observation defense (California) · Go Syfert
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observation defense in California

5 California opinions name it 2 courts 1987–2002 0 in the last five years

The cases below were cited by California 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 (1)

CaseFollowedCited
United States v. William O. Trigggreen
ca7 · 1989 · cited in 1 California opinions naming this issue, 1993–1993
1 sentence

1993(U.S. v. Cummins, supra, 920 F.2d at p. 501 .) Finally, we agree with the observation that this test places police “under the apprehension that their actions—which often require the exercise of great discretion—would be subject to misinterpretation months later in the antiseptic atmosphere of the courtroom.” (U.S. v. Trigg, supra, 878 F.2d at p. 1042 (conc. opn. by Ripple, J.).) *930 Turning to the facts here, it is undisputed that Officer Becerra observed Lucero commit a moving traffic violation.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
People v. Meredith green
cal · 1981
2 sentences

2002(Id. at p. 687.) Defendant argues that under the rule declared in People v. Meredith, supra, 29 Cal.3d 682 , the trial court should not have admitted evidence of Sims’s collaboration in the testing of the dried stain.

1992Under both Meredith and Fairbank, “an observation by defense counsel or his investigator, which is the product of a privileged communication, may not be admitted unless the defense by altering or removing physical evidence has precluded the prosecution from making that same observation. . . .” (People v. Meredith, supra, 29 Cal.3d at p. 686 .) Here, the swab in question is being divided in half.

31987–2002
United States v. Gregory Lynn Cummins, United States of America v. Timothy Akins, A/K/A Michael Mayfield green
ca8 · 1991
1 sentence

1993(U.S. v. Cummins, supra, 920 F.2d at p. 501 .) Finally, we agree with the observation that this test places police “under the apprehension that their actions—which often require the exercise of great discretion—would be subject to misinterpretation months later in the antiseptic atmosphere of the courtroom.” (U.S. v. Trigg, supra, 878 F.2d at p. 1042 (conc. opn. by Ripple, J.).) *930 Turning to the facts here, it is undisputed that Officer Becerra observed Lucero commit a moving traffic violation.

11993–1993
Askew v. American Waterways Operators, Inc. green
scotus · 1973
2 sentences

1988In addressing the first consideration, I begin with the observation that the requirement of the impossibility of dual compliance is strictly construed: the federal-state conflict must be actual and unavoidable, not merely possible (Askew v. American Waterways Operators, Inc. (1973) 411 U.S. 325, 336-337 ).

1988In addressing the first consideration, I begin with the observation that the requirement of the impossibility of dual compliance is strictly construed: the federal-state conflict must be actual and unavoidable, not merely possible ( Askew v. American Waterways Operators, Inc. (1973) 411 U.S. 325, 336-337 ).

11988–1988

Where else courts name it

OH 18 (1992–2025) MO 16 (1985–2023) NY 12 (1990–2011) IL 10 (1991–2025) NJ 8 (1959–2026) TX 7 (2005–2024) ID 7 (1999–2013) PA 6 (1967–2026) TN 5 (2002–2020) CA 5 (1987–2002) FL 4 (1982–2018) NE 3 (1995–2014) LA 3 (1961–1973) MD 3 (1972–2021) MI 3 (1966–2019) WA 3 (1964–2026) WV 3 (1980–2018) MN 3 (2016–2024) AL 2 (1928–1939)

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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