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7 New Jersey opinions name it 3 courts 1957–2024 2 in the last five years
The cases below were cited by New Jersey 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. Gene Hinton (070386)green2 sentences2024Instead, Article I, Paragraph 7 . . . 'requires only that an expectation of privacy be reasonable.'" Hinton, 216 N.J. at 236 (quoting State v. Hempele, 120 N.J. 182, 200 (1990)). "'Expectations of privacy are established by general social norms,' and must align with the 'aims of a free and open society.'" State v. Taylor, 440 N.J. 2021See State v. Hinton, 216 N.J. 211, 236 (2013) (“Unlike the federal test, the New Jersey constitutional standard does not require the 18 defendant to prove a subjective expectation of privacy.”). | 1 | 3 |
State v. Hempelegreen2 sentences2024Instead, Article I, Paragraph 7 . . . 'requires only that an expectation of privacy be reasonable.'" Hinton, 216 N.J. at 236 (quoting State v. Hempele, 120 N.J. 182, 200 (1990)). "'Expectations of privacy are established by general social norms,' and must align with the 'aims of a free and open society.'" State v. Taylor, 440 N.J. 2013In Hempele, supra, 120 N.J. at 198-99 , this Court rejected the federal two-pronged analysis because it “entails an arbitrary distinction between facts that manifest a 8 The distinction between the standing and substantive inquiries is illustrated by a defendant who claims he did not consent to a search that resulted in firearms charges, and who files a motion to suppress on that ground. | 1 | 2 |
State of New Jersey v. Dqwan A. Taylorgreen1 sentence2024Instead, Article I, Paragraph 7 . . . 'requires only that an expectation of privacy be reasonable.'" Hinton, 216 N.J. at 236 (quoting State v. Hempele, 120 N.J. 182, 200 (1990)). "'Expectations of privacy are established by general social norms,' and must align with the 'aims of a free and open society.'" State v. Taylor, 440 N.J. | 1 | 1 |
New York v. Classgreen2 sentences2002In that case, we expressly extended to license plates the Supreme Court’s analysis in New York v. Class, 475 U.S. 106, 114 , 106 S.Ct. 960, 966 , 89 L.Ed.2d 81, 90 (1986), which held that there was no reasonable expectation of privacy in an object required by law to be placed in plain view on an automobile exterior. 2002In that case, we expressly extended to license plates the Supreme Court’s analysis in New York v. Class, 475 U.S. 106, 114 , 106 S.Ct. 960, 966 , 89 L.Ed.2d 81, 90 (1986), which held that there was no reasonable expectation of privacy in an object required by law to be placed in plain view on an automobile exterior. | 1 | 1 |
State v. Donisgreen2 sentences2002We took a similar approach in Donis, supra, 157 N.J. at 54, 723 A.2d 35 , where we upheld “random” MDT checks against a New Jersey constitutional challenge under Article I, paragraph 7 of the New Jersey Constitution, in a case in which the police did not apply any objective criteria in choosing whose plates to run. 2002We took a similar approach in Donis, supra, 157 N.J. at 54, 723 A.2d 35 , where we upheld “random” MDT checks against a New Jersey constitutional challenge under Article I, paragraph 7 of the New Jersey Constitution, in a case in which the police did not apply any objective criteria in choosing whose plates to run. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Mark
green
2 sentences2013In Mark, this Court did not evaluate the facts before it in accordance with the analysis that we apply to this case but focused instead upon the reasonableness of the police conduct in light of the “particular facts presented.” Mark, supra, 46 N.J. at 275 . 37 three-day notice period -– preventing the landlord from conducting a lockout -– this status would change at the end of the three days. 2013In Mark, this Court did not evaluate the facts before it in accordance with the analysis that we apply to this case but focused instead upon the reasonableness of the police conduct in light of the “particular facts presented.” Mark, supra, 46 N.J. at 275 . 37 three-day notice period -– preventing the landlord from conducting a lockout -– this status would change at the end of the three days. | 1 | 2013–2013 |
Matter of Baby M.
yellow
2 sentences1995In affirming the availability of a reasonableness hearing, our Supreme Court stated: Because we agree with the court below that such an appeal is provided for in the statute itself, we do not reach the question of whether such a hearing may be constitutionally required, see, e.g., In re Baby M, 109 N.J. 396, 450-51 , 537 A.2d 1227 (1988), and we express no view in respect of the Appellate Division’s constitutional analysis. [Ocean Pines, Ltd. v. Pt. 1995In affirming the availability of a reasonableness hearing, our Supreme Court stated: Because we agree with the court below that such an appeal is provided for in the statute itself, we do not reach the question of whether such a hearing may be constitutionally required, see, e.g., In re Baby M, 109 N.J. 396, 450-51 , 537 A.2d 1227 (1988), and we express no view in respect of the Appellate Division’s constitutional analysis. [Ocean Pines, Ltd. v. Pt. | 1 | 1995–1995 |
Sunday Lake Iron Co. v. Township of Wakefield
green
2 sentences1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni 1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni | 1 | 1957–1957 |
Sioux City Bridge Co. v. Dakota County
green
2 sentences1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni 1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni | 1 | 1957–1957 |
Township of Hillsborough v. Cromwell
green
2 sentences1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni 1957Co. case (23 N.J. at pages 569-571), the court announced that the New Jersey constitutional requirement for taxation of all real property assessed for the support of local government "according to the same standard of value," Article VIII, Section I, paragraph 1, implied the dominant principle of "equality of treatment and burden"; that this provision constitutes the New Jersey State sanction against discriminatory assessment; and that the principle stated is essentially the same requirement as is enforced against the states by the Equal Protection Clause of the Fourteenth Amendment of the Uni | 1 | 1957–1957 |