6 North Dakota opinions name it 1 courts 1999–2017 0 in the last five years
The cases below were cited by North Dakota 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 |
|---|---|---|
United States v. Leongreen2 sentences2013Under the federal exclusionary rule, the Court in Leon held that evidence should not be excluded when an officer acts “in good faith upon objectively reasonable reliance on the magistrate’s probable cause determination.” Kieper, 2008 ND 65, ¶ 15 , 747 N.W.2d 497 (citing Leon, 468 U.S. at 922 , 104 S.Ct. 3405 ). 2013Under the federal exclusionary rule, the Court in Leon held that evidence should not be excluded when an officer acts “in good faith upon objectively reasonable reliance on the magistrate’s probable cause determination.” Kieper, 2008 ND 65, ¶ 15 , 747 N.W.2d 497 (citing Leon, 468 U.S. at 922 , 104 S.Ct. 3405 ). | 1 | 5 |
Pennsylvania Bd. of Probation and Parole v. Scottgreen2 sentences2017B [¶ 13] In Scott, 524 U.S. at 359, 364-69 , 118 S.Ct. 2014 , the United States Supreme Court considered an issue about the application of the federal exclusionary rule to state administrative parole revocation hearings. 2017B [¶ 13] In Scott, 524 U.S. at 359, 364-69 , 118 S.Ct. 2014 , the United States Supreme Court considered an issue about the application of the federal exclusionary rule to state administrative parole revocation hearings. | 1 | 1 |
Stone v. Powellgreen2 sentences2017See, e.g., United States v. Leon, 468 U.S. 897, 906 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); Stone v. Powell, 428 U.S. 465, 482, 486 , 96 S.Ct. 3037 , 49 L.Ed,2d 1067 (1976). 2017See, e.g., United States v. Leon, 468 U.S. 897, 906 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); Stone v. Powell, 428 U.S. 465, 482, 486 , 96 S.Ct. 3037 , 49 L.Ed,2d 1067 (1976). | 1 | 1 |
State v. Phelpsgreen2 sentences2013See State v. Lunde , 2008 ND 142, ¶ 25 , 752 N.W.2d 630 . b. [¶54] The inevitable-discovery doctrine “establishes that evidence derived from information obtained in an unlawful search is not inadmissible under the fruit-of-the- poisonous-tree doctrine where it is shown that the evidence would have been gained even without the unlawful activity.” State v. Phelps , 297 N.W.2d 769, 774 (N.D. 1980). 2013See State v. Lunde, 2008 ND 142, ¶ 25 , 752 N.W.2d 630 . b. [¶ 54] The inevitable-discovery doctrine “establishes that evidence derived from information obtained in an unlawful search is not inadmissible under the fruit-of-the-poisonous-tree doctrine where it is shown that the evidence would have been gained even without the unlawful activity.” State v. Phelps, 297 N.W.2d 769, 774 (N.D.1980). | 1 | 1 |
State v. Lundegreen2 sentences2013See State v. Lunde, 2008 ND 142, ¶ 25 , 752 N.W.2d 630 . b. [¶ 54] The inevitable-discovery doctrine “establishes that evidence derived from information obtained in an unlawful search is not inadmissible under the fruit-of-the-poisonous-tree doctrine where it is shown that the evidence would have been gained even without the unlawful activity.” State v. Phelps, 297 N.W.2d 769, 774 (N.D.1980). 2013See State v. Lunde, 2008 ND 142, ¶ 25 , 752 N.W.2d 630 . b. [¶ 54] The inevitable-discovery doctrine “establishes that evidence derived from information obtained in an unlawful search is not inadmissible under the fruit-of-the-poisonous-tree doctrine where it is shown that the evidence would have been gained even without the unlawful activity.” State v. Phelps, 297 N.W.2d 769, 774 (N.D.1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Utvick
green
2 sentences2007However, “[u]nder the good-faith exception to the federal exclusionary rule, suppression is not the appropriate remedy if the police reliance on the search warrant was objectively reasonable.” Utvick, 2004 ND 36, ¶ 26 , 675 N.W.2d 387 (citing United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984)). 2007However, “[u]nder the good-faith exception to the federal exclusionary rule, suppression is not the appropriate remedy if the police reliance on the search warrant was objectively reasonable.” Utvick, 2004 ND 36, ¶ 26 , 675 N.W.2d 387 (citing United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984)). | 2 | 2007–2008 |
Holte v. North Dakota State Highway Commissioner
green
1 sentence2017Id. [¶ 15] In Holte, 436 N.W.2d at 251-52 , this Court considered the application of the exclusionary rule to an administrative license suspension proceeding. | 1 | 2017–2017 |
State v. Herrick
green
2 sentences2013Whether an officer’s reliance is objectively reasonable turns on “‘whether a reasonably well trained officer would have known that the search was illegal despite the magistrate’s authorization.’” State v. Herrick , 1999 ND 1, ¶ 15 , 588 N.W.2d 847 (quoting Leon , 468 U.S. at 922 n.23) [hereinafter “ Herrick II ”]. 2013Whether an officer’s reliance is objectively reasonable turns on “ “whether a reasonably well trained officer would have known that the search was illegal despite the magistrate’s authorization.’ ” State v. Herrick, 1999 ND 1, ¶ 15 , 588 N.W.2d 847 (quoting Leon, 468 U.S. at 922 n. 23, 104 S.Ct. 3405 ) [hereinafter “Herrick II ”]. | 1 | 2013–2013 |
State v. Kieper
green
2 sentences2013Under the federal exclusionary rule, the Court in Leon held that evidence should not be excluded when an officer acts “in good faith upon objectively reasonable reliance on the magistrate’s probable cause determination.” Kieper, 2008 ND 65, ¶ 15 , 747 N.W.2d 497 (citing Leon, 468 U.S. at 922 , 104 S.Ct. 3405 ). 2013Under the federal exclusionary rule, the Court in Leon held that evidence should not be excluded when an officer acts “in good faith upon objectively reasonable reliance on the magistrate’s probable cause determination.” Kieper, 2008 ND 65, ¶ 15 , 747 N.W.2d 497 (citing Leon, 468 U.S. at 922 , 104 S.Ct. 3405 ). | 1 | 2013–2013 |
State v. Herrick
green
2 sentences2013Whether an officer’s reliance is objectively reasonable turns on “‘whether a reasonably well trained officer would have known that the search was illegal despite the magistrate’s authorization.’” State v. Herrick , 1999 ND 1, ¶ 15 , 588 N.W.2d 847 (quoting Leon , 468 U.S. at 922 n.23) [hereinafter “ Herrick II ”]. 2013Whether an officer’s reliance is objectively reasonable turns on “ “whether a reasonably well trained officer would have known that the search was illegal despite the magistrate’s authorization.’ ” State v. Herrick, 1999 ND 1, ¶ 15 , 588 N.W.2d 847 (quoting Leon, 468 U.S. at 922 n. 23, 104 S.Ct. 3405 ) [hereinafter “Herrick II ”]. | 1 | 2013–2013 |
State v. Herrick
green
2 sentences2004Herrick II, at ¶ 12. [¶ 28] While the good-faith exception has only previously been applied when a search warrant was issued on a per se basis, in violation of N.D.C.C. § 19-03.1-32(3), prior to Herrick I, 1997 ND 155 , 567 N.W.2d 336 , the good-faith exception must be considered regardless of whether the search warrant was issued under such conditions. 2004Herrick II, at ¶ 12. [¶ 28] While the good-faith exception has only previously been applied when a search warrant was issued on a per se basis, in violation of N.D.C.C. § 19-03.1-32(3), prior to Herrick I, 1997 ND 155 , 567 N.W.2d 336 , the good-faith exception must be considered regardless of whether the search warrant was issued under such conditions. | 1 | 2004–2004 |
Mapp v. Ohio
green
2 sentences2004Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961). 2004Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961). | 1 | 2004–2004 |
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.