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7 New Jersey opinions name it 2 courts 1970–1995 0 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 |
|---|---|---|
Terry v. Ohiogreen2 sentences1993Determining the reasonableness of any search involves a twofold inquiry: first, one must consider "whether the ... action was justified at its inception," Terry v. Ohio, 392 U.S. [1] at 20, 88 S.Ct. 1868 , [1879, 20 L.Ed. 2d 889 ;] second, one must determine whether the search as actually conducted "was reasonably related in scope to the circumstances which justified the interference in the first place," ibid. [ Ibid. ] T.L.O. involved an individualized suspicion that a student had been smoking in a lavatory, contrary to school rules. 1993Determining the reasonableness of any search involves a twofold inquiry: first, one must consider "whether the ... action was justified at its inception," Terry v. Ohio, 392 U.S. [1] at 20, 88 S.Ct. 1868 , [1879, 20 L.Ed. 2d 889 ;] second, one must determine whether the search as actually conducted "was reasonably related in scope to the circumstances which justified the interference in the first place," ibid. [ Ibid. ] T.L.O. involved an individualized suspicion that a student had been smoking in a lavatory, contrary to school rules. | 1 | 3 |
Katz v. United Statesgreen2 sentences1990Under that analysis the determination of fourth-amendment protections rests on "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 361 , 88 S.Ct. at 516 , 19 L.Ed. 2d at 588 (Harlan, J., concurring). 1990Under that analysis the determination of fourth-amendment protections rests on "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 361 , 88 S.Ct. at 516 , 19 L.Ed. 2d at 588 (Harlan, J., concurring). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
New Jersey v. T. L. O.
green
2 sentences1995Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. [ 469 U.S. at 341-342 , 105 S.Ct. at 742-743 , 83 L.Ed. 2d at 734 -735 (quoting Terry v. Ohio, 392 U.S. 1, 20 , 88 S.Ct. 1868, 1879 , 20 L.Ed. 2d 889, 905 (1968)).] Applying this standard to the facts before us, we have no hesitancy in upholding the search of J.Z. 1995Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. [ 469 U.S. at 341-342 , 105 S.Ct. at 742-743 , 83 L.Ed. 2d at 734 -735 (quoting Terry v. Ohio, 392 U.S. 1, 20 , 88 S.Ct. 1868, 1879 , 20 L.Ed. 2d 889, 905 (1968)).] Applying this standard to the facts before us, we have no hesitancy in upholding the search of J.Z. | 1 | 1995–1995 |
Security And Law Enforcement Employees v. Carey
green
2 sentences1986(Harlan, J., concurring): 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." [ Id. ] The second prong of the reasonableness test as described in Carey requires an examination of the justification asserted for the searches in promoting legitimate government interests. 737 F. 2d at 202 . 1986Recognizing that correctional facilities are unique places "fraught with serious security dangers," Bell v. Wolfish, 441 U.S. at 559 , 99 S.Ct. at 1884 , 60 L.Ed. 2d at 481 , and that it is not uncommon for inmates to obtain drugs, weapons, and other contraband, the court in Carey observes that "security problems faced by prison administrators are difficult, complex and challenging," and that there is a legitimate penological imperative "of maintaining prison security and preserving internal order and discipline." 737 F. 2d at 203 . | 1 | 1986–1986 |
Bell v. Wolfish
green
2 sentences1986Recognizing that correctional facilities are unique places "fraught with serious security dangers," Bell v. Wolfish, 441 U.S. at 559 , 99 S.Ct. at 1884 , 60 L.Ed. 2d at 481 , and that it is not uncommon for inmates to obtain drugs, weapons, and other contraband, the court in Carey observes that "security problems faced by prison administrators are difficult, complex and challenging," and that there is a legitimate penological imperative "of maintaining prison security and preserving internal order and discipline." 737 F. 2d at 203 . 1986Recognizing that correctional facilities are unique places "fraught with serious security dangers," Bell v. Wolfish, 441 U.S. at 559 , 99 S.Ct. at 1884 , 60 L.Ed. 2d at 481 , and that it is not uncommon for inmates to obtain drugs, weapons, and other contraband, the court in Carey observes that "security problems faced by prison administrators are difficult, complex and challenging," and that there is a legitimate penological imperative "of maintaining prison security and preserving internal order and discipline." 737 F. 2d at 203 . | 1 | 1986–1986 |
Brinegar v. San Ore Construction Company
green
1 sentence1970Brinegar, supra, points out the twofold test for determination of whether a person is a “seaman,” namely, (1) Was he a member of a crew of a vessel? (2) Was he in the course of his employment? | 1 | 1970–1970 |
cluster 248059
green
1 sentence1970In Offshore Co. v. Robinson, 266 F. 2d 769 , 75 A. L. | 1 | 1970–1970 |
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.