search principle (Tennessee) · Go Syfert
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search principle in Tennessee

6 Tennessee opinions name it 1 courts 1973–2021 1 in the last five years

The cases below were cited by Tennessee 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 (5)

CaseFollowedCited
Georgia v. Randolphgreen
scotus · 2006 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021In Fernandez, however, the Court observed that “a physically present inhabitant’s express refusal of consent to a police search” operates as an exception to the general rule that “consent by one resident of jointly occupied premises is generally sufficient to justify a warrantless search” “only when the objector is standing in the door saying ‘stay out’ when officers propose to make a consent search.” Fernandez v. California, 571 U.S. 292, 300, 306 (2014) (quoting Georgia v. Randolph, 547 U.S. 103, 122-23 (2006)).

11
Fernandez v. Californiagreen
scotus · 2014 · cited in 1 Tennessee opinions naming this issue, 2021–2021
2 sentences

2021Victim’s Consent to Search The defendant, citing Fernandez v. California, 571 U.S. 292 (2014), originally posited that because his arrest was illegal, the victim’s consent was insufficient to permit the search of the Zinc Road residence.

2021In Fernandez, however, the Court observed that “a physically present inhabitant’s express refusal of consent to a police search” operates as an exception to the general rule that “consent by one resident of jointly occupied premises is generally sufficient to justify a warrantless search” “only when the objector is standing in the door saying ‘stay out’ when officers propose to make a consent search.” Fernandez v. California, 571 U.S. 292, 300, 306 (2014) (quoting Georgia v. Randolph, 547 U.S. 103, 122-23 (2006)).

11
State v. Munngreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019State v. Munn, 56 S.W.3d 486, 494 (Tenn. 2001). “[A] person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Smith v. Maryland, 442 U.S. 735, 743-44 (1979).

11
Smith v. Marylandred
scotus · 1979 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019State v. Munn, 56 S.W.3d 486, 494 (Tenn. 2001). “[A] person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Smith v. Maryland, 442 U.S. 735, 743-44 (1979).

11
Rakas v. Illinoisgreen
scotus · 1979 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016We note that the United States Supreme Court instructed the bench and bar that while the analysis of a defendant‟s standing to challenge a search and the analysis of whether a defendant‟s personal Fourth Amendment rights have been violated are generally the same, “the better analysis forthrightly focuses on the extent of a particular defendant‟s rights under the Fourth Amendment, rather than on any theoretically separate, but invariably intertwined concept of standing.” Rakas v. Illinois, 439 U.S. 128, 138-39 (1978). -3- The trial court denied appellant‟s motion for new trial.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
State v. Davis green
tenncrimapp · 2006
1 sentence

2014Davis, 191 S.W.3d at 121-22 .

12014–2014
Peters v. State neutral
tenn · 1948
1 sentence

2011Peters v. State, 215 S.W.2d 822 (Tenn. 1948), citing Seals v. State, 11 S.W.2d 879 (Tenn. 1929).

12011–2011
Seals v. State green
tenn · 1928
1 sentence

2011Peters v. State, 215 S.W.2d 822 (Tenn. 1948), citing Seals v. State, 11 S.W.2d 879 (Tenn. 1929).

12011–2011
State v. Manning green
tenn · 1973
2 sentences

1973However, with the utmost respect for their wisdom I respectfully disagree with the search principle expounded in State v. Manning, supra. I think that a person has the right to assert the issue of the constitutionality of a search under the Fourth Amendment and, that if the ruling is against his claim, to except to that ruling.

1973However, with the utmost respect for their wisdom I respectfully disagree with the search principle expounded in State v. Manning, supra. I think that a person has the right to assert the issue of the constitutionality of a search under the Fourth Amendment and, that if the ruling is against his claim, to except to that ruling.

11973–1973

Where else courts name it

CA 63 (1961–2025) IL 37 (1878–2021) TX 34 (1927–2024) NY 26 (1872–2025) MA 19 (1983–2018) OH 18 (1987–2021) GA 16 (1937–2020) AL 15 (1954–1989) PA 15 (1987–2025) IN 13 (1968–2024) NJ 13 (1957–2025) MI 13 (1964–2021) AR 13 (1986–2024) FL 12 (1987–2024) OR 12 (1943–2024) OK 12 (1942–1999) MO 11 (1924–2018) ND 10 (1983–2026) MN 9 (1965–2024) WA 9 (1981–2021) AZ 9 (1977–2023) ID 9 (1927–2024) MD 8 (1992–2016) CT 8 (1983–2015) MT 7 (1978–2015) IA 7 (1972–2024) NM 6 (1939–2013) VA 6 (1965–2025) MS 6 (1961–2025) TN 6 (1973–2021) LA 6 (1975–2025) WI 6 (1996–2023) UT 5 (1991–2021) NE 5 (1982–2020) KY 5 (1924–2020) NC 5 (2007–2020) WY 4 (1975–2013) DC 4 (1980–2008) VT 4 (1991–2025) SD 4 (1971–2017) CO 4 (1990–2024) KS 3 (2018–2025) HI 3 (1980–2016) VI 2 (1977–1998) NH 2 (1951–2016)

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.

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