6 Rhode Island opinions name it 2 courts 1981–2015 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
State v. Quinlangreen2 sentences2015Thus, “[o]n appeal from a finding of a probation violation, this Court’s review is limited to ‘whether the hearing justice acted arbitrarily or capriciously in assessing the credibility of the witnesses or in finding such a violation.’” Tetreault, 973 A.2d at 492 (quoting State v. Christodal, 946 A.2d 811, 816 (R.I. 2008)). -5- III Discussion A Defendant’s Standing to Challenge the Search and Seizure The defendant argues that evidence of the laptop, PlayStation, and maroon pillowcase should have been suppressed because they were obtained from an illegal search and seizure. 5 “[I]n order to suc 2014Therefore, in order to successfully invoke the protections of the Fourth Amendment, as a threshold matter, a “defendant bears the burden of establishing the requisite standing to challenge the legality of the search.” Quinlan, 921 A.2d at 109 . | 1 | 2 |
State v. Christodalgreen1 sentence2015Thus, “[o]n appeal from a finding of a probation violation, this Court’s review is limited to ‘whether the hearing justice acted arbitrarily or capriciously in assessing the credibility of the witnesses or in finding such a violation.’” Tetreault, 973 A.2d at 492 (quoting State v. Christodal, 946 A.2d 811, 816 (R.I. 2008)). -5- III Discussion A Defendant’s Standing to Challenge the Search and Seizure The defendant argues that evidence of the laptop, PlayStation, and maroon pillowcase should have been suppressed because they were obtained from an illegal search and seizure. 5 “[I]n order to suc | 1 | 1 |
State v. Michael Patinogreen1 sentence2015Thus, “[o]n appeal from a finding of a probation violation, this Court’s review is limited to ‘whether the hearing justice acted arbitrarily or capriciously in assessing the credibility of the witnesses or in finding such a violation.’” Tetreault, 973 A.2d at 492 (quoting State v. Christodal, 946 A.2d 811, 816 (R.I. 2008)). -5- III Discussion A Defendant’s Standing to Challenge the Search and Seizure The defendant argues that evidence of the laptop, PlayStation, and maroon pillowcase should have been suppressed because they were obtained from an illegal search and seizure. 5 “[I]n order to suc | 1 | 1 |
Katz v. United Statesgreen2 sentences2014“A party has standing when he or she is found to have a reasonable expectation of privacy in the area searched or the thing seized.” Quinlan, 921 A.2d at 109 ; see Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring). 2014“A party has standing when he or she is found to have a reasonable expectation of privacy in the area searched or the thing seized.” Quinlan, 921 A.2d at 109 ; see Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Tetreault
green
1 sentence2015Thus, “[o]n appeal from a finding of a probation violation, this Court’s review is limited to ‘whether the hearing justice acted arbitrarily or capriciously in assessing the credibility of the witnesses or in finding such a violation.’” Tetreault, 973 A.2d at 492 (quoting State v. Christodal, 946 A.2d 811, 816 (R.I. 2008)). -5- III Discussion A Defendant’s Standing to Challenge the Search and Seizure The defendant argues that evidence of the laptop, PlayStation, and maroon pillowcase should have been suppressed because they were obtained from an illegal search and seizure. 5 “[I]n order to suc | 1 | 2015–2015 |
Khachatourian v. Scanlon
neutral
1 sentence2015Thus, “[o]n appeal from a finding of a probation violation, this Court’s review is limited to ‘whether the hearing justice acted arbitrarily or capriciously in assessing the credibility of the witnesses or in finding such a violation.’” Tetreault, 973 A.2d at 492 (quoting State v. Christodal, 946 A.2d 811, 816 (R.I. 2008)). -5- III Discussion A Defendant’s Standing to Challenge the Search and Seizure The defendant argues that evidence of the laptop, PlayStation, and maroon pillowcase should have been suppressed because they were obtained from an illegal search and seizure. 5 “[I]n order to suc | 1 | 2015–2015 |
State v. Casas
green
1 sentence2011B Search and Seizure "[I]t long has been recognized that the exclusionary rule is a prophylactic device designed to deter constitutional transgressions by law enforcement." Casas , 900 A.2d at 1135 . | 1 | 2011–2011 |
State v. Bertram
green
1 sentence2007Bertram, 591 A.2d at 18 (citing Porter, 437 A.2d at 1371 ). | 1 | 2007–2007 |
State v. Porter
green
1 sentence2007Bertram, 591 A.2d at 18 (citing Porter, 437 A.2d at 1371 ). | 1 | 2007–2007 |
United States v. Carlos Garcia and Jose Luis Garcia
green
1 sentence1998In Garcia, for example, the defendant was found to possess the requisite standing to challenge the search of an. automobile solely on the basis that he was driving with the owner’s permission. 897 F.2d at 1418 . | 1 | 1998–1998 |
State v. Jardine
green
2 sentences1981Rakas v. Illinois, 439 U.S. 128 , 130-31 n.1, 99 S.Ct. 421 , 424 n.1, 58 L.Ed.2d 387 , 393 n.1 (1978); State v. Cortellesso, 417 A.2d at 301; State v. Jardine, 110 R.I. at 495 , 293 A.2d at 903 . 1981Rakas v. Illinois, 439 U.S. 128 , 130-31 n.1, 99 S.Ct. 421 , 424 n.1, 58 L.Ed.2d 387 , 393 n.1 (1978); State v. Cortellesso, 417 A.2d at 301; State v. Jardine, 110 R.I. at 495 , 293 A.2d at 903 . | 1 | 1981–1981 |
Rakas v. Illinois
green
2 sentences1981Rakas v. Illinois, 439 U.S. 128 , 130-31 n.1, 99 S.Ct. 421 , 424 n.1, 58 L.Ed.2d 387 , 393 n.1 (1978); State v. Cortellesso, 417 A.2d at 301; State v. Jardine, 110 R.I. at 495 , 293 A.2d at 903 . 1981Rakas v. Illinois, 439 U.S. 128 , 130-31 n.1, 99 S.Ct. 421 , 424 n.1, 58 L.Ed.2d 387 , 393 n.1 (1978); State v. Cortellesso, 417 A.2d at 301; State v. Jardine, 110 R.I. at 495 , 293 A.2d at 903 . | 1 | 1981–1981 |
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.