common-law trespassory test (Iowa) · Go Syfert
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common-law trespassory test in Iowa

6 Iowa opinions name it 1 courts 2021–2024 6 in the last five years

The cases below were cited by Iowa 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 (3)

CaseFollowedCited
United States v. Jonesgreen
scotus · 2012 · cited in 6 Iowa opinions naming this issue, 2021–2024
2 sentences

2024State v. Bauler, 8 N.W.3d 892 , 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

2024State v. Bauler, 8 N.W.3d 892, 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

36
Florida v. Jardinesgreen
scotus · 2013 · cited in 3 Iowa opinions naming this issue, 2024–2024
2 sentences

2024State v. Bauler, 8 N.W.3d 892 , 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

2024State v. Bauler, 8 N.W.3d 892, 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

33
State of Iowa v. Kyra Rose Baulergreen
iowa · 2024 · cited in 2 Iowa opinions naming this issue, 2024–2024
2 sentences

2024State v. Bauler, 8 N.W.3d 892 , 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

2024State v. Bauler, 8 N.W.3d 892, 913 (Iowa 2024) (Oxley, J., dissenting); see also Florida v. Jardines, 569 U.S. 1, 11 (2013) (“The Katz reasonable-expectations test . . . is unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas.”); United States v. Jones, 565 U.S. 400, 409 (2012) (“[T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (alteration in original)).

12

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

IA § Iowa Code § 105.11 (4) IA § Iowa Code § 716.7 (4) IA § Iowa Code § 1.15 (3) IA § Iowa Code § 2.6 (3) IA § Iowa Code § 364.1 (3) IA § Iowa Code § 455B.307A (3) IA § Iowa Code § 455B.361 (3) IA § Iowa Code § 714.1 (3) IA § Iowa Code § 714.2 (3) IA § Iowa Code § 8.5 (3) IA § Iowa Code § 804.11 (3) IA § Iowa Code § 804.15 (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

WI 9 (2012–2024) IA 6 (2021–2024) TX 5 (2014–2025) GA 4 (2015–2020) AZ 3 (2012–2018) MI 3 (2022–2022) CA 3 (2012–2013) OH 2 (2014–2022) MA 2 (2013–2017) TN 2 (2020–2026) NC 2 (2016–2019) ID 2 (2020–2020) MN 2 (2014–2024) PA 2 (2013–2015)

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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