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5 Hawaii opinions name it 1 courts 1979–2001 0 in the last five years
The cases below were cited by Hawaii 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. Pattioaygreen2 sentences2001This court has previously recognized that: “ ‘A defendant who seeks to benefit from the protections of the exclusionary rule has the burden of establishing not only that the evidence sought to be excluded was unlawfully secured, but also that his own constitutional rights were violated by the search and seizure challenged.’ ” State v. Pattioay, 78 Hawai'i 455, 466 , 896 P.2d 911, 922 (1995) (quoting State v. Scanlan, 65 Haw. 159, 160-61 , 649 P.2d 737, 738 (1982)). 2001This court has previously recognized that: "`A defendant who seeks to benefit from the protections of the exclusionary rule has the burden of establishing not only that the evidence sought to excluded was unlawfully secured, but also that his own constitutional rights were violated by the search and seizure challenged.'" State v. Pattioay, 78 Hawai`i 455, 466, 896 P.2d 911, 922 (1995) (quoting State v. Scanlan, 65 Haw. 159, 160-61 , 649 P.2d 737, 738 (1982)). | 3 | 3 |
State v. Scanlangreen2 sentences2001This court has previously recognized that: "`A defendant who seeks to benefit from the protections of the exclusionary rule has the burden of establishing not only that the evidence sought to excluded was unlawfully secured, but also that his own constitutional rights were violated by the search and seizure challenged.'" State v. Pattioay, 78 Hawai`i 455, 466, 896 P.2d 911, 922 (1995) (quoting State v. Scanlan, 65 Haw. 159, 160-61 , 649 P.2d 737, 738 (1982)). 2001This court has previously recognized that: "`A defendant who seeks to benefit from the protections of the exclusionary rule has the burden of establishing not only that the evidence sought to excluded was unlawfully secured, but also that his own constitutional rights were violated by the search and seizure challenged.'" State v. Pattioay, 78 Hawai`i 455, 466, 896 P.2d 911, 922 (1995) (quoting State v. Scanlan, 65 Haw. 159, 160-61 , 649 P.2d 737, 738 (1982)). | 3 | 3 |
Rakas v. Illinoisgreen2 sentences1979Rakas v. Illinois,_U.S. _,_, 99 S. Ct. 421, 425-29 (1978). 2 Although the principle permitting only defendants whose own Fourth Amendment rights have been violated to benefit from the protections of the exclusionary rule has often been characterized as a rule of standing, see, e.g., Mancusi v. DeForte, supra; Jones v. United States, supra; State v. Pokini, supra, the Court in Rakas v. Illinois, supra, reasoned that this limitation is more properly subsumed under substantive Fourth Amendment doctrine. 1979Rakas v. Illinois,_U.S. _,_, 99 S. Ct. 421, 425-29 (1978). 2 Although the principle permitting only defendants whose own Fourth Amendment rights have been violated to benefit from the protections of the exclusionary rule has often been characterized as a rule of standing, see, e.g., Mancusi v. DeForte, supra; Jones v. United States, supra; State v. Pokini, supra, the Court in Rakas v. Illinois, supra, reasoned that this limitation is more properly subsumed under substantive Fourth Amendment doctrine. | 2 | 2 |
State v. Abordogreen2 sentences1982Rakas v. Illinois, 439 U.S. 128, 133-41 (1978); State v. Abordo, 61 Haw. 117, 120-21 , 596 P.2d 773, 775 (1979). 1982Rakas v. Illinois, 439 U.S. 128, 133-41 (1978); State v. Abordo, 61 Haw. 117, 120-21 , 596 P.2d 773, 775 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mancusi v. DeForte
green
1 sentence1979Rakas v. Illinois,_U.S. _,_, 99 S. Ct. 421, 425-29 (1978). 2 Although the principle permitting only defendants whose own Fourth Amendment rights have been violated to benefit from the protections of the exclusionary rule has often been characterized as a rule of standing, see, e.g., Mancusi v. DeForte, supra; Jones v. United States, supra; State v. Pokini, supra, the Court in Rakas v. Illinois, supra, reasoned that this limitation is more properly subsumed under substantive Fourth Amendment doctrine. | 1 | 1979–1979 |
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.