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8 Rhode Island opinions name it 2 courts 1989–2023 1 in the last five years
The cases below were cited by Rhode Island 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. Wernergreen2 sentences2018Finally, the trial justice noted that, “if the police had gone and got the warrant [before impounding the vehicle], they would have received the warrant based on * * * probable cause and obtained the same evidence.” Accordingly, the trial justice declared that this case fell squarely within the holding of State v. Werner, 615 A.2d 1010 (R.I. 1992), and therefore the automobile exception to the warrant requirement clearly applied to the facts of this case. 2018Finally, the trial justice noted that, "if the police had gone and got the warrant [before impounding the vehicle], they would have received the warrant based on * * * probable cause and obtained the same evidence." Accordingly, the trial justice declared that this case fell squarely within the holding of State v. Werner , 615 A.2d 1010 (R.I. 1992), and therefore the automobile exception to the warrant requirement clearly applied to the facts of this case. | 2 | 4 |
State v. Benoitgreen2 sentences2018This Court has held that, in the absence of a warrant, the automobile exception "permits a warrantless search of an automobile if there is probable cause to believe that its contents offend against the law * * * and if the attendant circumstances are exigent because the delay incident to obtaining a warrant would create a potential for the vehicle to be moved or its illegal contents disturbed." State v. Benoit , 117 R.I. 69 , 72, 363 A.2d 207 , 210 (1976). 2018This Court has held that, in the absence of a warrant, the automobile exception "permits a warrantless search of an automobile if there is probable cause to believe that its contents offend against the law * * * and if the attendant circumstances are exigent because the delay incident to obtaining a warrant would create a potential for the vehicle to be moved or its illegal contents disturbed." State v. Benoit , 117 R.I. 69 , 72, 363 A.2d 207 , 210 (1976). | 1 | 2 |
United States v. Orthgreen1 sentence2023See United States v. Orth, 873 F.3d 349, 353-54 (1st Cir. 2017) (holding that in determining the lawfulness of a traffic stop, the court must first consider “whether the initial stop was justified; and second, whether the police had a legal basis to justify an investigation beyond the scope of the reason for the stop itself”). | 1 | 1 |
State v. Milettegreen2 sentences2013See State v. Milette, 727 A.2d 1236, 1239-40 (R.I.1999) (discussing the protective-search doctrine); State v. Werner, 615 A.2d 1010, 1013 (R.I.1992) (discussing the automobile exception). 2013See State v. Milette, 727 A.2d 1236, 1239-40 (R.I.1999) (discussing the protective-search doctrine); State v. Werner, 615 A.2d 1010, 1013 (R.I.1992) (discussing the automobile exception). | 1 | 1 |
State v. Chiellinigreen1 sentence1992See State v. Chiellini, 557 A.2d 1195 (R.I.1989); State v. Benoit, 417 A.2d 895 (R.I.1980). | 1 | 1 |
Texas v. Whitegreen2 sentences1989Id. at 900-01 ; see generally Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), and Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975). 1989Id. at 900-01 ; see generally Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), and Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975). | 1 | 1 |
Chambers v. Maroneygreen2 sentences1989Id. at 900-01 ; see generally Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), and Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975). 1989Id. at 900-01 ; see generally Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), and Texas v. White, 423 U.S. 67 , 96 S.Ct. 304 , 46 L.Ed.2d 209 (1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Ziobrowski
green
2 sentences1992See State v. Chiellini, 557 A.2d 1195 (R.I.1989); State v. Benoit, 417 A.2d 895 (R.I.1980). 1992In Benoit we departed from the minimum standard of the Fourth Amendment and increased the level of protection under article I, section 6, of our State Constitution because of the great instability surrounding the exigency requirement of the automobile exception. 417 A.2d at 900 n.1. | 2 | 1989–1992 |
Michigan v. Long
green
2 sentences2013Given our disposition that the search was reasonable under Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983), we do not express any opinion on the parties’ arguments concerning inevitable discovery pursuant to an inventory search, search incident to arrest, or the automobile exception. 2013Given our disposition that the search was reasonable under Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983), we do not express any opinion on the parties’ arguments concerning inevitable discovery pursuant to an inventory search, search incident to arrest, or the automobile exception. | 1 | 2013–2013 |
United States v. Michael Patterson
green
1 sentence2002Id. | 1 | 2002–2002 |
United States v. Kenneth Edward Bullock, A/K/A K.B., A/K/A Pete
green
1 sentence2002Likewise in United States v. Bullock, 94 F.3d 896 , 899 (4th Cir. 1996), the Fourth Circuit Court of Appeals found that after officers observed a large bundle of money, two cellular telephones, a beeper, and a fully loaded 15-round, 9 millimeter clip of "Black Talon" ammunition, police had sufficient probable cause under the automobile exception to cut open the door to a secret compartment located behind the rear seat. | 1 | 2002–2002 |
People v. Gonzalez
green
1 sentence2002The same result was reached in Illinois v. Gonzalez, 316 Ill. | 1 | 2002–2002 |
Terry v. Ohio
green
2 sentences2002Accordingly, Defendant's motion to suppress is denied. 1 See Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 (1968) (permitting an officer to carefully explore the outer surfaces of a person's clothing in an attempt to find a weapon during an investigatory stop.) 2 The State did not argue inevitable discovery of the contraband through an inventory search. 2002Accordingly, Defendant's motion to suppress is denied. 1 See Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 (1968) (permitting an officer to carefully explore the outer surfaces of a person's clothing in an attempt to find a weapon during an investigatory stop.) 2 The State did not argue inevitable discovery of the contraband through an inventory search. | 1 | 2002–2002 |
United States v. Edmond Clyde Sample
green
2 sentences2002In United States v. Sample, 136 F.3d 562 , 564 (8th Cir. 1998), police officers attempted to stop Sample for reckless driving. 2002Sample, 136 F.3d at 564 . | 1 | 2002–2002 |
Maryland v. Dyson
green
1 sentence2002Dyson, 527 U.S. at 466-67 ; accord State v. Werner, 615 A.2d 1010 , 1013 (R.I. 1992). | 1 | 2002–2002 |
Venable v. Import Volkswagen, Inc.
green
1 sentence2000Kansas — When an insurer repairs an automobile under the clause of the policy "to repair or replace the damaged or stolen property or part with other of like kind and quality less depreciation," the insurer is obligated to put the automobile in "substantially the same condition it was prior to the collision so as to render it as valuable and serviceable as before." Venable v. Import Volkswagen, Inc., 519 P.2d 667 , 672 (Kan. 1974). | 1 | 2000–2000 |
Carroll v. United States
green
2 sentences1992One of the early exceptions to the Fourth Amendment warrant requirement is the so-called automobile exception delineated by the Court in Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925). 1992One of the early exceptions to the Fourth Amendment warrant requirement is the so-called automobile exception delineated by the Court in Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925). | 1 | 1992–1992 |
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.