Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Nevada opinions name it 1 courts 1982–2024 2 in the last five years
The cases below were cited by Nevada 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 |
|---|---|---|
Nix v. Williamsgreen2 sentences2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). 2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). | 2 | 2 |
State v. Greenwaldgreen2 sentences2020See Rice v. State, 113 Nev. 425, 430, 936 P.2d 319, 322 (1997) (relying on the fact "that Rice was placed in the patrol car before [the officer] searched the backpack" as dispositive in finding the search unlawful); Greenwald, 109 Nev. at 810, 858 P.21 at 37 (concluding that the search was unlawful because, "[w]ith Greenwald safely locked away in a SUPREME COURT OF NEVADA 3 (0) 1947A ADD police car, there was no conceivable 'need to disarm him or prevent him from concealing or destroying evidence).1 Inventory search Next, the State challenges the district coures conclusion that the inventory s 2020See Rice v. State, 113 Nev. 425, 430 , 936 P.2d 319, 322 (1997) (relying on the fact "that Rice was placed in the patrol car before [the officer] searched the backpack" as dispositive in finding the search unlawful); Greenwald, 109 Nev. at 810 , 858 P.21 at 37 (concluding that the search was unlawful because, "[w]ith Greenwald safely locked away in a SUPREME COURT OF NEVADA 3 (0) 1947A ADD police car, there was no conceivable 'need to disarm him or prevent him from concealing or destroying evidence).1 Inventory search Next, the State challenges the district coures conclusion that the inventory | 1 | 2 |
State v. Lloydgreen2 sentences2024SUPREME COURT OF NEVADA 7 constitutions, warrantless searches are per se unreasonable . . . subject only to a few specifically established and well-delineated exceptions." Lloyd, 129 Nev. at 743 , 312 P.3d at 469 (internal quotation marks omitted). 2024SUPREME COURT OF NEVADA 7 constitutions, warrantless searches are per se unreasonable . . . subject only to a few specifically established and well-delineated exceptions." Lloyd, 129 Nev. at 743 , 312 P.3d at 469 (internal quotation marks omitted). | 1 | 1 |
Wyatt v. Stategreen2 sentences2021Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (providing that this court will uphold a district court's order that "reaches the right result, although it is based on an incorrect grouner). 2The State argued below that the inevitable discovery exception applied because even if Dean's DNA had been expunged, the State would have inevitably collected his DNA again due to his subsequent arrests in 2015 for "Assault with Use of a Deadly Weapon and Carrying Concealed Firearm or other Deadly Weapon, both felon[y charges]." There is no independent documentation in the record supporting the 2021Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (providing that this court will uphold a district court's order that "reaches the right result, although it is based on an incorrect grouner). 2The State argued below that the inevitable discovery exception applied because even if Dean's DNA had been expunged, the State would have inevitably collected his DNA again due to his subsequent arrests in 2015 for "Assault with Use of a Deadly Weapon and Carrying Concealed Firearm or other Deadly Weapon, both felon[y charges]." There is no independent documentation in the record supporting the | 1 | 1 |
Davis v. United Statesgreen2 sentences2020See Davis v. United States, 564 U.S. 229, 244 (2011) (acknowledging that "[s]uppression would thus be inappropriate . . . if the inevitable-discovery exception were applicable [here]"). . 2020See Davis v. United States, 564 U.S. 229, 244 (2011) (acknowledging that "[s]uppression would thus be inappropriate . . . if the inevitable-discovery exception were applicable [here]"). . | 1 | 1 |
Proferes v. Stategreen2 sentences2020Nix v. Williams, 467 U.S. 431, 444 (1984); Proferes v. State, 116 Nev. 1136, 1141, 13 P.3d 955, 958 (2000) (adopting this doctrine), overruled on other grounds by Rosky v. State, 121 Nev. 184, 111 P.3d 690 (2005). 2020Nix v. Williams, 467 U.S. 431, 444 (1984); Proferes v. State, 116 Nev. 1136, 1141, 13 P.3d 955, 958 (2000) (adopting this doctrine), overruled on other grounds by Rosky v. State, 121 Nev. 184, 111 P.3d 690 (2005). | 1 | 1 |
Camacho v. Stategreen2 sentences2020See Camacho v. State, 119 Nev. 395, 402, 75 P.3d 370, 375 (2003) (explaining that the inevitable-discovery doctrine permits the introduction of evidence originally obtained by unconstitutional conduct if the prosecution establishes by a preponderance of the evidence that it would have been lawfully discovered). 2020See Camacho v. State, 119 Nev. 395, 402, 75 P.3d 370, 375 (2003) (explaining that the inevitable-discovery doctrine permits the introduction of evidence originally obtained by unconstitutional conduct if the prosecution establishes by a preponderance of the evidence that it would have been lawfully discovered). | 1 | 1 |
Rice v. Stategreen2 sentences2020See Rice v. State, 113 Nev. 425, 430, 936 P.2d 319, 322 (1997) (relying on the fact "that Rice was placed in the patrol car before [the officer] searched the backpack" as dispositive in finding the search unlawful); Greenwald, 109 Nev. at 810, 858 P.21 at 37 (concluding that the search was unlawful because, "[w]ith Greenwald safely locked away in a SUPREME COURT OF NEVADA 3 (0) 1947A ADD police car, there was no conceivable 'need to disarm him or prevent him from concealing or destroying evidence).1 Inventory search Next, the State challenges the district coures conclusion that the inventory s 2020See Rice v. State, 113 Nev. 425, 430, 936 P.2d 319, 322 (1997) (relying on the fact "that Rice was placed in the patrol car before [the officer] searched the backpack" as dispositive in finding the search unlawful); Greenwald, 109 Nev. at 810, 858 P.21 at 37 (concluding that the search was unlawful because, "[w]ith Greenwald safely locked away in a SUPREME COURT OF NEVADA 3 (0) 1947A ADD police car, there was no conceivable 'need to disarm him or prevent him from concealing or destroying evidence).1 Inventory search Next, the State challenges the district coures conclusion that the inventory s | 1 | 1 |
Barrios-Lomeli v. Stategreen2 sentences2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). 2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). | 1 | 1 |
Murray v. United Statesgreen2 sentences2000The Supreme Court also explained that "[t]he inevitable discovery doctrine, with its distinct requirements, is in reality an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered." Murray v. United States, 487 U.S. 533, 539 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988). 2000The Supreme Court also explained that "[t]he inevitable discovery doctrine, with its distinct requirements, is in reality an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered." Murray v. United States, 487 U.S. 533, 539 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rosky v. State
green
2 sentences2020Nix v. Williams, 467 U.S. 431, 444 (1984); Proferes v. State, 116 Nev. 1136, 1141, 13 P.3d 955, 958 (2000) (adopting this doctrine), overruled on other grounds by Rosky v. State, 121 Nev. 184, 111 P.3d 690 (2005). 2020Nix v. Williams, 467 U.S. 431, 444 (1984); Proferes v. State, 116 Nev. 1136, 1141, 13 P.3d 955, 958 (2000) (adopting this doctrine), overruled on other grounds by Rosky v. State, 121 Nev. 184, 111 P.3d 690 (2005). | 1 | 2020–2020 |
New York v. Belton
red
2 sentences2003NOTES [1] See NRS 177.015; NRS 174.035. [2] The drug purchases occurred on April 26, May 2, and May 16, 2001. [3] Camacho does not contest there was probable cause for his arrest. [4] 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981). [5] The State argued this exception applied because police prepared an inventory, the search was pursuant to police policy, and no evidence supported a conclusion that the police searched the car simply to circumvent Camacho's rights. [6] The State has not argued on appeal that the district court erred in concluding that the automobile exception does not appl 2003NOTES [1] See NRS 177.015; NRS 174.035. [2] The drug purchases occurred on April 26, May 2, and May 16, 2001. [3] Camacho does not contest there was probable cause for his arrest. [4] 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981). [5] The State argued this exception applied because police prepared an inventory, the search was pursuant to police policy, and no evidence supported a conclusion that the police searched the car simply to circumvent Camacho's rights. [6] The State has not argued on appeal that the district court erred in concluding that the automobile exception does not appl | 1 | 2003–2003 |
Barrios-Lomeli v. State
green
2 sentences2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). 2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). | 1 | 2003–2003 |
State v. Harnisch
green
2 sentences2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). 2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). | 1 | 2003–2003 |
State v. Harnisch
green
2 sentences2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). 2003State v. Harnisch, 113 Nev. 214 , 931 P.2d 1359 (1997), clarified on rehearing, 114 Nev. 225 , 954 P.2d 1180 (1998). 453 U.S. 454 (1981). 113 Nev. 952, 959 , 944 P.2d 791, 795 (1997) (Maupin, J., dissenting), rehearing denied, 114 Nev. 779 , 961 P.2d 750 (1998). | 1 | 2003–2003 |
Alborola-Rodriguez v. United States
green
1 sentence2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). | 1 | 2000–2000 |
Meece v. Rolex Watch, U. S. A., Inc.
green
1 sentence2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). | 1 | 2000–2000 |
Underwood v. Wilson
green
2 sentences2000The inevitable discovery doctrine states that “evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a ‘preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.’ ” United States v. Lang, 149 F.3d 1044 (9th Cir. 1998), cert. denied, 119 S. Ct. 1809 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 (1984)). 2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). | 1 | 2000–2000 |
UNITED STATES of America, Plaintiff-Appellee, v. Ference LANG, Defendant-Appellant
green
2 sentences2000The inevitable discovery doctrine states that “evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a ‘preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.’ ” United States v. Lang, 149 F.3d 1044 (9th Cir. 1998), cert. denied, 119 S. Ct. 1809 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 (1984)). 2000The inevitable discovery doctrine states that "evidence obtained in violation of the Constitution could still be admitted at trial if the government could prove by a `preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.'" United States v. Lang, 149 F.3d 1044 (9th Cir.1998), cert. denied, 526 U.S. 1133 , 119 S.Ct. 1809 , 143 L.Ed.2d 1012 (1999) (quoting Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984)). | 1 | 2000–2000 |
Chimel v. California
red
1 sentence1982Affirmed. 1 In addition to the doctrine of inevitable discovery, the district court also relied on protection of public safety, see Cady v. Dombrowski, 413 U.S. 433 (1973), and search incident to lawful arrest, see Chimel v. California, 395 U.S. 752 (1969), as grounds for denying the motion. | 1 | 1982–1982 |
Cady v. Dombrowski
green
1 sentence1982Affirmed. 1 In addition to the doctrine of inevitable discovery, the district court also relied on protection of public safety, see Cady v. Dombrowski, 413 U.S. 433 (1973), and search incident to lawful arrest, see Chimel v. California, 395 U.S. 752 (1969), as grounds for denying the motion. | 1 | 1982–1982 |
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.