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6 Alabama opinions name it 2 courts 1989–2016 0 in the last five years
The cases below were cited by Alabama 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 |
|---|---|---|
Kaercher v. Stategreen2 sentences2016“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).' “Harris v. State, 594 So.2d 725, 727 (Ala. Crim.App.1991). “ ‘ “No one circumstance is talis-manic to the Rakas inquiry. ‘While property ownership is clearly a factor to be considered in determining whether an individual’s Fourth Amendment ri 2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 3 | 4 |
Harris v. Stategreen2 sentences2016“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).' “Harris v. State, 594 So.2d 725, 727 (Ala. Crim.App.1991). “ ‘ “No one circumstance is talis-manic to the Rakas inquiry. ‘While property ownership is clearly a factor to be considered in determining whether an individual’s Fourth Amendment ri 2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 3 | 3 |
Jones v. Stategreen2 sentences2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate 2010“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).’ “Harris v. State, 594 So.2d 725, 727 (Ala.Crim.App.1991).” 946 So.2d at 919-20 (emphasis added). | 2 | 2 |
United States v. John M. Haydel, Jr., A/K/A \Ice Cream\" and \"Mugsy\""green1 sentence2016Other factors to be .weighed include whether .the defendant has a pos-sessory interest in the thing seized or the place searched, whether he has the right to exclude others from that place, whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises, See, id.; Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556, 2559 , 65 L.Ed.2d 633 (1980); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978).” “‘United States v. Haydel, 649 F. | 1 | 1 |
United States v. Salvuccigreen2 sentences2016“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).' “Harris v. State, 594 So.2d 725, 727 (Ala. Crim.App.1991). “ ‘ “No one circumstance is talis-manic to the Rakas inquiry. ‘While property ownership is clearly a factor to be considered in determining whether an individual’s Fourth Amendment ri 2016“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).' “Harris v. State, 594 So.2d 725, 727 (Ala. Crim.App.1991). “ ‘ “No one circumstance is talis-manic to the Rakas inquiry. ‘While property ownership is clearly a factor to be considered in determining whether an individual’s Fourth Amendment ri | 1 | 1 |
Deardorff v. Stategreen1 sentence2013See also Deardorff v. State, 6 So.3d 1205, 1226 (Ala.Crim.App.2004) (holding that petitioner did not have standing to raise a Fourth Amendment claim because he did not have a legitimate expectation of privacy in the back seat of a vehicle in which he was merely a passenger); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978). | 1 | 1 |
State v. Jemisongreen1 sentence2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Kaercher
green
2 sentences2016“For a search to violate the rights of a specific defendant, that defendant must have a legitimate expectation of privacy in the place searched, and the burden is squarely on the defendant asserting the violation to establish that such an expectation existed.” Kaercher v. State, 554 So.2d 1143, 1148 (Ala.Cr.App.), cert. denied, 554 So.2d 1152 (Ala.1989).' “Harris v. State, 594 So.2d 725, 727 (Ala. Crim.App.1991). “ ‘ “No one circumstance is talis-manic to the Rakas inquiry. ‘While property ownership is clearly a factor to be considered in determining whether an individual’s Fourth Amendment ri 2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 4 | 1991–2016 |
Rakas v. Illinois
green
2 sentences2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate 2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 3 | 1989–2016 |
Harrison v. State
green
1 sentence2016Unless a jury trial of a factual issue relevant to a motion is constitutionally required, Rule 15.4 specifically authorizes the determination of ‘[a]ll other issues of fact raised by [a pretrial motion asserting defenses or objections] ... by the court without a jury in such manner as the court may direct.’ Accordingly, we hold that a defendant asserting immunity based on self-defense under § 13A-3-23(d), Ala.Code 1975, is entitled to an opportunity to prove that claim by a preponderance of the evidence at a pretrial hearing before the court.” 203 So.3d at 130-31 . | 1 | 2016–2016 |
Rawlings v. Kentucky
green
2 sentences2016Other factors to be .weighed include whether .the defendant has a pos-sessory interest in the thing seized or the place searched, whether he has the right to exclude others from that place, whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises, See, id.; Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556, 2559 , 65 L.Ed.2d 633 (1980); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978).” “‘United States v. Haydel, 649 F. 2016Other factors to be .weighed include whether .the defendant has a pos-sessory interest in the thing seized or the place searched, whether he has the right to exclude others from that place, whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises, See, id.; Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556, 2559 , 65 L.Ed.2d 633 (1980); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978).” “‘United States v. Haydel, 649 F. | 1 | 2016–2016 |
Haydel v. United States
green
2 sentences2016Other factors to be .weighed include whether .the defendant has a pos-sessory interest in the thing seized or the place searched, whether he has the right to exclude others from that place, whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises, See, id.; Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556, 2559 , 65 L.Ed.2d 633 (1980); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978).” “‘United States v. Haydel, 649 F. 2016Other factors to be .weighed include whether .the defendant has a pos-sessory interest in the thing seized or the place searched, whether he has the right to exclude others from that place, whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises, See, id.; Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556, 2559 , 65 L.Ed.2d 633 (1980); Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978).” “‘United States v. Haydel, 649 F. | 1 | 2016–2016 |
Cochran v. State
green
1 sentence2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 1 | 2013–2013 |
Ex Parte Cochran
green
1 sentence2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 1 | 2013–2013 |
Cochran v. State
green
1 sentence2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 1 | 2013–2013 |
Ex Parte Cochran
green
1 sentence2013Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), rev’d in part on other grounds, 500 So.2d 1179 (Ala.1985), on remand, 500 So.2d 1188 (Ala.Cr.App.1986), aff'd, 500 So.2d 1064 (Ala.1986), cert. denied, 481 U.S. 1088 , 107 S.Ct. 1965 , 95 L.Ed.2d 537 (1987).... ‘A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property has not had any of his Fourth Amendment rights infringed.’ Rakas v. Illinois, 439 U.S. 128, 134 , 99 S.Ct. 421, 425 , 58 L.Ed.2d 387 (1978). ‘For a search to violate | 1 | 2013–2013 |
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.