defendant lacked standing challenge (Iowa) · Go Syfert
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defendant lacked standing challenge in Iowa

5 Iowa opinions name it 2 courts 2015–2021 3 in the last five years

The cases below were cited by Iowa 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 (7)

CaseFollowedCited
State v. Halliburtongreen
iowa · 1995 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See State v. Halliburton, 539 N.W.2d 339, 342-43 (Iowa 1995) (holding a passenger in a vehicle did not have a legitimate expectation of privacy in absence of evidence he was in control of the vehicle or otherwise possessed it at the time of the search); State v. Nurcaro, 614 N.W.2d 856, 859 (Iowa 2000) (holding counsel was not ineffective in conceding the defendant lacked standing to challenge search the of the vehicle in which the defendant was a passenger because the defendant lacked a privacy interest in the vehicle and its contents). 5 Flippo contests this finding.3 “When the police stop a

11
State v. Heminovergreen
iowa · 2000 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See State v. Halliburton, 539 N.W.2d 339, 342-43 (Iowa 1995) (holding a passenger in a vehicle did not have a legitimate expectation of privacy in absence of evidence he was in control of the vehicle or otherwise possessed it at the time of the search); State v. Nurcaro, 614 N.W.2d 856, 859 (Iowa 2000) (holding counsel was not ineffective in conceding the defendant lacked standing to challenge search the of the vehicle in which the defendant was a passenger because the defendant lacked a privacy interest in the vehicle and its contents). 5 Flippo contests this finding.3 “When the police stop a

11
State v. Nucarogreen
iowactapp · 2000 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See State v. Halliburton, 539 N.W.2d 339, 342-43 (Iowa 1995) (holding a passenger in a vehicle did not have a legitimate expectation of privacy in absence of evidence he was in control of the vehicle or otherwise possessed it at the time of the search); State v. Nurcaro, 614 N.W.2d 856, 859 (Iowa 2000) (holding counsel was not ineffective in conceding the defendant lacked standing to challenge search the of the vehicle in which the defendant was a passenger because the defendant lacked a privacy interest in the vehicle and its contents). 5 Flippo contests this finding.3 “When the police stop a

11
California v. Hodari D.green
scotus · 1991 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See California v. Hodari D., 499 U.S. 621, 629 (1991) (holding cocaine the defendant threw while fleeing from police was “not the fruit of a seizure” but was abandoned by the defendant); State v. Bumpus, 459 N.W.2d 619, 625 (Iowa 1990) (holding the defendant lacked standing to challenge a search of property because he had voluntarily abandoned it and no longer has a reasonable expectation of privacy with regard to that property); State v. Phipps, 528 N.W.2d 665, 668 (Iowa Ct. App. 1995) (holding the defendant lost any reasonable expectation of privacy he had in marijuana when he removed it fro

11
State of Iowa v. Christine Ann Kerngreen
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015In order to prove the element of possession, the State was required to show Brown “exercised dominion and control over the contraband, had knowledge of the contraband’s presence, and had knowledge the material was a narcotic.” State v. Kern, 831 N.W.2d 149, 160 (Iowa 2013) (internal quotation marks omitted).

11
State v. Bumpusgreen
iowa · 1990 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See California v. Hodari D., 499 U.S. 621, 629 (1991) (holding cocaine the defendant threw while fleeing from police was “not the fruit of a seizure” but was abandoned by the defendant); State v. Bumpus, 459 N.W.2d 619, 625 (Iowa 1990) (holding the defendant lacked standing to challenge a search of property because he had voluntarily abandoned it and no longer has a reasonable expectation of privacy with regard to that property); State v. Phipps, 528 N.W.2d 665, 668 (Iowa Ct. App. 1995) (holding the defendant lost any reasonable expectation of privacy he had in marijuana when he removed it fro

11
State v. Phippsgreen
iowactapp · 1995 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See California v. Hodari D., 499 U.S. 621, 629 (1991) (holding cocaine the defendant threw while fleeing from police was “not the fruit of a seizure” but was abandoned by the defendant); State v. Bumpus, 459 N.W.2d 619, 625 (Iowa 1990) (holding the defendant lacked standing to challenge a search of property because he had voluntarily abandoned it and no longer has a reasonable expectation of privacy with regard to that property); State v. Phipps, 528 N.W.2d 665, 668 (Iowa Ct. App. 1995) (holding the defendant lost any reasonable expectation of privacy he had in marijuana when he removed it fro

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Brooks green
iowa · 2009
2 sentences

2021Id.

2021Id.

32021–2021
State v. Turner green
iowa · 2001
1 sentence

2017See State v. Halliburton, 539 N.W.2d 339, 342-43 (Iowa 1995) (holding a passenger in a vehicle did not have a legitimate expectation of privacy in absence of evidence he was in control of the vehicle or otherwise possessed it at the time of the search); State v. Nurcaro, 614 N.W.2d 856, 859 (Iowa 2000) (holding counsel was not ineffective in conceding the defendant lacked standing to challenge search the of the vehicle in which the defendant was a passenger because the defendant lacked a privacy interest in the vehicle and its contents). 5 Flippo contests this finding.3 “When the police stop a

12017–2017

Statutes the citing opinions construe

IA § Iowa Code § 1.15 (3) IA § Iowa Code § 10.10 (3) IA § Iowa Code § 105.11 (3) IA § Iowa Code § 364.1 (3) IA § Iowa Code § 455B.307A (3) IA § Iowa Code § 455B.361 (3) IA § Iowa Code § 714.2 (3) IA § Iowa Code § 716.7 (3) IA § Iowa Code § 804.11 (3) IA § Iowa Code § 804.9 (3) IA § Iowa Code § 805.1 (3) IA § Iowa Code § 903.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 17 (1987–2024) IL 13 (1990–2022) TX 8 (1978–2018) IA 5 (2015–2021) IN 3 (2017–2020) CA 3 (1992–2023) MI 3 (2022–2022) HI 2 (1975–2017) WA 2 (2009–2009) KS 2 (1979–2007) AZ 2 (2014–2016) CT 2 (2008–2017) CO 2 (1988–2014) OH 2 (2005–2016) AR 2 (2006–2017) FL 2 (2008–2015)

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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