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

7 Alaska opinions name it 2 courts 1973–2009 0 in the last five years

The cases below were cited by Alaska 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
Katz v. United Statesgreen
scotus · 1967 · cited in 4 Alaska opinions naming this issue, 1979–2009
2 sentences

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

44
Smith v. Stategreen
alaska · 1973 · cited in 2 Alaska opinions naming this issue, 2002–2009
2 sentences

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

2002In Smith v. State, 510 P.2d 793, 797 (Alaska 1973), the Alaska Supreme Court adopted this test as the appropriate standard for determining what constitutes a protected privacy interest under the Alaska Constitution.

12
State v. Glassgreen
alaska · 1978 · cited in 1 Alaska opinions naming this issue, 2009–2009
1 sentence

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

11
Risher v. Stategreen
alaska · 1974 · cited in 1 Alaska opinions naming this issue, 1992–1992
1 sentence

1992In Risher v. State, 523 P.2d 421, 424-25 (Alaska 1974), the Alaska Supreme Court, construing the Alaska Constitution, adopted a twofold standard for ineffective assistance of counsel.

11
Johnson v. Stategreen
alaskactapp · 1981 · cited in 1 Alaska opinions naming this issue, 1985–1985
1 sentence

1985Giacomazzi v. State, 633 P.2d at 222 ; Troyer v. State, 614 P.2d at 318; Johnson v. State, 631 P.2d 508, 512 (Alaska App.1981) This bifurcated standard applies equally in cases involving the voluntariness of Miranda waivers and the voluntariness of confessions.

11
Nathanson v. Stategreen
alaska · 1976 · cited in 1 Alaska opinions naming this issue, 1979–1979
2 sentences

1979See also Nathanson v. State, 554 P.2d 456 (Alaska 1976).

1979See also Nathanson v. State, 554 P.2d 456 (Alaska 1976).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Bell v. Wolfish green
scotus · 1979
2 sentences

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

2009See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring) ("My understanding of the rule that has emerged from prior decisions is that there 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.' "); see also State v. Glass, 583 P.2d 872 , 875 & n. 9 (Alaska 1978) (applying Justice Harlan's articulation of the rule in Katz under Alaska law); Smith v. State, 510 P.2d 793, 797 (Alaska 1973) (sam

12009–2009
Giacomazzi v. State green
alaska · 1981
1 sentence

1985Giacomazzi v. State, 633 P.2d at 222 ; Troyer v. State, 614 P.2d at 318; Johnson v. State, 631 P.2d 508, 512 (Alaska App.1981) This bifurcated standard applies equally in cases involving the voluntariness of Miranda waivers and the voluntariness of confessions.

11985–1985
Terry v. Ohio green
scotus · 1968
2 sentences

1973Thus a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the `plain view' of outsiders are not `protected' because no intention to keep them to himself has been exhibited." 389 U.S. at 361, 88 S.Ct. at 516 , 19 L.Ed.2d at 587-588.

1973Thus a man’s home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the ‘plain view’ of outsiders are not ‘protected’ because no intention to keep them to himself has been exhibited.” 389 U.S. at 361, 88 S.Ct. at 516 , 19 L.Ed,2d at 587-588.

11973–1973

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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