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9 Hawaii opinions name it 2 courts 1964–2021 1 in the last five years
The cases below were cited by Hawaii 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. Brightergreen2 sentences2002Addressing circumstances under which a search warrant was issued in part on unlawfully obtained information, the Lopez court observed that "[u]nder the independent source exception, a 'search warrant is not constitutionally defective because it is based, in part, on illegally seized evidence where sufficient probable cause exists to issue the warrant without relying on the suppressed evidence.' ” Id. at 447-48 , 896 P.2d at 903 -04 (quoting Brighter). 1995The independent source exception We have stated that “ ‘[a] subsequent search even under warrant based upon the evidence obtained in the former tainted search is also tainted.’ ” Brighter, 63 Haw. at 100 , 621 P.2d at 379 (quoting State v. Boynton, 58 Haw. 530, 535 , 574 P.2d 1330, 1334 (1978)). | 1 | 2 |
Wong Sun v. United Statesgreen2 sentences1995Id. at 441—42, 104 S.Ct. at 2507-08 (citing Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)). 27 The Williams majority justified its adherence to the independent source doctrine by stating, inter alia, that “[w]hen challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation.” Id. at 443, 104 S.Ct. at 2509. (emphasis added). 1995Id. at 441—42, 104 S.Ct. at 2507-08 (citing Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)). 27 The Williams majority justified its adherence to the independent source doctrine by stating, inter alia, that “[w]hen challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation.” Id. at 443, 104 S.Ct. at 2509. (emphasis added). | 1 | 2 |
Greyhound Corporation v. Howard Sparks, Administratorgreen1 sentence2021E.g., Greyhound Corp. v. Sparks, 283 F.2d 44, 48 (5th Cir. 1960) (noting that the car was traveling at “a speed no less than 40 miles per hour (nearly 60 feet per second)”); Eggleston v. Louisiana & A. Ry. | 1 | 1 |
Jenkins v. Wisegreen2 sentences2016The AOAO is correct that “[u]nder an agreement of sale, the legal title to the property remains in the seller,” and “upon the execution and delivery of the agreement of sale, there accrues to the [buyer] an equitable interest in the land.” Jenkins v. Wise, 58 Haw. 592, 596 , 574 P.2d 1337, 1341 (1978). 2016The AOAO is correct that “[u]nder an agreement of sale, the legal title to the property remains in the seller,” and “upon the execution and delivery of the agreement of sale, there accrues to the [buyer] an equitable interest in the land.” Jenkins v. Wise, 58 Haw. 592, 596 , 574 P.2d 1337, 1341 (1978). | 1 | 1 |
State v. Boyntongreen2 sentences1995The independent source exception We have stated that “ ‘[a] subsequent search even under warrant based upon the evidence obtained in the former tainted search is also tainted.’ ” Brighter, 63 Haw. at 100 , 621 P.2d at 379 (quoting State v. Boynton, 58 Haw. 530, 535 , 574 P.2d 1330, 1334 (1978)). 1995The independent source exception We have stated that “ ‘[a] subsequent search even under warrant based upon the evidence obtained in the former tainted search is also tainted.’ ” Brighter, 63 Haw. at 100 , 621 P.2d at 379 (quoting State v. Boynton, 58 Haw. 530, 535 , 574 P.2d 1330, 1334 (1978)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Lopez
green
2 sentences2010Id. at 447-48 , 896 P.2d at 903-04 . 2002Addressing circumstances under which a search warrant was issued in part on unlawfully obtained information, the Lopez court observed that "[u]nder the independent source exception, a 'search warrant is not constitutionally defective because it is based, in part, on illegally seized evidence where sufficient probable cause exists to issue the warrant without relying on the suppressed evidence.' ” Id. at 447-48 , 896 P.2d at 903 -04 (quoting Brighter). | 2 | 2002–2010 |
State v. Poaipuni
green
1 sentence2017The Poaipuni court noted that, "[a]lthough we have characterized the independent source doctrine as an 'exception' to the exclusionary rule, it is, in essence, simply a corollary of the fruit of the poisonous tree doctrine.” Poaipuni, 98 Hawai'i at 393 n.6, 49 F.3d at 359 n.6. | 1 | 2017–2017 |
Aames Funding Corp. v. Mores
green
1 sentence2016Thus, the affidavit provided enough information to satisfy DCRCP Rule 12.1 and did not “merely assert[ ] that title was at issue!.]” Aames, 107 Hawai'i at 99 , 110 P.3d at 1046 . Í8] The AOAO argues that the agreement of sale cannot serve as the source of a claim to title because the agreement gave An only an equitable interest in the Property and legal title remained with Nose. | 1 | 2016–2016 |
Nix v. Williams
green
2 sentences2012Although inapplicable to the case before it, Williams II concluded that the independent source doctrine was “wholly consistent with and justifie[d] adoption of the inevitable discovery exception to the exclusionary rule.” Id. at 432 . 2012Although inapplicable to the case before it, Williams II concluded that the independent source doctrine was “wholly consistent with and justifie[d] adoption of the inevitable discovery exception to the exclusionary rule.” Id. at 432 . | 1 | 2012–2012 |
Montalvo v. Lapez
green
2 sentences2004The source of this instruction is Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994). 2004The source of this instruction is Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994). | 1 | 2004–2004 |
Silverthorne Lumber Co. v. United States
green
2 sentences1995Id. at 441—42, 104 S.Ct. at 2507-08 (citing Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)). 27 The Williams majority justified its adherence to the independent source doctrine by stating, inter alia, that “[w]hen challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation.” Id. at 443, 104 S.Ct. at 2509. (emphasis added). 1995Id. at 441—42, 104 S.Ct. at 2507-08 (citing Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)). 27 The Williams majority justified its adherence to the independent source doctrine by stating, inter alia, that “[w]hen challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation.” Id. at 443, 104 S.Ct. at 2509. (emphasis added). | 1 | 1995–1995 |
Warren v. Territory of Hawaii
green
2 sentences1964Close to home is Warren v. Territory, 9 Cir., 119 F.2d 936 (decided on appeal from this jurisdiction), in which it is stated at p. 938 on authority of the Silverthorne case that: "[K]nowledge of facts gained from a proper independent source such as here obtained may be used, *226 though it also may be obtained from an illegal act." Recently, in Wong Sun v. United States, 371 U.S. 471 , it was asserted in respect to the independent source doctrine (at pp. 487-488): "We need not hold that all evidence is `fruit of the poisonous tree' simply because it would not have come to light but for the ill 1964Close to home is Warren v. Territory, 9 Cir., 119 F.2d 936 (decided on appeal from this jurisdiction), in which it is stated at p. 938 on authority of the Silverthorne case that: “[K] nowledge of facts gained from a proper independent source such as here obtained may be used, though it also may be obtained from an illegal act.” Recently, in Wong Sun v. United States, 371 U.S. 471 , it was asserted in respect to the independent source doctrine (at pp.-487-488) : “We need not bold that all' evidence is ‘fruit of the poisonous tree’ simply because it would not have come to light but for the illeg | 1 | 1964–1964 |
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.