exigent circumstance exception (Idaho) · Go Syfert
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exigent circumstance exception in Idaho

7 Idaho opinions name it 2 courts 2001–2021 1 in the last five years

The cases below were cited by Idaho 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
State v. Robinsongreen
idahoctapp · 2007 · cited in 5 Idaho opinions naming this issue, 2016–2021
2 sentences

2021Id. (citing State v. Robinson, 144 Idaho 496, 501 , 163 P.3d 1208, 1213 (Ct. App. 2007)).

2021Id. (citing State v. Robinson, 144 Idaho 496, 501 , 163 P.3d 1208, 1213 (Ct. App. 2007)).

55
State v. Buterbaughgreen
idahoctapp · 2002 · cited in 5 Idaho opinions naming this issue, 2016–2021
2 sentences

2021State v. Smith, 159 Idaho 865 , 868–69, 367 P.3d 260 , 263–64 (Ct. App. 2016) (citing State v. Buterbaugh, 138 Idaho 96, 99 , 57 P.3d 807, 810 (Ct. App. 2002)).

2021State v. Smith, 159 Idaho 865 , 868–69, 367 P.3d 260 , 263–64 (Ct. App. 2016) (citing State v. Buterbaugh, 138 Idaho 96, 99 , 57 P.3d 807, 810 (Ct. App. 2002)).

55
State v. Bohlingred
wis · 1993 · cited in 1 Idaho opinions naming this issue, 2001–2001
2 sentences

2001Schmerber, 384 U.S. at 770-71 , 86 S.Ct. at 1836 , 16 L.Ed.2d at 919-20 ; see also Ray, 854 P.2d at 747 (Society’s interest in obtaining timely and accurate measurement of a motorist’s blood alcohol content is necessarily greater in cases where the motorist has killed or injured another person and thus the legislature could reasonably conclude that society’s interests outweigh the normal DUI policy of discouraging confrontation between police and motorists.); State v. Bohling, 173 Wis.2d 529 , 494 N.W.2d 399, 401-02 (1993).

2001Schmerber, 384 U.S. at 770-71 , 86 S.Ct. at 1836 , 16 L.Ed.2d at 919-20 ; see also Ray, 854 P.2d at 747 (Society’s interest in obtaining timely and accurate measurement of a motorist’s blood alcohol content is necessarily greater in cases where the motorist has killed or injured another person and thus the legislature could reasonably conclude that society’s interests outweigh the normal DUI policy of discouraging confrontation between police and motorists.); State v. Bohling, 173 Wis.2d 529 , 494 N.W.2d 399, 401-02 (1993).

11
Municipality of Anchorage v. Raygreen
alaskactapp · 1993 · cited in 1 Idaho opinions naming this issue, 2001–2001
1 sentence

2001Schmerber, 384 U.S. at 770-71 , 86 S.Ct. at 1836 , 16 L.Ed.2d at 919-20 ; see also Ray, 854 P.2d at 747 (Society’s interest in obtaining timely and accurate measurement of a motorist’s blood alcohol content is necessarily greater in cases where the motorist has killed or injured another person and thus the legislature could reasonably conclude that society’s interests outweigh the normal DUI policy of discouraging confrontation between police and motorists.); State v. Bohling, 173 Wis.2d 529 , 494 N.W.2d 399, 401-02 (1993).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State v. Anthony Kyle Smith green
idahoctapp · 2016
2 sentences

2021State v. Smith, 159 Idaho 865 , 868–69, 367 P.3d 260 , 263–64 (Ct. App. 2016) (citing State v. Buterbaugh, 138 Idaho 96, 99 , 57 P.3d 807, 810 (Ct. App. 2002)).

2021State v. Smith, 159 Idaho 865 , 868–69, 367 P.3d 260 , 263–64 (Ct. App. 2016) (citing State v. Buterbaugh, 138 Idaho 96, 99 , 57 P.3d 807, 810 (Ct. App. 2002)).

12021–2021
State v. Worthington green
idahoctapp · 2002
2 sentences

2008As we stated in Worthington, 138 Idaho at 475 , 65 P.3d at 216 : If the officer exceeded his authority [to order a blood draw pursuant to I.C. § 18-8002(6) ], the aggrieved party was the lab technician who received the unlawful order, not [the defendant] who, by virtue of the exigent circumstance exception to the warrant requirement and Idaho’s implied consent statute, had no legal entitlement to refuse or prevent the blood draw----[A] defendant may not raise a violation of a third party’s rights as a basis for the suppression of evidence.

2008As we stated in Worthington, 138 Idaho at 475 , 65 P.3d at 216 : If the officer exceeded his authority [to order a blood draw pursuant to I.C. § 18-8002(6) ], the aggrieved party was the lab technician who received the unlawful order, not [the defendant] who, by virtue of the exigent circumstance exception to the warrant requirement and Idaho’s implied consent statute, had no legal entitlement to refuse or prevent the blood draw----[A] defendant may not raise a violation of a third party’s rights as a basis for the suppression of evidence.

12008–2008
Schmerber v. California green
scotus · 1966
2 sentences

2001Schmerber, 384 U.S. at 770-71 , 86 S.Ct. at 1836 , 16 L.Ed.2d at 919-20 ; see also Ray, 854 P.2d at 747 (Society’s interest in obtaining timely and accurate measurement of a motorist’s blood alcohol content is necessarily greater in cases where the motorist has killed or injured another person and thus the legislature could reasonably conclude that society’s interests outweigh the normal DUI policy of discouraging confrontation between police and motorists.); State v. Bohling, 173 Wis.2d 529 , 494 N.W.2d 399, 401-02 (1993).

2001Schmerber, 384 U.S. at 770-71 , 86 S.Ct. at 1836 , 16 L.Ed.2d at 919-20 ; see also Ray, 854 P.2d at 747 (Society’s interest in obtaining timely and accurate measurement of a motorist’s blood alcohol content is necessarily greater in cases where the motorist has killed or injured another person and thus the legislature could reasonably conclude that society’s interests outweigh the normal DUI policy of discouraging confrontation between police and motorists.); State v. Bohling, 173 Wis.2d 529 , 494 N.W.2d 399, 401-02 (1993).

12001–2001

Statutes the citing opinions construe

ID § Idaho Code § 18-8002 (3) ID § Idaho Code § 18-8004 (3)

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.

Where else courts name it

MI 8 (1982–2025) PA 7 (1984–2021) ID 7 (2001–2021) NJ 7 (1989–2022) TX 6 (2003–2016) GA 5 (1986–2013) TN 4 (1990–2019) FL 4 (1985–2016) IL 4 (2000–2007) MO 4 (1990–2023) LA 4 (2001–2020) VA 3 (2013–2025) WI 3 (1993–2023) AZ 3 (1989–1998) OH 3 (2000–2013) WA 3 (2006–2018) CA 3 (1991–2021) NY 2 (1992–2009) NM 2 (2010–2012)

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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