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· 7/6/2017

Jeffrey Paul Howe v. City of Enterprise

Citations

  • 861 F.3d 1300
  • 2017 WL 2871511
  • 2017 U.S. App. LEXIS 12038

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding issues must be raised in trial court and parties will be held to theory upon which case was presented
  • observing that application of the right-result-wrong-theory rule requires preservation of arguments supporting application of the correct legal theory
  • ruling State has burden to demonstrate warrantless search fell within well-recognized exception to warrant requirement or was otherwise reasonable under circumstances
  • finding the State argued consent below and therefore the plain-view doctrine argument not preserved on appeal
  • explaining the term standing as “shorthand for the question [of] whether the moving party had a legitimate expectation of privacy . . . .” (citation omitted)
  • explaining the term standing as “shorthand for the question [of] whether the moving party had a legitimate expectation of privacy . . . .” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Hull, Per Curiam, Wilson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.