State v. Gaskins
| Docket Number | 131915 |
| Decision Date | 30 June 2015 |
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49 cases
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Clinton v. Garrett
...has occasionally read Article I, § 8 to confer distinct and more expansive rights than the Fourth Amendment. See, e.g., State v. Gaskins, 866 N.W.2d 1, 6–7 (Iowa 2015) ; State v. Pals, 805 N.W.2d 767, 782 & n.10 (Iowa 2011) ; State v. Ochoa, 792 N.W.2d 260, 284–85 (Iowa 2010). With respect ......
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State v. Hauge
...reserve the right to apply the principles differently under the state constitution compared to its federal counterpart. State v. Gaskins , 866 N.W.2d 1, 6 (Iowa 2015) (omission in original) (quoting King v. State , 797 N.W.2d 565, 571 (Iowa 2011) ). Hauge cited the Fourth Amendment to the U......
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State v. Kilby
...v. Kelly , 430 N.W.2d 427, 429 (Iowa 1988) (en banc))).Fourth, Pettijohn relied heavily on an inapplicable decision, State v. Gaskins , 866 N.W.2d 1, 14 (Iowa 2015), that departed from federal and prior Iowa precedent to limit the search-incident-to-arrest (SITA) doctrine. See Pettijohn , 8......
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State v. Wright
...nor any question of safety of the officers. Id. at 456, 101 S. Ct. at 2862. Many state courts howled. So did we. State v. Gaskins , 866 N.W.2d 1, 9–13 (Iowa 2015) ; State v. Vance , 790 N.W.2d 775, 786–90 (Iowa 2010). Justice Scalia noted that the Supreme Court caselaw assumed that the arre......
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1 books & journal articles
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Preservation, Primacy, and Process: A More Consistent Approach to State Constitutional Interpretation in Iowa
...those interpretations when they are persuaded to do so. See infra Part II.B. 11 . See infra Part III. 12 . See, e.g. , State v. Gaskins, 866 N.W.2d 1, 6 (Iowa 2015) (applying Iowa’s approach to state constitutional interpretation, in which the court “reserve[s] the right to apply [state and......