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6 North Carolina opinions name it 2 courts 2018–2022 3 in the last five years
The cases below were cited by North Carolina 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 |
|---|---|---|
Bailey v. United Statesgreen2 sentences2022Ed. 2d 636 (2021). ¶ 32 This Court concluded in Wilson “that a person is an occupant for the purposes of the Summers rule if he ‘poses a real threat to the safe and efficient execution of a search warrant.’ ” 371 N.C. at 925 , 821 S.E.2d at 815 (quoting Bailey, 568 U.S. at 201 , 133 S. Ct. at 1042 ). 2022Ed. 2d 636 (2021). ¶ 32 This Court concluded in Wilson “that a person is an occupant for the purposes of the Summers rule if he ‘poses a real threat to the safe and efficient execution of a search warrant.’ ” 371 N.C. at 925 , 821 S.E.2d at 815 (quoting Bailey, 568 U.S. at 201 , 133 S. Ct. at 1042 ). | 5 | 5 |
State v. Wilsongreen2 sentences2022Ed. 2d 636 (2021). ¶ 32 This Court concluded in Wilson “that a person is an occupant for the purposes of the Summers rule if he ‘poses a real threat to the safe and efficient execution of a search warrant.’ ” 371 N.C. at 925 , 821 S.E.2d at 815 (quoting Bailey, 568 U.S. at 201 , 133 S. Ct. at 1042 ). 2022Ed. 2d 636 (2021). ¶ 32 This Court concluded in Wilson “that a person is an occupant for the purposes of the Summers rule if he ‘poses a real threat to the safe and efficient execution of a search warrant.’ ” 371 N.C. at 925 , 821 S.E.2d at 815 (quoting Bailey, 568 U.S. at 201 , 133 S. Ct. at 1042 ). | 5 | 5 |
Michigan v. Summersgreen2 sentences2019The United States Supreme Court adopted the Summers rule based in part upon the rationale that “[i]f the evidence that a citizen’s residence is harboring contraband is sufficient to persuade a judicial officer that an invasion of the citizen’s privacy is justified, it is constitutionally reasonable to require that citizen to remain while officers of the law execute a valid warrant to search [her] home.” Summers, 452 U.S. at 704-05 , 69 L. 2019The United States Supreme Court adopted the Summers rule based in part upon the rationale that “[i]f the evidence that a citizen’s residence is harboring contraband is sufficient to persuade a judicial officer that an invasion of the citizen’s privacy is justified, it is constitutionally reasonable to require that citizen to remain while officers of the law execute a valid warrant to search [her] home.” Summers, 452 U.S. at 704-05 , 69 L. | 1 | 2 |
Muehler v. Menagreen2 sentences2018Based on this doctrinal trilogy, we can identify three parts of the Summers rule: "a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain [ (1) ] the occupants," Summers , 452 U.S. at 705 , 101 S.Ct. at 2595 , (2) who are "within the immediate vicinity of the premises to be searched," Bailey , 568 U.S. at 201 , 133 S.Ct. at 1042 , and (3) who are present "during the execution of a search warrant," id. at 194 , 133 S.Ct. at 1038 (citing Summers , 452 U.S. at 702 -03 , 101 S.Ct. at 2594 ); see also Muehler , 544 U.S. at 102 , 125 S 2018Based on this doctrinal trilogy, we can identify three parts of the Summers rule: "a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain [ (1) ] the occupants," Summers , 452 U.S. at 705 , 101 S.Ct. at 2595 , (2) who are "within the immediate vicinity of the premises to be searched," Bailey , 568 U.S. at 201 , 133 S.Ct. at 1042 , and (3) who are present "during the execution of a search warrant," id. at 194 , 133 S.Ct. at 1038 (citing Summers , 452 U.S. at 702 -03 , 101 S.Ct. at 2594 ); see also Muehler , 544 U.S. at 102 , 125 S | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Thompson
neutral
2 sentences2020App. 101 , 832 S.E.2d 510 (2019), on remand from our Supreme Court in light of its decision in Wilson, see State v. Thompson, 372 N.C. 48 , 822 S.E.2d 616 (2019) (per curiam), this Court further clarified who constitutes an “occupant” for purposes of the Summers rule. 2020App. 101 , 832 S.E.2d 510 (2019), on remand from our Supreme Court in light of its decision in Wilson, see State v. Thompson, 372 N.C. 48 , 822 S.E.2d 616 (2019) (per curiam), this Court further clarified who constitutes an “occupant” for purposes of the Summers rule. | 1 | 2020–2020 |
State v. Austin
green
2 sentences2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r 2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r | 1 | 2018–2018 |
Terry v. Ohio
green
2 sentences2018In Terry v. Ohio , the Supreme Court determined that a brief stop and frisk did not violate a defendant's Fourth Amendment rights when "a reasonably prudent man would have been warranted in believing [the defendant] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." 392 U.S. at 28 , 88 S.Ct. at 1883 . 2018In Terry v. Ohio , the Supreme Court determined that a brief stop and frisk did not violate a defendant's Fourth Amendment rights when "a reasonably prudent man would have been warranted in believing [the defendant] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." 392 U.S. at 28 , 88 S.Ct. at 1883 . | 1 | 2018–2018 |
State v. Davis
green
2 sentences2018In fact, the order demonstrates that the Summers issue was not "raised and passed on by the trial court." Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). 2018In fact, the order demonstrates that the Summers issue was not "raised and passed on by the trial court." Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). | 1 | 2018–2018 |
State v. Tirado
green
2 sentences2018Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). 2018In fact, the order demonstrates that the Summers issue was not "raised and passed on by the trial court." Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). | 1 | 2018–2018 |
Richardson v. United States
green
2 sentences2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r 2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r | 1 | 2018–2018 |
Solek v. New Jersey Department of Public Advocate
green
2 sentences2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r 2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r | 1 | 2018–2018 |
Austin v. North Carolina
green
2 sentences2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r 2018Finally, in my view our decision in State v. Austin does not stand for the principle that the State, as an appellee before the Court of Appeals, can bring an unpreserved constitutional issue for the first time on appeal. 320 N.C. 276 , 357 S.E.2d 641 , cert. denied, 484 U.S. 916 , 108 S.Ct. 267 , 98 L.Ed.2d 224 (1987). **929 Concerning the application of Summers to the facts of this case, I fully agree with Justice Beasley's concurring opinion that *818 "[b]ecause the instant case is fully resolved by application of the familiar and well-settled Terry standard, I would not extend the Summers r | 1 | 2018–2018 |
State v. Tirado
green
2 sentences2018Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). 2018In fact, the order demonstrates that the Summers issue was not "raised and passed on by the trial court." Davis , 364 N.C. at 301 , 698 S.E.2d at 67 (quoting Tirado , 358 N.C. at 571 , 599 S.E.2d at 529 ). | 1 | 2018–2018 |
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.
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.