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7 Washington opinions name it 2 courts 1974–2015 0 in the last five years
The cases below were cited by Washington 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. Baxtergreen2 sentences2009See State v. Silvers, 70 Wn.2d 430, 432 , 423 P.2d 539 (“Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal.”), cert. denied, 389 U.S. 871 (1967); State v. Baxter, 68 Wn.2d 416, 423 , 413 P.2d 638 (1966) (“The exclusion of improperly obtained evidence is a privilege and can be waived.”). ¶15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. 2009See State v. Silvers, 70 Wn.2d 430, 432 , 423 P.2d 539 (“Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal.”), cert. denied, 389 U.S. 871 (1967); State v. Baxter, 68 Wn.2d 416, 423 , 413 P.2d 638 (1966) (“The exclusion of improperly obtained evidence is a privilege and can be waived.”). ¶15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. | 2 | 2 |
State v. Silversgreen2 sentences2009See State v. Silvers, 70 Wn.2d 430, 432 , 423 P.2d 539 (“Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal.”), cert. denied, 389 U.S. 871 (1967); State v. Baxter, 68 Wn.2d 416, 423 , 413 P.2d 638 (1966) (“The exclusion of improperly obtained evidence is a privilege and can be waived.”). ¶15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. 2009See State v. Silvers, 70 Wn.2d 430, 432 , 423 P.2d 539 (“Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal.”), cert. denied, 389 U.S. 871 (1967); State v. Baxter, 68 Wn.2d 416, 423 , 413 P.2d 638 (1966) (“The exclusion of improperly obtained evidence is a privilege and can be waived.”). ¶15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. | 2 | 2 |
Bundy v. Nebraskagreen2 sentences2009See State v. Silvers, 70 Wn.2d 430, 432 , 423 P.2d 539 (“Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal.”), cert. denied, 389 U.S. 871 (1967); State v. Baxter, 68 Wn.2d 416, 423 , 413 P.2d 638 (1966) (“The exclusion of improperly obtained evidence is a privilege and can be waived.”). ¶15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. 2009See State v. Silvers, 70 Wash.2d 430, 432 , 423 P.2d 539 ("Error predicated upon evidence allegedly obtained by an illegal search and seizure cannot be raised for the first time on appeal."), cert. denied, 389 U.S. 871 , 88 S.Ct. 156 , 19 L.Ed.2d 152 (1967); State v. Baxter, 68 Wash.2d 416, 423 , 413 P.2d 638 (1966) ("The exclusion of improperly obtained evidence is a privilege and can be waived."). ¶ 15 The rule barring defendants from raising a search and seizure claim for the first time on appeal has not changed. | 2 | 2 |
State v. Surgegreen1 sentence2007See State v. Surge, 160 Wn.2d 65, 86-87 , 156 P.3d 208 (2007) (Owens, J., concurring). | 1 | 1 |
State v. Surgegreen1 sentence2007See State v. Surge, 160 Wn.2d 65, 86-87 , 156 P.3d 208 (2007) (Owens, J., concurring). | 1 | 1 |
Giordenello v. United Statesgreen2 sentences1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). 1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Mierz
green
2 sentences2009In State v. Mierz, 127 Wn.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant’s “failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence.” See also State v. Tarica, 59 Wn. 2009In State v. Mierz, 127 Wn.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant’s “failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence.” See also State v. Tarica, 59 Wn. | 2 | 2009–2009 |
State v. Tarica
green
2 sentences2009In State v. Mierz, 127 Wn.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant’s “failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence.” See also State v. Tarica, 59 Wn. 2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd | 2 | 2009–2009 |
United States v. Harold S. Hall
green
1 sentence2015Thus, because some violations of ministerial procedures set forth in the search and seizure rule can be consequential and some will not, Hall holds that a “motion to suppress should be granted by the district court only when the defendant demonstrates prejudice from the Rule 41(d) violation.” Id. (citation and footnote omitted). | 1 | 2015–2015 |
State v. McFarland
green
2 sentences2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd 2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd | 1 | 2009–2009 |
State v. Valladares
green
2 sentences2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd 2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd | 1 | 2009–2009 |
State v. Valladares
green
2 sentences2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd 2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd | 1 | 2009–2009 |
State v. Rodriguez
green
2 sentences2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd 2009In State v. Mierz, 127 Wash.2d 460, 468 , 901 P.2d 286 (1995), our Supreme Court stated that defendant's "failure to move to suppress evidence he contends was illegally gathered constitutes a waiver of any error associated with the admission of the evidence and the trial court properly considered the evidence." See also State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by McFarland, 127 Wash.2d 322 , 899 P.2d 1251 ; State v. Valladares, 31 Wash.App. 63, 76 , 639 P.2d 813 (1982) (citing Baxter, 68 Wash.2d 416 , 413 P.2d 638 , with *608 approval), rev'd | 1 | 2009–2009 |
In Re the Personal Restraint of Williams
green
2 sentences1991This case is similar to In re Williams, 111 Wn.2d 353, 364 , 759 P.2d 436 (1988) wherein we held: It is fundamental in evaluating a personal restraint petition, that ”[i]f a petitioner fails to meet the threshold burden of showing actual prejudice arising from constitutional error, the petition must be dismissed1'. 1991This case is similar to In re Williams, 111 Wn.2d 353, 364 , 759 P.2d 436 (1988) wherein we held: It is fundamental in evaluating a personal restraint petition, that ”[i]f a petitioner fails to meet the threshold burden of showing actual prejudice arising from constitutional error, the petition must be dismissed1'. | 1 | 1991–1991 |
Henry v. United States
green
2 sentences1975Compare, e.g., Cupp v. Murphy, supra at 294 (brief detention to take fingernail scrapings); Davis v. Mississippi, supra at 727 (detention for fingerprinting); Terry v. Ohio, supra at 16 (stop of person on street); Henry v. United States, 361 U.S. 98, 103 , 4 L. 1975Compare, e.g., Cupp v. Murphy, supra at 294 (brief detention to take fingernail scrapings); Davis v. Mississippi, supra at 727 (detention for fingerprinting); Terry v. Ohio, supra at 16 (stop of person on street); Henry v. United States, 361 U.S. 98, 103 , 4 L. | 1 | 1975–1975 |
State v. Wilson
green
2 sentences1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). 1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). | 1 | 1974–1974 |
State v. Poe
green
2 sentences1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). 1974See Giordenello v. United States, 357 U.S. 480 , 2 L.Ed.2d 1503 , 78 S.Ct. 1245 (1958); State v. Poe, 74 Wn.2d 425 , 445 P.2d 196 (1968); State v. Wilson, 70 Wn.2d 638, 641 , 424 P.2d 650 (1967). | 1 | 1974–1974 |
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.