general if not universal rule (West Virginia) · Go Syfert
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general if not universal rule in West Virginia

7 West Virginia opinions name it 1 courts 1980–2013 0 in the last five years

The cases below were cited by West Virginia 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
State v. Craftgreen
wva · 1980 · cited in 3 West Virginia opinions naming this issue, 1981–1987
2 sentences

1987Warrantless arrests are possible, however, and “the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” State v. Craft, 165 W.Va. 741, 754 , 272 S.E.2d 46, 55 (1980).

1987Warrantless arrests are possible, however, and “the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” State v. Craft, 165 W.Va. 741, 754 , 272 S.E.2d 46, 55 (1980).

33
State v. Cottrellgreen
wash · 1975 · cited in 1 West Virginia opinions naming this issue, 1980–1980
2 sentences

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
State v. Howerton green
wva · 1985
2 sentences

2013We have addressed this specific issue in the realm of a police officer within his or her jurisdiction and held that “[t]he right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” Syl. pt. 4, State v. Howerton, 174 W.Va. 801 , 329 S.E.2d 874 (1985).

2013We have addressed this specific issue in the realm of a police officer within his or her jurisdiction and held that “[t]he right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” Syl. pt. 4, State v. Howerton, 174 W.Va. 801 , 329 S.E.2d 874 (1985).

31990–2013
Whren v. United States green
scotus · 1996
2 sentences

1996We are cognizant of the recent decision in Whren v. United States, — U.S.-, 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996), where the United States Supreme Court unanimously held that the subjective intent or motive of the police is immaterial in determining the legality of an arrest.

1996We are cognizant of the recent decision in Whren v. United States, — U.S.-, 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996), where the United States Supreme Court unanimously held that the subjective intent or motive of the police is immaterial in determining the legality of an arrest.

11996–1996
Simon v. West Virginia Department of Motor Vehicles green
wva · 1989
2 sentences

1996Syl. pt. 6, Duvernoy, supra. In Syllabus Point 2 of State v. McCarty, 184 W.Va. *620 524, 401 S.E.2d 457 (1990), we stated: " 'The right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.’ Syllabus Point 4, State v. Howerton, [174] W.Va. [801], 329 S.E.2d 874 (1985).” We further held in Syllabus Point 1 of Cunningham v. Bechtold, 186 W.Va. 474 , 413 S.E.2d 129 (1991): “ 'Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within

1996Syl. pt. 6, Duvernoy, supra. In Syllabus Point 2 of State v. McCarty, 184 W.Va. *620 524, 401 S.E.2d 457 (1990), we stated: " 'The right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.’ Syllabus Point 4, State v. Howerton, [174] W.Va. [801], 329 S.E.2d 874 (1985).” We further held in Syllabus Point 1 of Cunningham v. Bechtold, 186 W.Va. 474 , 413 S.E.2d 129 (1991): “ 'Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within

11996–1996
State v. McCarty green
wva · 1990
1 sentence

1996Syl. pt. 6, Duvernoy, supra. In Syllabus Point 2 of State v. McCarty, 184 W.Va. *620 524, 401 S.E.2d 457 (1990), we stated: " 'The right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.’ Syllabus Point 4, State v. Howerton, [174] W.Va. [801], 329 S.E.2d 874 (1985).” We further held in Syllabus Point 1 of Cunningham v. Bechtold, 186 W.Va. 474 , 413 S.E.2d 129 (1991): “ 'Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within

11996–1996
Cunningham v. Bechtold green
wva · 1991
2 sentences

1996Syl. pt. 6, Duvernoy, supra. In Syllabus Point 2 of State v. McCarty, 184 W.Va. *620 524, 401 S.E.2d 457 (1990), we stated: " 'The right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.’ Syllabus Point 4, State v. Howerton, [174] W.Va. [801], 329 S.E.2d 874 (1985).” We further held in Syllabus Point 1 of Cunningham v. Bechtold, 186 W.Va. 474 , 413 S.E.2d 129 (1991): “ 'Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within

1996Syl. pt. 6, Duvernoy, supra. In Syllabus Point 2 of State v. McCarty, 184 W.Va. *620 524, 401 S.E.2d 457 (1990), we stated: " 'The right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.’ Syllabus Point 4, State v. Howerton, [174] W.Va. [801], 329 S.E.2d 874 (1985).” We further held in Syllabus Point 1 of Cunningham v. Bechtold, 186 W.Va. 474 , 413 S.E.2d 129 (1991): “ 'Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within

11996–1996
State v. Duvernoy green
wva · 1973
2 sentences

1981See State v. Craft, 272 S.E.2d 46, 54 (W.Va. 1980), where we said: “There is little question that the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” See also Syl. pt. 2, State v. Duvernoy, 156 W.Va. 578 , 195 S.E.2d 631 (1973).

1981See State v. Craft, 272 S.E.2d 46, 54 (W.Va. 1980), where we said: “There is little question that the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country.” See also Syl. pt. 2, State v. Duvernoy, 156 W.Va. 578 , 195 S.E.2d 631 (1973).

11981–1981
Crowder v. Commonwealth green
va · 1972
2 sentences

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

11980–1980
People v. Creach green
ill · 1980
2 sentences

1980Va. [24] [ 180 S.E.2d 6141 .” There is little question that the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country. 5 E.g., City of Nome v. Ailak, 570 P.2d 162 (Alaska 1977); People v. Creach, 79 Ill.2d 96 , 37 Ill.

1980Va. [24] [ 180 S.E.2d 6141 .” There is little question that the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country. 5 E.g., City of Nome v. Ailak, 570 P.2d 162 (Alaska 1977); People v. Creach, 79 Ill.2d 96 , 37 Ill.

11980–1980
City of Nome v. Ailak green
alaska · 1977
1 sentence

1980Va. [24] [ 180 S.E.2d 6141 .” There is little question that the right to arrest in public without a warrant, based on probable cause that the person has or is about to commit a felony, is the general if not universal rule in this country. 5 E.g., City of Nome v. Ailak, 570 P.2d 162 (Alaska 1977); People v. Creach, 79 Ill.2d 96 , 37 Ill.

11980–1980
Waite v. State green
wis · 1973
2 sentences

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

11980–1980
Commonwealth v. Jones green
pa · 1974
2 sentences

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

1980Dec. 338 , 402 N.E.2d 228 (1980); Commonwealth v. Jones, 457 Pa. 423 , 322 A.2d 119 (1974); State v. Cottrell, 86 Wash.2d 130 , 542 P.2d 771 *755 (1975); Crowder v. Commonwealth, 213 Va. 151 , 191 S.E.2d 239 (1972); Waite v. State, 57 Wis.2d 218 , 203 N.W.2d 719 (1973).

11980–1980

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