The federal Constitution and the Supreme Court cases interpreting it establish the minimum amount of protection that a state court must provide when it is interpreting a section of the Bill of Rights that has been made applicable to the states via the doctrine of incorporation, including instances when a state court is required to interpret and apply the Fourth Amendment. A state court interpreting the search-and-seizure provisions of its own constitution may provide more protection than is afforded by the federal Constitution but not less. Below is a sampling of cases decided in part based on a state court's interpretation of its own state constitutional provision governing search and seizure.
FLORIDA. Florida courts are constitutionally required to interpret search and seizure issues in conformity with the Fourth Amendment of the United States Constitution as interpreted by the United States Supreme Court (see State v. Hernandez, 718 So.2d 833 [Fla. App. 1998]).
GEORGIA. A driver's proceeding through a poorly lit intersection without her headlights on created reasonable suspicion to justify a traffic stop of driver under the state constitution (see State v. Hammang, 549 S.E.2d 440 [Ga. App. 2001]).
IDAHO. The term "exigent circumstances" refers to a catalogue of exceptional or compelling circumstances that allow police to enter, search, seize, and arrest without complying with the warrant requirements of the federal or state constitutions, including unannounced entries to search made pursuant to the state and federal "knock and announce" statutes (see State v. Rauch 586 P.2d 671 [Idaho 1978]).
ILLINOIS. Officers involved in the surveillance of an arranged drug purchase had sufficient probable cause to make an arrest of both the driver and passenger of an unidentified vehicle that was observed during the surveillance (see People v. Ortiz, 823 N.E.2d 1171 [Ill. App. 2005]).
KANSAS. Even though police improperly searched a suspect's pockets and found drugs, these drugs inevitably would have been discovered. Under the inevitable discovery doctrine, the search was permissible. (see State v. Ingram, 113 P.3d 228 [Kan. 2005]).
LOUISIANA. Warrantless searches and seizures are unreasonable per se unless justified by one of the specific exceptions to warrant requirement of the federal and state constitutions (see State v. Manson, 791 So. 2d 749 [La. App. 2001]).
MICHIGAN. Enhanced search and seizure protection under Michigan's Constitution is available only if the search or seizure occurs inside the curtilage of the house (see Mich. Const. Art. 1, § 11).
MINNESOTA. The purpose of the exclusionary rule based upon the search and seizure provision of the state constitution is to deter police misconduct, and thus there is no compelling reason to apply a more stringent standard when applying the state exclusionary rule than when applying the federal exclusionary rule (see State v. Martin, 595 N.W.2d 214 [Minn. App. 1999]).
NEW JERSEY. Racial profiling involves a claim of unlawful search and seizure in violation of the state's constitution (see State v. Velez, 763 A.2d 290 [N.J. Super. A.D. 2000]).
NEW MEXICO. The state constitution allows a warrantless arrest only upon a showing of exigent circumstances (see American Civil Liberties Union of New Mexico v. City of Albuquerque, 128 N.M. 315, 992 P.2d 866 (N.M. 1999); NM Const. Art. 2, § 10).
NEW YORK. Liquor retailer had no legitimate expectation of privacy in retail customer sales records maintained by liquor wholesalers with whom the retailer had business dealings, and thus, the retailer lacked standing to challenge, as an unreasonable search and seizure in violation of the New York Constitution, the Department of Taxation and Finance's use of wholesalers' sales records to investigate suspected underreporting of sales tax by liquor retailers (see Roebling Liquors Inc. v. Comm'r of Taxation & Finance, 728 N.Y.S.2d 509 [N.Y. App. Div. 2001]).
NORTH CAROLINA. An informant was sufficiently reliable such that his tip could provide probable cause where the informant had more than 14 years of personal dealings with an officer and had led to more than 100 arrests. (see State v. Stanley, 622 S.E.2d 680 [N.C. App. 2005]).
OHIO. An inventory search of a compartment of a lawfully impounded vehicle does not contravene the federal or state constitutions, where the search is administered in good faith and in accordance with reasonable police procedures or established routine (see State v. Mesa, 717 N.E.2d 329 [Ohio 1999]).
SOUTH CAROLINA. A court order violated a defendant's Fourth Amendment rights by compelling a blood sample. However, other evidence supported the defendant's conviction for murder and first-degree burglary, and the court determined that the error was harmless (see State v. Baccus, 2005 WL 3620398 (S.C. 2006).
WASHINGTON. Without judicial participation, a municipal court clerk may not order the issuance of an arrest warrant in the absence of an authorizing statute, court rule, or ordinance (see State v. Walker, 999 P.2d 1296 (Wash. App. 2000).
WISCONSIN. Where police officers act in objectively reasonable reliance upon a facially valid search warrant that has been issued by a detached and neutral magistrate, a good-faith exception to the exclusionary rule applies under the state constitution, provided that the state shows the process used in obtaining the warrant included a significant investigation and review by either a police officer trained and knowledgeable in the requirements of probable cause and reasonable suspicion or a knowledgeable government attorney (see State v. Eason, 629 N.W.2d 625 [Wisc. 2001]).

Please Make Note

Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

Google+ Badge

Powered by Blogger.

About Me

My Photo
Jessica Lynn Hepner
View my complete profile

Featured Post

Guide To Child Protection Services

WHAT EVERY PARENT SHOULD KNOW INFORMATION ALL PARENTS NEED TO KNOW Thursday, November 1, 2012 Guide to CPS Guide to CPS Child Protective Se...

Contact Form


Email *

Message *

Google+ Followers

Total Pageviews

Search This Blog

Ways To Support Syncretism

Blog Archive

Search This Blog



Save A Life by Angie Kassabie

Save A Life by Angie Kassabie
I URGE ALL MY FRIENDS TO READ & SHARE THIS; YOU COULD SAVE A LOVED ONES LIFE BY KNOWING THIS SIMPLE INFORMATION!!! Stroke has a new indicator! They say if you forward this to ten people, you stand a chance of saving one life. Will you send this along? Blood Clots/Stroke - They Now Have a Fourth Indicator, the Tongue: During a BBQ, a woman stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) ...she said she had just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food. While she appeared a bit shaken up, Jane went about enjoying herself the rest of the evening. Jane's husband called later telling everyone that his wife had been taken to the hospital - (at 6:00 PM Jane passed away.) She had suffered a stroke at the BBQ. Had they known how to identify the signs of a stroke, perhaps Jane would be with us today. Some don't die. They end up in a helpless, hopeless condition instead. It only takes a minute to read this. A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough. >>RECOGNIZING A STROKE<< Thank God for the sense to remember the '3' steps, STR. Read and Learn! Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions: S *Ask the individual to SMILE. T *Ask the person to TALK and SPEAK A SIMPLE SENTENCE (Coherently) (i.e. Chicken Soup) R *Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher. New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other that is also an indication of a stroke. A cardiologist says if everyone who gets this e-mail sends it to 10 people; you can bet that at least one life will be saved. I have done my part. Will you?

Popular Posts

Edit here

call Veteran Crisis @ 1-800-273-8255 press 1 or you can private/confidential chat to VeteransCrisisLine.net or text to 838255... Veterans Crisis Line | Hotline, Online Chat & Text Free, confidential support for Veterans in crisis and... VETERANSCRISISLINE.NET http://veteranscrisisline.net/

Recent Posts