mere submission claim (Alabama) · Go Syfert
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mere submission claim in Alabama

6 Alabama opinions name it 1 courts 1986–2005 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.

Followed or applied (5)

CaseFollowedCited
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 4 Alabama opinions naming this issue, 1992–2005
2 sentences

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

14
Ex Parte Wilsongreen
ala · 1990 · cited in 3 Alabama opinions naming this issue, 1992–2005
2 sentences

2005"Consent to a search must be knowingly, intelligently, and freely given." Ex parte Wilson , 571 So.2d 1251 , 1255 (Ala. 1990). "`[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.'" Miller v. State , 602 So.2d 488 , 491 (Ala. *Page 164 Crim.App. 1992), quoting Florida v. Royer , 460 U.S. 491 , 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). "[T]he question whether a consent to a search

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

13
Miller v. Stategreen
alacrimapp · 1992 · cited in 3 Alabama opinions naming this issue, 1994–2005
2 sentences

2005"Consent to a search must be knowingly, intelligently, and freely given." Ex parte Wilson , 571 So.2d 1251 , 1255 (Ala. 1990). "`[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.'" Miller v. State , 602 So.2d 488 , 491 (Ala. *Page 164 Crim.App. 1992), quoting Florida v. Royer , 460 U.S. 491 , 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). "[T]he question whether a consent to a search

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

13
Cable v. Stategreen
alacrimapp · 1985 · cited in 2 Alabama opinions naming this issue, 2005–2005
2 sentences

2005"Factors relevant to this determination include the circumstances under which the defendant came into custody, the defendant's awareness of the right to withhold consent, the defendant's performance of cooperative acts, the defendant's age, intelligence, and education, and the nature of police behavior." Cable v. State , 540 So.2d 769 , 774 (Ala.Crim.App. 1985).

2005“Factors relevant to this determination include the circumstances under which the defendant came into custody, the defendant’s awareness of the right to withhold consent, the defendant’s performance of cooperative acts, the defendant’s age, intelligence, and education, and the nature of police behavior.” Cable v. State, 540 So.2d 769, 774 (Ala.Crim.App.1985).

12
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Alabama opinions naming this issue, 1992–1992
2 sentences

1992See also Florida v. Bostick , ___ U.S. ___, 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991). "[T]he question whether a consent to search was in fact 'voluntary' or was a product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances." Schneckloth v. Bustamonte , 412 U.S. 218 , 227 , 93 S.Ct. 2041 , 2047-48 , 36 L.Ed.2d 854 (1973).

1992See also Florida v. Bostick , ___ U.S. ___, 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991). "[T]he question whether a consent to search was in fact 'voluntary' or was a product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances." Schneckloth v. Bustamonte , 412 U.S. 218 , 227 , 93 S.Ct. 2041 , 2047-48 , 36 L.Ed.2d 854 (1973).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Florida v. Royer green
scotus · 1983
2 sentences

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

2005“Consent to a search must be knowingly, intelligently, and freely given.” Ex parte Wilson, 571 So.2d 1251, 1255 (Ala.1990). “ ‘[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.’ ” Miller v. State, 602 So.2d 488, 491 (Ala. Crim.App.1992), quoting Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). “[T]he question whether a consent to a search was in fact ‘vo

61986–2005

Where else courts name it

OH 47 (1989–2025) FL 19 (1983–2015) TX 11 (1939–2021) VA 10 (1993–2003) CA 8 (2013–2025) AL 6 (1986–2005) SD 6 (1991–2015) GA 4 (1984–1995) IN 4 (1986–2010) NY 3 (2003–2026) MS 3 (1993–2013) IL 3 (1985–2001) WV 2 (1987–2002)

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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