touchstone analysis (Florida) · Go Syfert
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touchstone analysis in Florida

10 Florida opinions name it 2 courts 1980–2024 1 in the last five years

The cases below were cited by Florida 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 (6)

CaseFollowedCited
Wilkinson v. Austingreen
scotus · 2005 · cited in 2 Florida opinions naming this issue, 2016–2017
2 sentences

2017Then, in Wilkinson v. Austin, 545 U.S. 209, 223 (2005), the United States Supreme Court reiterated “that the touchstone of the inquiry into the existence of a protected, state-created liberty interest in avoiding restrictive conditions of confinement is not the language of regulations regarding those conditions but the nature of those conditions themselves ‘in relation to the ordinary incidents of prison life.’ ” (quoting Sandin, 515 U.S. at 484 ).

2016The Court explained this point as follows: After Sandin, it is clear that the touchstone of the inquiry into the existence of a protected, state-created liberty interest in avoiding restrictive conditions of confinement is not the language of regulations regarding those conditions but the nature of those 59 conditions themselves ‘in relation to the ordinary incidents of prison life.’ Wilkinson, 545 U.S. at 223 (citation omitted) (emphasis added).

22
United States v. Khounsavanhgreen
ca1 · 1997 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Concerning this fair probability: "`Probability is the touchstone' of this inquiry." United States v. Baldyga, 233 F.3d 674, 683 (1st Cir.2000) (quoting United States v. Khounsavanh, 113 F.3d 279, 283 (1st Cir.1997)).

11
United States v. Baldygagreen
ca1 · 2000 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Concerning this fair probability: "`Probability is the touchstone' of this inquiry." United States v. Baldyga, 233 F.3d 674, 683 (1st Cir.2000) (quoting United States v. Khounsavanh, 113 F.3d 279, 283 (1st Cir.1997)).

11
United States v. John E. Burkegreen
ca1 · 1993 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Thus, "[t]he standard of probable cause requires a probability, not a prima facie showing, of criminal activity." United States v. Burke, 999 F.2d 596, 599 (1st Cir.1993); see also United States v. DeQuasie, 373 F.3d 509, 518 (4th Cir.2004) ("The probable cause standard does not require officials to possess an airtight case before taking action." (internal quotations and citation omitted)).

11
United States v. Timothy Dequasiegreen
ca4 · 2004 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Thus, "[t]he standard of probable cause requires a probability, not a prima facie showing, of criminal activity." United States v. Burke, 999 F.2d 596, 599 (1st Cir.1993); see also United States v. DeQuasie, 373 F.3d 509, 518 (4th Cir.2004) ("The probable cause standard does not require officials to possess an airtight case before taking action." (internal quotations and citation omitted)).

11
Elias Covington v. Department of Health and Human Servicesgreen
cafc · 1984 · cited in 1 Florida opinions naming this issue, 1988–1988
1 sentence

1988For the reasons stated above, it is not reasonable to expect McLaughlin to be aware of possible alternatives to submitting a date of retirement. "[W]hether the employee made an informed choice is the touchstone of our analysis." Covington v. Dept. of Health and Human Services, 750 F.2d 937, 942 (Fed.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Terry v. Ohio green
scotus · 1968
2 sentences

2011The Court elaborated on these principles in Pennsylvania v. Mimms, 434 U.S. 106 , *793 108-09, 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977): The touchstone of our analysis under the Fourth Amendment is always "the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security." Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868, 1878 , 20 L.Ed.2d 889 (1968).

2011The Court elaborated on these principles in Pennsylvania v. Mimms, 434 U.S. 106 , *793 108-09, 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977): The touchstone of our analysis under the Fourth Amendment is always "the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security." Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868, 1878 , 20 L.Ed.2d 889 (1968).

41980–2011
United States v. Brignoni-Ponce green
scotus · 1975
2 sentences

1999As the Supreme Court explained in Mimms, supra, "the touchstone of our analysis under the Fourth Amendment is always `the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security'," Mimms, 434 U.S. at 108-109 , 98 S.Ct. 330 (quoting Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)), and the reasonableness "depends `on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers'," id. at 109 , 98 S.Ct. 330 (quoting United States v. Brignoni-Ponc

1999As the Supreme Court explained in Mimms, supra, "the touchstone of our analysis under the Fourth Amendment is always `the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security'," Mimms, 434 U.S. at 108-109 , 98 S.Ct. 330 (quoting Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)), and the reasonableness "depends `on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers'," id. at 109 , 98 S.Ct. 330 (quoting United States v. Brignoni-Ponc

31999–2011
Pennsylvania v. Mimms green
scotus · 1977
2 sentences

2011The Court elaborated on these principles in Pennsylvania v. Mimms, 434 U.S. 106 , *793 108-09, 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977): The touchstone of our analysis under the Fourth Amendment is always "the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security." Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868, 1878 , 20 L.Ed.2d 889 (1968).

2011The Court elaborated on these principles in Pennsylvania v. Mimms, 434 U.S. 106 , *793 108-09, 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977): The touchstone of our analysis under the Fourth Amendment is always "the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security." Terry v. Ohio, 392 U.S. 1, 19 , 88 S.Ct. 1868, 1878 , 20 L.Ed.2d 889 (1968).

31999–2011
Blockburger v. United States green
scotus · 1931
1 sentence

2024As in Graham, we adhere to Blockburger’s distinct acts test, which recognized that “[e]ach of several successive” violations - 27 - “constitutes a distinct offense, however closely they may follow each other” and placed the focus of the analysis squarely on whether there were “successive impulses.” Blockburger, 284 U.S. at 302 .

12024–2024
Sandin v. Conner green
scotus · 1995
2 sentences

2017The Court in Wilkinson further pointed out the real impact of the Court’s prior opinion, when it said: -9- After Sandin, it is clear that the touchstone of the inquiry into the existence of a protected, state-created liberty interest in avoiding restrictive conditions of confinement is not the language of regulations regarding those conditions but the nature of those conditions themselves “in relation to the ordinary incidents of prison life.” Id. at 223 (quoting Sandin, 515 U.S. at 484 ) (emphasis added).

2017The Court in Wilkinson further pointed out the real impact of the Court’s prior opinion, when it said: -9- After Sandin, it is clear that the touchstone of the inquiry into the existence of a protected, state-created liberty interest in avoiding restrictive conditions of confinement is not the language of regulations regarding those conditions but the nature of those conditions themselves “in relation to the ordinary incidents of prison life.” Id. at 223 (quoting Sandin, 515 U.S. at 484 ) (emphasis added).

12017–2017
Moskal v. United States green
scotus · 1990
2 sentences

2011“The touchstone of the rule of lenity is statutory ambiguity.” Moskal v. United States, 498 U.S. 103, 107 , 111 S.Ct. 461 , 112 L.Ed.2d 449 (1990).

2011“The touchstone of the rule of lenity is statutory ambiguity.” Moskal v. United States, 498 U.S. 103, 107 , 111 S.Ct. 461 , 112 L.Ed.2d 449 (1990).

12011–2011

Statutes the citing opinions construe

FL § 901.151 (3)

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.

Where else courts name it

OH 467 (1982–2026) CA 52 (1978–2026) MA 36 (1988–2026) PA 35 (1980–2026) NY 33 (1914–2026) TX 30 (1976–2022) WA 26 (1976–2026) IL 21 (1985–2021) TN 17 (2001–2019) WI 15 (1994–2025) GA 15 (2012–2024) MD 15 (1979–2023) AZ 13 (1979–2022) OR 12 (2008–2022) MI 12 (1978–2024) AR 11 (1991–2024) CT 10 (1991–2016) IA 10 (2000–2019) FL 10 (1980–2024) VA 9 (1994–2025) MN 9 (1978–2023) UT 8 (2003–2019) MO 7 (1980–2023) NJ 7 (1975–2022) DC 7 (1991–2024) KY 5 (2023–2025) IN 5 (2001–2023) ME 5 (1973–2025) VT 4 (2008–2025) NE 4 (2008–2016) NM 4 (2009–2020) NC 4 (2012–2026) NH 4 (1985–2019) HI 4 (1973–2025) MS 4 (2002–2026) RI 3 (1993–2015) DE 3 (2019–2025) OK 3 (1997–2006) LA 3 (1996–2021) MT 3 (1979–2023) AL 2 (2000–2013) WY 2 (1989–2003) ID 2 (2018–2018) VI 2 (2011–2012) AK 2 (1979–2024) SC 2 (2013–2022)

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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