Gates doctrine (California) · Go Syfert
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Gates doctrine in California

9 California opinions name it 2 courts 1902–2021 1 in the last five years

The cases below were cited by California 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 (4)

CaseFollowedCited
People v. Wellsgreen
cal · 1949 · cited in 2 California opinions naming this issue, 1959–1959
2 sentences

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

22
People v. Kershawgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(People v. Kershaw, supra, 147 Cal.App.3d at p. 754, fn. 2 .) 17 from the totality of facts and circumstances known to the officers was not.

11
People v. MacAvoygreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985Suppression is available, with certain exceptions noted below, only where the warrant is both invalid and served in bad faith; and, as to pending cases, we are told Leon is retroactive. ( People v. MacAvoy (1984) 162 Cal. App.3d 746, 760 [ 209 Cal. Rptr. 34 ]; People v. Helmquist (1984) 161 Cal. App.3d 609, 616 [ 207 Cal. Rptr. 718 ], mod. 162 Cal. App.3d 202e.) The momentous nature of the Leon decision can be appreciated by reference to Justice Brennan's bitter dissent: "It now appears that the Court's victory over the Fourth Amendment is complete.

1985Suppression is available, with certain exceptions noted below, only where the warrant is both invalid and served in bad faith; and, as to pending cases, we are told Leon is retroactive. ( People v. MacAvoy (1984) 162 Cal. App.3d 746, 760 [ 209 Cal. Rptr. 34 ]; People v. Helmquist (1984) 161 Cal. App.3d 609, 616 [ 207 Cal. Rptr. 718 ], mod. 162 Cal. App.3d 202e.) The momentous nature of the Leon decision can be appreciated by reference to Justice Brennan's bitter dissent: "It now appears that the Court's victory over the Fourth Amendment is complete.

11
People v. Helmquistgreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985Suppression is available, with certain exceptions noted below, only where the warrant is both invalid and served in bad faith; and, as to pending cases, we are told Leon is retroactive. ( People v. MacAvoy (1984) 162 Cal. App.3d 746, 760 [ 209 Cal. Rptr. 34 ]; People v. Helmquist (1984) 161 Cal. App.3d 609, 616 [ 207 Cal. Rptr. 718 ], mod. 162 Cal. App.3d 202e.) The momentous nature of the Leon decision can be appreciated by reference to Justice Brennan's bitter dissent: "It now appears that the Court's victory over the Fourth Amendment is complete.

1985Suppression is available, with certain exceptions noted below, only where the warrant is both invalid and served in bad faith; and, as to pending cases, we are told Leon is retroactive. ( People v. MacAvoy (1984) 162 Cal. App.3d 746, 760 [ 209 Cal. Rptr. 34 ]; People v. Helmquist (1984) 161 Cal. App.3d 609, 616 [ 207 Cal. Rptr. 718 ], mod. 162 Cal. App.3d 202e.) The momentous nature of the Leon decision can be appreciated by reference to Justice Brennan's bitter dissent: "It now appears that the Court's victory over the Fourth Amendment is complete.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
People v. Green green
calctapp · 1952
2 sentences

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

21959–1959
People v. Vosburg green
calctapp · 1954
2 sentences

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

1959(People v. Green (1952), 111 Cal.App.2d 794 [ 245 P.2d 526 ]; People v. Vosburg (1954), 123 Cal.App.2d 535 [ 266 P.2d 927 ].) Although the fact that a defendant testified to certain matters on direct examination does not automatically permit cross-examination on those matters (see People v. Wells (1949), 33 Cal.2d 330, 340 [ 202 P.2d 53 ], to the effect that the “open the gates doctrine” does not always apply), here the questions asked dealt directly with a subject important to defendant’s defense.

21959–1959
In Re Freeman green
cal · 2006
1 sentence

2021For example, in In re Freeman (2006) 38 Cal.4th 630 , the petitioner claimed the prosecutor had struck prospective jurors he believed were Jewish.

12021–2021
Illinois v. Gates green
scotus · 1983
1 sentence

2016Gates noted "[o]ur decisions applying the totality-of-the-circumstances analysis . . . have consistently recognized the value of corroboration of details of an informant's tip by independent police work . . . [and] an officer 'may rely upon information received through an informant, rather than upon his direct observations, so long as the informant's statement is reasonably corroborated by other matters within the officer's knowledge.' " (Illinois v. Gates, supra, 462 U.S. at pp. 241-242.) Here, the tip (that Benford recently had a gun) was circumstantially corroborated by the independent disc

12016–2016
People v. Alvarado green
calctapp · 2006
1 sentence

2016(People v. Alvarado (2006) 141 Cal.App.4th 1577 (Alvarado).) He alternatively claims his counsel was ineffective for not objecting and reversal is warranted based on ineffective assistance of counsel. 6 Indeed, Gates's analysis undermines Benford's claim that the tip can provide no support for the probable cause finding.

12016–2016
Bonner v. City of Santa Ana green
calctapp · 1996
2 sentences

2001In Bonner v. City of Santa Ana (1996) 45 Cal.App.4th 1465 , 53 Cal.Rptr.2d 671 , the plaintiff was a homeless person who kept all of his property in a trash bag which he stored in some bushes near the city hall.

2001In Bonner v. City of Santa Ana (1996) 45 Cal.App.4th 1465 , 53 Cal.Rptr.2d 671 , the plaintiff was a homeless person who kept all of his property in a trash bag which he stored in some bushes near the city hall.

12001–2001
Gates v. Jensen green
wash · 1979
2 sentences

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

11990–1990
Cobbs v. Grant green
cal · 1972
2 sentences

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

11990–1990
Keogan v. Holy Family Hospital green
wash · 1980
2 sentences

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

11990–1990
Truman v. Thomas green
cal · 1980
2 sentences

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

1990(See also Annot., Malpractice—Alternative Diagnosis Modes (1985) 38 A.L.R.4th 900 .) The cases discussed above ( Cobbs, supra, 8 Cal.3d 229 ; Truman, supra, 27 Cal.3d 285 ; Gates, supra, 595 P.2d 919 ; and Keogan, supra, 622 P.2d 1246 ) uniformly involved the liability of treating physicians or therapists.

11990–1990
United States v. Leon green
scotus · 1984
2 sentences

1985(Id., at p. 906 [ 82 L.Ed.2d at p. 687 ].) A warrant’s validity is no longer the sole inquiry at a suppression hearing, merely a first step in the analysis.

1985(Id., at p. 906 [ 82 L.Ed.2d at p. 687 ].) A warrant’s validity is no longer the sole inquiry at a suppression hearing, merely a first step in the analysis.

11985–1985
City of Eureka v. Armstrong neutral
cal · 1890
1 sentence

1902(City of Eureka v. Armstrong, 83 Cal. 623 .) Appellant contends that Mrs. Gates’s claim of ownership of the street, and the fact that she was using it, and the fact that her house occupied a part of it, were sufficient notice to purchasers that her deed to Close and Gates was not intended as a dedication or offer to dedicate.

11902–1902

Where else courts name it

TX 31 (1984–2017) IL 15 (1984–2026) PA 13 (1998–2026) NY 10 (1985–1989) CA 9 (1902–2021) ID 8 (1967–1992) GA 8 (1978–2023) FL 8 (1986–2006) UT 8 (1985–1993) MD 8 (1984–2007) MS 7 (1985–2026) CO 7 (1986–1998) CT 7 (1985–2010) TN 6 (1989–2025) KY 6 (2014–2026) IA 6 (1976–1992) WY 5 (2010–2026) VT 5 (1987–2009) MT 5 (1983–2001) MN 5 (1984–2002) OK 4 (1987–1992) MA 4 (1984–2001) KS 3 (2003–2007) AL 3 (1985–2007) AZ 2 (1991–2015) NH 2 (1986–1988) OH 2 (1988–2008) IN 2 (2010–2018) MI 2 (1984–1993) RI 2 (2001–2021) LA 2 (1984–1984) NJ 2 (1986–1987) WV 2 (1986–1987) SD 2 (2000–2004) ME 2 (1993–1996) HI 2 (2011–2011)

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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