balancing of interests test (Kansas) · Go Syfert
← Kansas issues

balancing of interests test in Kansas

6 Kansas opinions name it 3 courts 1980–2019 0 in the last five years

The cases below were cited by Kansas 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
State v. Reissgreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

11
Camara v. Municipal Court of City and County of San Franciscogreen
scotus · 1967 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

11
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

2019See Reiss , 299 Kan. at 301 -04 , 326 P.3d 367 ; see also Terry , 392 U.S. at 20 -23 , 88 S.Ct. 1868 (borrowing the balancing of interests test first articulated in Camara , 387 U.S. 523 , 87 S.Ct. 1727 , applying it to encounters such as the one in Terry and holding it would be unreasonable to require police to take unnecessary risks simply because they lack probable cause to arrest where reasonable suspicion of criminal activity).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
In the Interest of Cooper green
kan · 1981
2 sentences

1991Thus, Cooper adopted a balancing of interests test in temporary deprivation cases: “The extent to which procedural due process must be afforded a person is influenced by the extent to which the person affected may be ‘condemned to suffer grievous loss’ and depends upon whether the person’s interest in avoiding that loss outweighs the governmental interest in summary adjudication.” In re Cooper, 230 Kan. 57 , Syl. ¶ 3.

1991Thus, Cooper adopted a balancing of interests test in temporary deprivation cases: "The extent to which procedural due process must be afforded a person is influenced by the extent to which the person affected may be `condemned to suffer grievous loss' and depends upon whether the person's interest in avoiding that loss outweighs the governmental interest in summary adjudication." In re Cooper, 230 Kan. 57 , Syl. ¶ 3.

21991–1991
Warden v. Bennett green
fladistctapp · 1976
1 sentence

1997In Warden v. Bennet , 340 So.2d 977 (Fla.Ct.App. 1976), the court reached its decision to require disclosure of home addresses of public employees by balancing the public's right to know against the employees' right to be free from "clearly unwarranted invasions of privacy." See also, Wisher v. News-Press Publishing Co , 310 So.2d 345 (Fla. 1975).

11997–1997
Wisher v. News-Press Publishing Co. green
fladistctapp · 1975
1 sentence

1997In Warden v. Bennet , 340 So.2d 977 (Fla.Ct.App. 1976), the court reached its decision to require disclosure of home addresses of public employees by balancing the public's right to know against the employees' right to be free from "clearly unwarranted invasions of privacy." See also, Wisher v. News-Press Publishing Co , 310 So.2d 345 (Fla. 1975).

11997–1997
Lee v. United States green
scotus · 1977
2 sentences

1981The mistrial rationale has been extended to include a case where the information was dismissed at the close of the evidence “for failure to provide adequate notice.” See Lee v. United States, 432 U.S. 23 , 53 L.Ed.2d 80 , 97 S.Ct. 2141 (1977).

1981The mistrial rationale has been extended to include a case where the information was dismissed at the close of the evidence “for failure to provide adequate notice.” See Lee v. United States, 432 U.S. 23 , 53 L.Ed.2d 80 , 97 S.Ct. 2141 (1977).

11981–1981
Rutgers v. Piluso green
nj · 1972
2 sentences

1980In Rutgers v. Piluso, 60 N.J. 142 , 286 A.2d 697 (1972), the New Jersey Supreme Court in a land use or zoning case refused to apply any of the traditional tests and adopted a balancing of interests test which has become increasingly popular with the courts.

1980In Rutgers v. Piluso, 60 N.J. 142 , 286 A.2d 697 (1972), the New Jersey Supreme Court in a land use or zoning case refused to apply any of the traditional tests and adopted a balancing of interests test which has become increasingly popular with the courts.

11980–1980

Where else courts name it

NM 8 (2006–2022) CA 7 (1986–2018) KS 6 (1980–2019) NY 5 (1978–2016) PA 5 (1963–2020) NJ 4 (1976–2023) FL 4 (1980–2001) OK 4 (2014–2022) MO 4 (1998–2016) MD 3 (1989–2021) MI 3 (1985–2018) MN 3 (2006–2025) WI 3 (1978–2010) TX 3 (2014–2015) OR 2 (1980–2010) AK 2 (2004–2006) GA 2 (1983–1996) AR 2 (1991–2004) RI 2 (2020–2020) WA 2 (1979–1996) ME 2 (1997–2002) CO 2 (1976–2019)

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.

← Caselaw search · G Cite Topics · Brief Check