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State v. Snyder
Ruled that domestic violence emergency protective orders are not de facto search warrants and do not meet the probable cause standards under the search and seizure clause
State v. Heath
Ruled that religious liberty clause in section of constitution containing housekeeping provisions for the transition from territory to statehood was not intended to broaden the guarantee in the declaration of rights
State v. Sutterfield
Ruled that arrest by police officer for completed misdemeanor that occurred outside the officer's presence did not violate search and seizure clause where officer was assisting a private individual conducting a citizen arrest
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
Hamen v. Hamlin County
Ruled that damage caused by law enforcement during an arrest is not a taking under the state constitution
Metcalfe v. State
Ruled repeal of statutory right of reinstatement unconstitutionally impaired or diminished an accrued benefit of the state employee retirement system
Dulin v. State
Dissent would have held that when the total court costs imposed on a defendant do not plainly exceed the cost to the state of litigating the case, there is no violation of separation of powers
State v. Lopez-Carrera
Dissent wrote that State's sovereign power and victims' rights require that statute limiting pretrial detention permit detention of a defendant noncitizen when removal is certain and imminent
Z.W.E. v. L.B. (Ex parte Z.W.E.)
Concurrence would have ruled that parentage statute’s definition of “child” should be interpreted to include unborn children as constitution specifically protects their rights