7 Hawaii opinions name it 2 courts 1961–2016 0 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. Gutierrezgreen2 sentences2011According to the New Mexico court, "[h]owever, unlike the federal exclusionary rule and the laws of some other states, [the courts of New Mexico's] approach to the exclusionary rule under the New Mexico Constitution" "`focuses on the constitutional right of the accused to be free from unreasonable search and seizure.'" Id. (quoting State v. Gutierrez, 116 N.M. 431 , 863 P.2d 1052, 1067 (1993)) (other citation omitted). 2011According to the New Mexico court, "[h]owever, unlike the federal exclusionary rule and the laws of some other states, [the courts of New Mexico's] approach to the exclusionary rule under the New Mexico Constitution" "`focuses on the constitutional right of the accused to be free from unreasonable search and seizure.'" Id. (quoting State v. Gutierrez, 116 N.M. 431 , 863 P.2d 1052, 1067 (1993)) (other citation omitted). | 1 | 1 |
State v. Rodriguezgreen2 sentences1996See State v. Rodriguez, 110 Or.App. 544 , 823 P.2d 1026, 1029-30 (1992), rev’d on other grounds, 317 Or. 27 , 854 P.2d 399, 403-04 (1993); cf. Quigley, supra, at 325 ("In the case of evidence illegally seized by federal officers that is admissible in federal court because of an exception to the federal exclusionary rule, states should exclude the evidence consistent with their own exclusionary rule.”). 1996See State v. Rodriguez, 110 Or.App. 544 , 823 P.2d 1026, 1029-30 (1992), rev’d on other grounds, 317 Or. 27 , 854 P.2d 399, 403-04 (1993); cf. Quigley, supra, at 325 ("In the case of evidence illegally seized by federal officers that is admissible in federal court because of an exception to the federal exclusionary rule, states should exclude the evidence consistent with their own exclusionary rule.”). | 1 | 1 |
State v. Rodriguezgreen2 sentences1996See State v. Rodriguez, 110 Or.App. 544 , 823 P.2d 1026, 1029-30 (1992), rev’d on other grounds, 317 Or. 27 , 854 P.2d 399, 403-04 (1993); cf. Quigley, supra, at 325 ("In the case of evidence illegally seized by federal officers that is admissible in federal court because of an exception to the federal exclusionary rule, states should exclude the evidence consistent with their own exclusionary rule.”). 1996See State v. Rodriguez, 110 Or.App. 544 , 823 P.2d 1026, 1029-30 (1992), rev’d on other grounds, 317 Or. 27 , 854 P.2d 399, 403-04 (1993); cf. Quigley, supra, at 325 ("In the case of evidence illegally seized by federal officers that is admissible in federal court because of an exception to the federal exclusionary rule, states should exclude the evidence consistent with their own exclusionary rule.”). | 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. Bridges
red
2 sentences2011In the instant ease, however, we need not, and do not, decide that issue. 83 Hawai'i at 199 n. 15, 925 P.2d at 369 n. 15. 2010Bridges, 83 Hawai'i at 199 n. 15, 925 P.2d at 369 n. 15 (emphasis added). | 2 | 2010–2011 |
State v. Lopez
green
2 sentences2016Lopez, 78 Hawai'i at 446 , 896 P.2d at 902 . . 2016Lopez, 78 Hawai'i at 446 , 896 P.2d at 902 . . | 1 | 2016–2016 |
State v. Snyder
green
1 sentence2011According to the New Mexico court, "[h]owever, unlike the federal exclusionary rule and the laws of some other states, [the courts of New Mexico's] approach to the exclusionary rule under the New Mexico Constitution" "`focuses on the constitutional right of the accused to be free from unreasonable search and seizure.'" Id. (quoting State v. Gutierrez, 116 N.M. 431 , 863 P.2d 1052, 1067 (1993)) (other citation omitted). | 1 | 2011–2011 |
Lee v. Florida
green
2 sentences1995Thus, because of the importance of the PCA stemming from the traditional American antipathy towards military involvement in civilian affairs, and the historical significance of military governance in the Territory of Hawai`i during World War II, we simply cannot wait for "widespread and repeated" violations of the PCA before invoking our counterpart to the federal exclusionary rule as a deterrent to potential future violations. [8] And, while the PCA, as many courts have noted, contains its own independent mechanism for enforcement, i.e., "serious criminal sanctions," see majority at 466, 896 1995Thus, because of the importance of the PCA stemming from the traditional American antipathy towards military involvement in civilian affairs, and the historical significance of military governance in the Territory of Hawai`i during World War II, we simply cannot wait for "widespread and repeated" violations of the PCA before invoking our counterpart to the federal exclusionary rule as a deterrent to potential future violations. [8] And, while the PCA, as many courts have noted, contains its own independent mechanism for enforcement, i.e., "serious criminal sanctions," see majority at 466, 896 | 1 | 1995–1995 |
Laird v. Tatum
green
2 sentences1995For example, our country's resistance to any military intrusion into civilian affairs “found early expression ... in the Third Amendment's explicit prohibition against quartering soldiers in private homes without consent and in the constitutional provisions for civilian control of the military.” Laird v. Tatum, 408 U.S. 1, 15-16 , 92 S.Ct. 2318, 2326-27 , 33 L.Ed.2d 154 (1972). . 1995For example, our country's resistance to any military intrusion into civilian affairs “found early expression ... in the Third Amendment's explicit prohibition against quartering soldiers in private homes without consent and in the constitutional provisions for civilian control of the military.” Laird v. Tatum, 408 U.S. 1, 15-16 , 92 S.Ct. 2318, 2326-27 , 33 L.Ed.2d 154 (1972). . | 1 | 1995–1995 |
State v. Pattioay
green
1 sentence1995Thus, because of the importance of the PCA stemming from the traditional American antipathy towards military involvement in civilian affairs, and the historical significance of military governance in the Territory of Hawai`i during World War II, we simply cannot wait for "widespread and repeated" violations of the PCA before invoking our counterpart to the federal exclusionary rule as a deterrent to potential future violations. [8] And, while the PCA, as many courts have noted, contains its own independent mechanism for enforcement, i.e., "serious criminal sanctions," see majority at 466, 896 | 1 | 1995–1995 |
Jones v. United States
red
1 sentence1961It is asserted, however, that under Jones v. United States, 362 U.S. 257 , defendants had standing to raise the constitutional question without affirmatively showing their interest in the premises searched or the articles seized. | 1 | 1961–1961 |
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.