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7 New Hampshire opinions name it 1 courts 1995–2018 0 in the last five years
The cases below were cited by New Hampshire 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 |
|---|---|---|
Katz v. United Statesgreen2 sentences2005We recently adopted an expectation of privacy analysis for claims under Part I, Article 19: “[T]here 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.’” Id. at 49 (quotation omitted); see Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring). 2003In Katz v. United States, 389 U.S. 347, 353 (1967), the United States Supreme Court first articulated an expectation of privacy analysis under the Fourth Amendment to the Federal Constitution. | 3 | 3 |
State v. Gossgreen2 sentences2017Goss , 150 N.H. at 48 , 834 A.2d 316 . 2005We recently adopted an expectation of privacy analysis for claims under Part I, Article 19: “[T]here 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.’” Id. at 49 (quotation omitted); see Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring). | 2 | 3 |
Commonwealth v. Krisco Corp.green2 sentences1996I would adopt the expectation of privacy analysis and remand this case to the trial court to determine in the first instance whether the defendant “(1) had a subjective expectation of privacy in the place searched . . . that (2) society would accept as reasonable.” Com. v. Krisco Corp., 653 N.E.2d 579, 582 (Mass. 1995). 1996The second element of the test “is highly dependent on the particular facts involved and [should be] determined by examining the circumstances of the case in light of several factors,” including “the nature of the intrusion, whether the government agents had a lawful right to be where they were, and the character of the location searched.” Id. | 1 | 1 |
State v. Roundsgreen1 sentence1995The Court of Appeals of Oregon, interpreting a provision of the Oregon Constitution similar to part I, article 19 of the New Hampshire Constitution, held that an expectation of privacy analysis was unnecessary where police action involved “a physical trespass to a personal effect expressly entitled to constitutional protection.” State v. Rounds, 698 P.2d 71, 73 (Or. | 1 | 1 |
United States v. Carless Jones and Eugene Harveygreen1 sentence1995E.g., United States v. Jones, 707 F.2d 1169, 1172 (10th Cir.), cert. denied, 464 U.S. 859 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Davis
green
2 sentences2018When determining "whether a warrantless search may give rise to a violation of the State Constitution, we apply an expectation of privacy analysis." Id. 2018A warrantless search implicates Part I, Article 19 only if the defendant has exhibited an actual (subjective) expectation of privacy and that expectation is one that society is prepared to recognize as "reasonable." Id. | 1 | 2018–2018 |
State v. Sterndale
green
2 sentences2017Our adoption of an expectation of privacy analysis in Goss abrogates our determination in Sterndale that "the 'reduced expectation of privacy' the Supreme Court has found inherent in an automobile under the fourth amendment is not persuasive under part I, article 19 of the New Hampshire Constitution." Sterndale , 139 N.H. at 449 , 656 A.2d 409 . 2017Our adoption of an expectation of privacy analysis in Goss abrogates our determination in Sterndale that "the 'reduced expectation of privacy' the Supreme Court has found inherent in an automobile under the fourth amendment is not persuasive under part I, article 19 of the New Hampshire Constitution." Sterndale , 139 N.H. at 449 , 656 A.2d 409 . | 1 | 2017–2017 |
State v. Valenzuela
green
1 sentence2005Id. at 181 . | 1 | 2005–2005 |
Pierce v. Volkswagen of America, Inc.
green
1 sentence1995E.g., United States v. Jones, 707 F.2d 1169, 1172 (10th Cir.), cert. denied, 464 U.S. 859 (1983). | 1 | 1995–1995 |
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.