
1 sentence

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

11
Knowles v. Stategreen
miss · 1977 · cited in 1 Maryland opinions naming this issue, 1978–1978
1 sentence

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

11
Cooks v. Stategreen
ala · 1973 · cited in 1 Maryland opinions naming this issue, 1978–1978
1 sentence

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

11
Cooks v. Stategreen
· 1973 · cited in 1 Maryland opinions naming this issue, 1978–1978
2 sentences

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

11
State v. Leegreen
la · 1975 · cited in 1 Maryland opinions naming this issue, 1978–1978
1 sentence

1978See Cooks v. State, 50 Ala. App. 49 , 276 So. 2d 634, 638 , cert. denied, 290 Ala. 363 , 276 So. 2d 640 (1973); State v. Lee, 311 So. 2d 876, 879 (La. 1975); Knowles v. State, 341 So. 2d 913, 916 (Miss. 1977).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Ghalayini v. United States green
scotus · 1977
2 sentences

1978In Venner v. State, 279 Md. 47 , 51-52 and 59, 367 A. 2d 949 , cert. denied, 431 U. S. 932 (1977), we adopted and applied the criteria for testing the Fourth Amendment’s applicability enunciated by Mr. Justice Harlan in his concurring opinion in Katz v. United States, 389 U. S. 347, 361 , 88 S. Ct. 507 (1967): “[T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ Thus a man’s home is, for most purposes, a place where he expects privacy___

1978In determining whether an expectation of privacy is constitutionally justified, we adopted in Venner v. State, 279 Md. 47 , 367 A. 2d 949 (1977), cert. denied, 431 U. S. 932 (1977), the twofold test articulated by Justice Harlan in his concurring opinion in Katz, i.e., “first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ ” 389 U. S. at 361 .

21978–1978
Silverberg v. Silverberg green
md · 1925
1 sentence

2010It involves the twofold error of at once splitting the decree and attempting both to accept and reject its terms. 148 Md. at 689 , 130 A. 325 .

12010–2010
Lewis v. Lewis green
md · 1959
2 sentences

2010The Court has since rejected this reasoning both expressly, see Lewis, 219 Md. at 316 , 149 A.2d 403 ("[W]e are unwilling to follow the reasoning of [Silverberg] that the appeal involved splitting the decree and attempting both to accept and reject its terms.”), and implicitly.

2010The Court has since rejected this reasoning both expressly, see Lewis, 219 Md. at 316 , 149 A.2d 403 ("[W]e are unwilling to follow the reasoning of [Silverberg] that the appeal involved splitting the decree and attempting both to accept and reject its terms.”), and implicitly.

12010–2010
Terry v. Ohio green
scotus · 1968
2 sentences

2007Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable: “Determining the reasonableness of any search involves a twofold inquiry: first, one must consider ‘whether the ... action was justified at its inception,’ Terry v. Ohio, 392 U.S. [1], at 20 [ 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968) ]; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,’ ibid.” New Jersey v. T.L.O., supra[ 469 U.S. 325 ] at 341, 105 S.Ct. [733] at

2007Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable: “Determining the reasonableness of any search involves a twofold inquiry: first, one must consider ‘whether the ... action was justified at its inception,’ Terry v. Ohio, 392 U.S. [1], at 20 [ 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968) ]; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,’ ibid.” New Jersey v. T.L.O., supra[ 469 U.S. 325 ] at 341, 105 S.Ct. [733] at

12007–2007
O'CONNOR v. Ortega green
scotus · 1987
2 sentences

2007Id. at 725-26, 480 U.S. 709 , 107 S.Ct. 1492 , 94 L.Ed.2d 714 .

2007Id. at 725-26, 480 U.S. 709 , 107 S.Ct. 1492 , 94 L.Ed.2d 714 .

12007–2007
Vernonia School District 47J v. Acton green
scotus · 1995
1 sentence

2000In T.L.O .,, the Supreme Court held that, "Determining the reasonableness of any search involves a twofold inquiry: first, one must consider whether the action was justified at its inception ... *419 second, one must determine whether the search as actually conducted was reasonably related in scope to the circumstances which justified interference in the first place." Id. at 341-42 , 105 S.Ct. at 742 , 83 L.Ed.2d at 734-35 .

12000–2000
Buettner v. State green
md · 1964
2 sentences

1978Buettner v. State, 233 Md. 235, 239 , 196 A. 2d 465 (1964) .

1978Buettner v. State, 233 Md. 235, 239 , 196 A. 2d 465 (1964) .

11978–1978
Watson v. United States green
pawd · 1975
2 sentences

1978The test that must be applied is one of the. reasonableness of the search: [Tjhere is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’ Katz, supra, 389 U. S. 347 at 361 ; Venner v. State, 279 Md. 47, 52 , 367 A. 2d 949 , cert. denied, 421 U. S. 932 (1977).

1978The test that must be applied is one of the reasonableness of the search: [T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as `reasonable.' *185 Katz, supra, 389 U.S. 347 at 361 ; Venner v. State, 279 Md. 47, 52 , 367 A.2d 949 , cert. denied, 421 U.S. 932 (1977).

11978–1978
Stewart v. McCaddin green
md · 1908
1 sentence

1925Stewart v. McCaddin, 107 Md. 314, 319 ; Murphy v. Spaulding, 46 N. Y. 556, 559 .

11925–1925
Murphy v. . Spaulding neutral
ny · 1871
1 sentence

1925Stewart v. McCaddin, 107 Md. 314, 319 ; Murphy v. Spaulding, 46 N. Y. 556, 559 .

11925–1925

Where else courts name it

CT 37 (1982–2015) CA 27 (1955–2021) IL 26 (1974–2025) LA 26 (1975–2023) PA 22 (1980–2025) OH 22 (1966–2023) NY 17 (1978–2025) NC 15 (1954–2024) AL 15 (1987–2014) OR 11 (1971–1985) HI 11 (1982–2025) MD 11 (1925–2018) ND 8 (1983–2012) TX 8 (1982–2014) WA 7 (1983–2013) NJ 7 (1970–1995) AK 7 (1973–2009) MO 6 (1881–2018) WI 6 (1976–2013) MI 6 (1972–2008) SD 6 (1986–2008) DC 6 (1975–2011) FL 6 (1977–1993) NM 5 (1974–2014) MA 5 (1982–2013) IN 4 (1981–2002) CO 4 (1975–2021) NH 4 (2003–2007) IA 4 (2008–2022) KY 3 (1955–2017) AZ 3 (1985–1993) WV 3 (1985–2007) KS 2 (2010–2015) VT 2 (1991–2002) DE 2 (1980–2016) TN 2 (1979–2014) UT 2 (1989–1997) OK 2 (1982–1982) MS 2 (2020–2022)

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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