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stage analysis in Wisconsin

7 Wisconsin opinions name it 2 courts 1971–2016 0 in the last five years

The cases below were cited by Wisconsin 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.

Followed or applied (2)

CaseFollowedCited
United States v. Santanagreen
scotus · 1976 · cited in 3 Wisconsin opinions naming this issue, 2016–2016
2 sentences

2016Cf., e.g., Santana, 427 U.S. at 42 ("In Warden v. Hayden, 387 U.S. 294 (1967), we recognized the right of police, who had probable cause to believe that an armed robber had entered a house a few 14 No. 2014AP304-CR minutes before, to make a warrantless entry to arrest the robber and to search for weapons.").

2016Cf., e.g., Santana, 427 U.S. at 42 ("In Warden v. Hayden, 387 U.S. 294 (1967), we recognized the right of police, who had probable cause to believe that an armed robber had entered a house a few 14 No. 2014AP304-CR minutes before, to make a warrantless entry to arrest the robber and to search for weapons.").

33
Johnson v. United Statesgreen
scotus · 1948 · cited in 1 Wisconsin opinions naming this issue, 1971–1971
1 sentence

1971Aguilar is relevant at this stage of the inquiry as well because the tests it establishes were designed to implement the long-standing principle that probable cause must be determined by a ‘neutral and detached magistrate,’ and not by ‘the officer engaged in the often competitive enterprise of ferreting out crime.’ Johnson v. United States, 333 U. S. 10, 14 (1948).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Warden, Maryland Penitentiary v. Hayden green
scotus · 1967
2 sentences

2016Cf., e.g., Santana, 427 U.S. at 42 ("In Warden v. Hayden, 387 U.S. 294 (1967), we recognized the right of police, who had probable cause to believe that an armed robber had entered a house a few 14 No. 2014AP304-CR minutes before, to make a warrantless entry to arrest the robber and to search for weapons.").

2016Cf., e.g., Santana, 427 U.S. at 42 ("In Warden v. Hayden, 387 U.S. 294 (1967), we recognized the right of police, who had probable cause to believe that an armed robber had entered a house a few 14 No. 2014AP304-CR minutes before, to make a warrantless entry to arrest the robber and to search for weapons.").

32016–2016
Kenefick v. Hitchcock green
wisctapp · 1994
2 sentences

2015Id. at 74-75 ("Rather than raising the issue in court, an insurer cannot deliberately reach its own conclusion on coverage and then maintain that a clause in the policy would have excused it from indemnifying had the coverage issue correctly been decided by a court originally.") Two years later, in Kenefick v. Hitchcock, 187 Wis. 2d 218 , 522 N.W.2d 261 (Ct. App. 1994), the court once again clearly, and unequivocally, reiterated the rule set forth in Grube: The nature of that claim is such that — ignoring, as we must at this stage of the inquiry, both the merits of the claim and any exclusiona

2015Id. at 74-75 ("Rather than raising the issue in court, an insurer cannot deliberately reach its own conclusion on coverage and then maintain that a clause in the policy would have excused it from indemnifying had the coverage issue correctly been decided by a court originally.") Two years later, in Kenefick v. Hitchcock, 187 Wis. 2d 218 , 522 N.W.2d 261 (Ct. App. 1994), the court once again clearly, and unequivocally, reiterated the rule set forth in Grube: The nature of that claim is such that — ignoring, as we must at this stage of the inquiry, both the merits of the claim and any exclusiona

22015–2016
State v. Derango green
wis · 2000
1 sentence

2002Derango, 2000 WI 89 at ¶ 30 ; see also Wis. Stat. § 939.65 .

12002–2002

Statutes the citing opinions construe

WI § Wis. Stat. § 346.04 (3) WI § Wis. Stat. § 346.17 (3) WI § Wis. Stat. § 346.63 (3) WI § Wis. Stat. § 346.65 (3) WI § Wis. Stat. § 946.41 (3) WI § Wis. Stat. § 961.41 (3) WI § Wis. Stat. § 961.573 (3)

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.

Where else courts name it

CA 65 (1967–2026) IL 23 (1935–2026) TX 16 (1970–2023) MA 15 (1982–2025) NY 12 (1878–2024) OH 12 (2000–2025) MD 9 (1971–2023) OR 8 (1986–2025) WI 7 (1971–2016) NE 7 (2000–2022) PA 7 (1974–2025) FL 6 (1977–2022) WY 6 (1987–2022) MI 6 (1999–2024) TN 6 (2008–2020) IA 5 (1970–2022) NJ 5 (1951–2020) LA 5 (1985–2026) CT 5 (1968–2011) WA 5 (1971–2017) VT 5 (1982–2026) NC 4 (1974–2022) IN 4 (1975–1993) VA 4 (2007–2024) HI 4 (1995–2026) UT 4 (2002–2025) GA 3 (1908–2013) NH 3 (2007–2012) CO 3 (2010–2025) MN 3 (1983–2008) ID 3 (2009–2015) DE 3 (2015–2018) MO 3 (2016–2016) KY 3 (1971–2011) KS 3 (1984–2016) MT 3 (1959–2003) WV 2 (1993–2007) AL 2 (1981–1984) DC 2 (1981–2008)

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.

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