second part test (North Dakota) · Go Syfert
← North Dakota issues

second part test in North Dakota

6 North Dakota opinions name it 1 courts 1999–2015 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.

Followed or applied (3)

CaseFollowedCited
Olson v. City of Garrisongreen
nd · 1995 · cited in 3 North Dakota opinions naming this issue, 1999–2009
2 sentences

2009Olson v. City of Garrison, 539 N.W.2d 663, 666-67 (N.D.1995). [¶ 15] We further explained in Peterson v. Traill County, 1999 ND 197, ¶ 13 , 601 N.W.2d 268 : The primary focus of the second part of the test is on the nature of the actions taken and on whether they are susceptible to policy analysis.

2009Olson v. City of Garrison, 539 N.W.2d 663, 666-67 (N.D.1995). [¶ 15] We further explained in Peterson v. Traill County, 1999 ND 197, ¶ 13 , 601 N.W.2d 268 : The primary focus of the second part of the test is on the nature of the actions taken and on whether they are susceptible to policy analysis.

13
United States v. Kirk C. Reivichgreen
ca8 · 1986 · cited in 1 North Dakota opinions naming this issue, 2003–2003
1 sentence

2003See United States v. Reivich, 793 F.2d 957, 962 (8th Cir.1986); see also United States v. Jacobs, 986 F.2d 1231, 1235 (8th Cir.1993) (“[T]he defendant must show that the omitted material would be ‘clearly critical’ to the finding of probable cause.”).

11
United States v. Ronald Foster Jacobsgreen
ca8 · 1993 · cited in 1 North Dakota opinions naming this issue, 2003–2003
1 sentence

2003See United States v. Reivich, 793 F.2d 957, 962 (8th Cir.1986); see also United States v. Jacobs, 986 F.2d 1231, 1235 (8th Cir.1993) (“[T]he defendant must show that the omitted material would be ‘clearly critical’ to the finding of probable cause.”).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
State v. Phelps green
nd · 1980
1 sentence

2015Olson, 1998 ND 41, ¶ 16 , 575 N.W.2d 649 ; Phelps, 297 N.W.2d at 775 . [¶ 19] Asbach told Bohn he could not consent to a vehicle search because Walker rented the vehicle.

12015–2015
Nix v. Williams green
scotus · 1984
2 sentences

2015State v. Olson, 1998 ND 41, ¶ 16 , 575 N.W.2d 649 ; Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984). [¶ 17] The district court found Walker’s consent to search the vehicle and trunk did not extend to Asbach’s suitcase, in which edible THC was found.

2015State v. Olson, 1998 ND 41, ¶ 16 , 575 N.W.2d 649 ; Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984). [¶ 17] The district court found Walker’s consent to search the vehicle and trunk did not extend to Asbach’s suitcase, in which edible THC was found.

12015–2015
State v. Olson green
nd · 1998
2 sentences

2015State v. Olson, 1998 ND 41, ¶ 16 , 575 N.W.2d 649 ; Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984). [¶ 17] The district court found Walker’s consent to search the vehicle and trunk did not extend to Asbach’s suitcase, in which edible THC was found.

2015State v. Olson, 1998 ND 41, ¶ 16 , 575 N.W.2d 649 ; Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984). [¶ 17] The district court found Walker’s consent to search the vehicle and trunk did not extend to Asbach’s suitcase, in which edible THC was found.

12015–2015
Peterson v. Traill County green
nd · 1999
2 sentences

2009Olson v. City of Garrison, 539 N.W.2d 663, 666-67 (N.D.1995). [¶ 15] We further explained in Peterson v. Traill County, 1999 ND 197, ¶ 13 , 601 N.W.2d 268 : The primary focus of the second part of the test is on the nature of the actions taken and on whether they are susceptible to policy analysis.

2009Olson v. City of Garrison, 539 N.W.2d 663, 666-67 (N.D.1995). [¶ 15] We further explained in Peterson v. Traill County, 1999 ND 197, ¶ 13 , 601 N.W.2d 268 : The primary focus of the second part of the test is on the nature of the actions taken and on whether they are susceptible to policy analysis.

12009–2009
State v. Dvorak green
nd · 2000
1 sentence

2001State v. Dvorak, 2000 ND 6, ¶ 16 , 604 N.W.2d 445 .

12001–2001
State v. Dvorak green
nd · 2000
1 sentence

2001State v. Dvorak, 2000 ND 6, ¶ 16 , 604 N.W.2d 445 .

12001–2001

Where else courts name it

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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