7 Rhode Island opinions name it 2 courts 1968–2005 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
Link v. Stategreen2 sentences1998Section 31-27-2(e) provides in relevant part: “In any criminal prosecution for a violation of [driving under the influence of alcohol], evidence as to the amount of intoxi- eating liquor * * * in the defendant’s blood at the time alleged as shown by a chemical analysis of the defendant’s breath * * * shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with: “(1) The defendant has consented to the taking of the test upon which the analysis is made.” As we have observed in the past, the language of 31-27-2.1 “is clear and unambi 1998Section 31-27-2(c) provides in relevant part: "In any criminal prosecution for a violation of [driving under the influence of alcohol], evidence as to the amount of intoxicating *212 liquor * * in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath * * shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with: "(1) The defendant has consented to the taking of the test upon which the analysis is made." As we have observed in the past, the language of 31-27-2.1 "is clear and unambig | 1 | 1 |
State v. Berkergreen2 sentences1998This Court has held that “the administration of [a breathalyzer] examination eon-stitute[s] a search within the meaning of the [FJourth [A]mendment,” State v. Berber, 120 R.I. 849, 856 , 391 A.2d 107, 111 (1978), and that “consent within the meaning of § [31— 37—2(c)(1) ] must be actual and may not be implied.” 4 Id. at 858, 391 A.2d at 112 . 1998This Court has held that “the administration of [a breathalyzer] examination eon-stitute[s] a search within the meaning of the [FJourth [A]mendment,” State v. Berber, 120 R.I. 849, 856 , 391 A.2d 107, 111 (1978), and that “consent within the meaning of § [31— 37—2(c)(1) ] must be actual and may not be implied.” 4 Id. at 858, 391 A.2d at 112 . | 1 | 1 |
State v. Derygreen1 sentence1992State v. Dery, 545 A.2d 1014, 1016-17 (R.I.1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sciacca v. Caruso
green
1 sentence2005Sciacca v. Caruso, 769 A.2d 578 (2001). 4 Because the matter is being remanded for a full hearing, the Court will not consider the plaintiff's taking claim at this time. | 1 | 2005–2005 |
State v. Timms
green
1 sentence1995State v. Timms, 505 A.2d 1132 (R.I. 1986). | 1 | 1995–1995 |
State v. Leavitt
green
2 sentences1978Evidence that the defendant had refused to submit to said test shall not be admissible unless the defendant elects to testify.” In State v. Leavitt, 103 R.I. 273 , 237 A.2d 309 (1968), this court stated that, because an accused’s consent to a search is a waiver of the protection guaranteed to him under our State and Federal Constitutions, such waiver will never be *858 presumed. 1978Evidence that the defendant had refused to submit to said test shall not be admissible unless the defendant elects to testify.” In State v. Leavitt, 103 R.I. 273 , 237 A.2d 309 (1968), this court stated that, because an accused’s consent to a search is a waiver of the protection guaranteed to him under our State and Federal Constitutions, such waiver will never be *858 presumed. | 1 | 1978–1978 |
Golden Gate Corporation v. Sullivan
green
2 sentences1977In Golden Gale Corp. v. Sullivan, 112 R.I. 641 , 314 A.2d 152 (1974), we ruled that the taking of private property by eminent domain does not trigger the due process clause prior to the taking and therefore no hearing is required prior to the taking. 1977In Golden Gale Corp. v. Sullivan, 112 R.I. 641 , 314 A.2d 152 (1974), we ruled that the taking of private property by eminent domain does not trigger the due process clause prior to the taking and therefore no hearing is required prior to the taking. | 1 | 1977–1977 |
Keenan v. Providence Journal Co.
green
1 sentence1968I. 54, 157 A. 302 , and Dembicer v. Pawtucket Cabinet & Builders Finish Co., 58 R. | 1 | 1968–1968 |
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.