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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.
| Case | Followed | Cited |
|---|---|---|
Schneckloth v. Bustamontegreen2 sentences2005“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 | 1 | 4 |
Ex Parte Wilsongreen2 sentences2005"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 | 1 | 3 |
Miller v. Stategreen2 sentences2005"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 | 1 | 3 |
Cable v. Stategreen2 sentences2005"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). | 1 | 2 |
Florida v. Bostickgreen2 sentences1992See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Florida v. Royer
green
2 sentences2005“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 | 6 | 1986–2005 |
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.