40 Maine opinions name it 2 courts 1979–2022 6 in the last five years
The cases below were cited by Maine 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.
| Case | Followed | Cited |
|---|---|---|
State v. Knowltongreen2 sentences2007See Wright, 2006 ME 13, ¶ 8 , 890 A.2d at 705 ; State v. Knowlton, 489 A.2d 529, 531-33 (Me.1985) (adopting the Supreme Court’s holding in Gates and requiring a positive reading of affidavits); see also Massachusetts v. Upton, 466 U.S. 727, 733 , 104 S.Ct. 2085 , 80 L.Ed.2d 721 (1984) (per curiam) (rejecting “grudging” or “negative” readings of search warrants); Gates, 462 U.S. at 230-32 , 103 S.Ct. 2317 (adopting the totality of the circumstances test). 2007See Wright, 2006 ME 13, ¶ 8 , 890 A.2d at 705 ; State v. Knowlton, 489 A.2d 529, 531-33 (Me.1985) (adopting the Supreme Court's holding in Gates and requiring a positive reading of affidavits); see also Massachusetts v. Upton, 466 U.S. 727, 733 , 104 S.Ct. 2085 , 80 L.Ed.2d 721 (1984) (per curiam) (rejecting "grudging" or "negative" readings of search warrants); Gates, 462 U.S. at 230-32 , 103 S.Ct. 2317 (adopting the totality of the circumstances test). | 4 | 6 |
State v. Gurneygreen2 sentences2019Pursuant to the totality of the circumstances test, a finding of probable cause requires "a practical, common-sense decision whether, given all the circumstances set forth in the affidavit ... including the 'veracity' and 'basis of knowledge' of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place." Gates, 462 U.S. at 238 ; see also Gurney, 2012 ME 14 , <JI 32, 36 A.3d 893 . 6. 2019Pursuant to the totality of the circumstances test, a finding of probable cause requires "a practical, common-sense decision whether, given all the circumstances set forth in the affidavit ... including the 'veracity' and 'basis of knowledge' of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place." Gates, 462 U.S. at 238 ; see also Gurney, 2012 ME 14 , <JI 32, 36 A.3d 893 . 6. | 4 | 4 |
State v. Samsongreen2 sentences2017Pursuant to the totality of the circumstances test, a finding of probable cause requires “a practical, common-sense decision whether, given all the circumstances set forth in the affidavit ... including the ‘veracity1 and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Gates, 462 U.S. at 238 , 103 S.Ct. 2317 ; see also Gurney, 2012 ME 14, ¶32, 36 A.3d 893 . [¶ 14] “To meet the standard for probable cause, the warrant affidavit must set forth some nexus between the evidence to 2017Pursuant to the totality of the circumstances test, a finding of probable cause requires “a practical, common-sense decision whether, given all the circumstances set forth in the affidavit ... including the ‘veracity1 and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Gates, 462 U.S. at 238 , 103 S.Ct. 2317 ; see also Gurney, 2012 ME 14, ¶32, 36 A.3d 893 . [¶ 14] “To meet the standard for probable cause, the warrant affidavit must set forth some nexus between the evidence to | 3 | 5 |
State of Maine v. Karl v. Kittredgegreen2 sentences2021The Law Court has noted that neither "generalized and vague" suggestions that telling the truth will be helpful to a defendant in the long run, Kittredge, 2014 ME 90 , J 28, nor "mere admonitions or exhortations to tell the truth," State v. Tardift. 374 A.2d 598, 601 (Me. 1977) will factor significantly into the totality of the circumstances analysis. 2018See Kittredge, 2014 ME 90, ¶24 , 97 A.3d 106 ; State v. Collins, 297 A.2d 620, 626-27 (1972) (citing Lego v. Twomey, 404 U.S. 477, 482-91 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972)). [¶ 14] In Hunt, we revisited several of our cases concerning improper threats or false promises of leniency and reiterated that neither a law enforcement officer’s “generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis.” 2016 ME 172, ¶ 23 , | 3 | 4 |
State v. Wrightgreen2 sentences2016Specifically, he argues that the affidavit “fail[ed] to set forth sufficient information establishing [Howard]’s veracity or reliability.” [¶ 12] We “review directly the finding of probable cause made by the [judge] who issued the warrant, affording great deference to the issuing [judge],” State v. Wright, 2006 ME 18, ¶ 8 , 890 A.2d 703 , and we “draw all reasonable inferences from the affidavit to support the finding of probable cause ... limit[ing] our inquiry to whether there is a substantial basis for the finding of probable cause under the totality of the circumstances test,” State v. Est 2007See Wright, 2006 ME 13, ¶ 8 , 890 A.2d at 705 ; State v. Knowlton, 489 A.2d 529, 531-33 (Me.1985) (adopting the Supreme Court's holding in Gates and requiring a positive reading of affidavits); see also Massachusetts v. Upton, 466 U.S. 727, 733 , 104 S.Ct. 2085 , 80 L.Ed.2d 721 (1984) (per curiam) (rejecting "grudging" or "negative" readings of search warrants); Gates, 462 U.S. at 230-32 , 103 S.Ct. 2317 (adopting the totality of the circumstances test). | 2 | 4 |
State v. Rabongreen2 sentences2016See Rabon, 2007 ME 113, ¶¶ 23, 31 , 930 A.2d 268 (“An affidavit’s inclusion of information regarding the observations of a person in addition to an informant is by no means required to establish probable cause under the totality of the circumstances test.”); Crowley, 1998 ME 187, ¶¶ 6-7 , 714 A.2d 834 (“[T]he basis of knowledge is no longer a separate and independent requirement but one that is closely intertwined with the other elements to illuminate the question of probable cause.”). [¶ 24] Nunez’s strongest argument, which was the primary basis for the trial court’s probable cause conclusio 2016See Rabon, 2007 ME 113, ¶¶ 23, 31 , 930 A.2d 268 (“An affidavit’s inclusion of information regarding the observations of a person in addition to an informant is by no means required to establish probable cause under the totality of the circumstances test.”); Crowley, 1998 ME 187, ¶¶ 6-7 , 714 A.2d 834 (“[T]he basis of knowledge is no longer a separate and independent requirement but one that is closely intertwined with the other elements to illuminate the question of probable cause.”). [¶ 24] Nunez’s strongest argument, which was the primary basis for the trial court’s probable cause conclusio | 2 | 3 |
State v. Ann Marie C.green2 sentences1982The Admissibility of the Confession In State v. Ann Marie C., Me., 407 A.2d 715 (1979), this Court adopted the totality of the circumstances test to determine whether a juvenile has knowingly and voluntarily decided to forego his right to remain silent and to have the assistance of counsel. 1982The Admissibility of the Confession In State v. Ann Marie C., Me., 407 A.2d 715 (1979), this Court adopted the totality of the circumstances test to determine whether a juvenile has knowingly and voluntarily decided to forego his right to remain silent and to have the assistance of counsel. | 2 | 3 |
State v. Tardiffgreen2 sentences2021The Law Court has noted that neither "generalized and vague" suggestions that telling the truth will be helpful to a defendant in the long run, Kittredge, 2014 ME 90 , J 28, nor "mere admonitions or exhortations to tell the truth," State v. Tardift. 374 A.2d 598, 601 (Me. 1977) will factor significantly into the totality of the circumstances analysis. 2016For example, we have noted that neither “generalized and vague” suggestions that telling the truth will be helpful to a defendant in the long run, Kittredge, 2014 ME 90, ¶ 28 , 97 A.3d 106 , nor “[m]ere admonitions or exhortations to tell the truth,” State v. Tardiff, 374 A.2d 598, 601 (Me. 1977), will factor significantly into the totality of the circumstances analysis. | 2 | 2 |
State v. Collinsgreen2 sentences2018See Kittredge, 2014 ME 90, ¶24 , 97 A.3d 106 ; State v. Collins, 297 A.2d 620, 626-27 (1972) (citing Lego v. Twomey, 404 U.S. 477, 482-91 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972)). [¶ 14] In Hunt, we revisited several of our cases concerning improper threats or false promises of leniency and reiterated that neither a law enforcement officer’s “generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis.” 2016 ME 172, ¶ 23 , 2018See Kittredge, 2014 ME 90, ¶ 24 , 97 A.3d 106 ; State v. Collins, 297 A.2d 620, 626-27 (1972) (citing Lego v. Twomey, 404 U.S. 477, 482-91 (1972)). [¶14] In Hunt, we revisited several of our cases concerning improper threats or false promises of leniency and reiterated that neither a law enforcement officer’s “generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis.” 2016 ME 172, ¶ 23 , 151 A.3d 911 (citations omitted | 2 | 2 |
State v. Caouettegreen2 sentences2001“In order to find a statement voluntary, it must first be established that it is the result of defendant’s exercise of his own free will and rational intellect.” State v. Rees, 2000 ME 55, ¶ 3 , 748 A.2d 976, 977 (citing State v. Caouette, 446 A.2d 1120, 1128-24 (Me.1982)). “[T]he voluntariness requirement gives effect to three overlapping but conceptually distinct values: (1) it discourages objectionable police practices; (2) it protects the mental freedom of the individual; and (3) it preserves a quality of fundamental fairness in the criminal justice system.” State v. Mikulewicz, 462 A.2d 4 2001"In order to find a statement voluntary, it must first be established that it is the result of defendant's exercise of his own free will and rational intellect." State v. Rees, 2000 ME 55, ¶ 3 , 748 A.2d 976, 977 (citing State v. Caouette, *1176 446 A.2d 1120, 1123-24 (Me.1982)). "[T]he voluntariness requirement gives effect to three overlapping but conceptually distinct values: (1) it discourages objectionable police practices; (2) it protects the mental freedom of the individual; and (3) it preserves a quality of fundamental fairness in the criminal justice system." State v. Mikulewicz, 462 | 2 | 2 |
State v. Mikulewiczgreen2 sentences2001“In order to find a statement voluntary, it must first be established that it is the result of defendant’s exercise of his own free will and rational intellect.” State v. Rees, 2000 ME 55, ¶ 3 , 748 A.2d 976, 977 (citing State v. Caouette, 446 A.2d 1120, 1128-24 (Me.1982)). “[T]he voluntariness requirement gives effect to three overlapping but conceptually distinct values: (1) it discourages objectionable police practices; (2) it protects the mental freedom of the individual; and (3) it preserves a quality of fundamental fairness in the criminal justice system.” State v. Mikulewicz, 462 A.2d 4 2001"In order to find a statement voluntary, it must first be established that it is the result of defendant's exercise of his own free will and rational intellect." State v. Rees, 2000 ME 55, ¶ 3 , 748 A.2d 976, 977 (citing State v. Caouette, *1176 446 A.2d 1120, 1123-24 (Me.1982)). "[T]he voluntariness requirement gives effect to three overlapping but conceptually distinct values: (1) it discourages objectionable police practices; (2) it protects the mental freedom of the individual; and (3) it preserves a quality of fundamental fairness in the criminal justice system." State v. Mikulewicz, 462 | 2 | 2 |
State v. Reesgreen2 sentences2014State v. Rees, 2000 ME 55 , 'II 3, 748 A.2d 976, 977 . in applying a totality of the circumstances analysis to determine 3 voluntariness, both external and internal factors are considered, such as: the details of the interrogation; duration of the interrogation; location of the interrogation; whether the interrogation was custodial; the recitation of Miranda warnings; the number of officers involved; the persistence of the officers; police trickery; threats, promises or inducements made to the defendant; and the defendant's age, physical and mental health, emotional stability, and conduct. 2014State v. Rees, 2000 ME 55 , 'II 3, 748 A.2d 976, 977 . in applying a totality of the circumstances analysis to determine 3 voluntariness, both external and internal factors are considered, such as: the details of the interrogation; duration of the interrogation; location of the interrogation; whether the interrogation was custodial; the recitation of Miranda warnings; the number of officers involved; the persistence of the officers; police trickery; threats, promises or inducements made to the defendant; and the defendant's age, physical and mental health, emotional stability, and conduct. | 2 | 2 |
Massachusetts v. Uptongreen2 sentences2007See Wright, 2006 ME 13, ¶ 8 , 890 A.2d at 705 ; State v. Knowlton, 489 A.2d 529, 531-33 (Me.1985) (adopting the Supreme Court's holding in Gates and requiring a positive reading of affidavits); see also Massachusetts v. Upton, 466 U.S. 727, 733 , 104 S.Ct. 2085 , 80 L.Ed.2d 721 (1984) (per curiam) (rejecting "grudging" or "negative" readings of search warrants); Gates, 462 U.S. at 230-32 , 103 S.Ct. 2317 (adopting the totality of the circumstances test). 2007See Wright, 2006 ME 13, ¶ 8 , 890 A.2d at 705 ; State v. Knowlton, 489 A.2d 529, 531-33 (Me.1985) (adopting the Supreme Court's holding in Gates and requiring a positive reading of affidavits); see also Massachusetts v. Upton, 466 U.S. 727, 733 , 104 S.Ct. 2085 , 80 L.Ed.2d 721 (1984) (per curiam) (rejecting "grudging" or "negative" readings of search warrants); Gates, 462 U.S. at 230-32 , 103 S.Ct. 2317 (adopting the totality of the circumstances test). | 2 | 2 |
Illinois v. Gatesgreen2 sentences2022Id. [¶12] In Illinois v. Gates, a case involving an anonymous tip in the probable cause context, the Court adopted a totality-of-the-circumstances test for probable cause but made clear that the factors central to its previous test— the tipster’s “veracity,” “reliability,” and “basis of knowledge”—remained “highly relevant.” 462 U.S. 213, 225, 230-32, 238 (1983) (quotation marks omitted). 2022The Court stressed that the totality-of-the-circumstances test “permits a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant’s tip.” Id. at 234 . | 1 | 8 |
State of Maine v. Timothy M. Huntgreen2 sentences2022Frustration and urging the Defendant to be honest is a factor to be considered, but under the circumstances in this case those actions of the officer were entirely permissible. "[NJ either a law enforcement officer's' generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis."' State v. Annis, 2018 ME 15 , P14, 178 A.3d 467,472 , (Citing, State v. Hunt, 2016 ME 172 , ,r 23, 151 A.3d 911 (citations omitted) (quotation ma 2022Frustration and urging the Defendant to be honest is a factor to be considered, but under the circumstances in this case those actions of the officer were entirely permissible. "[NJ either a law enforcement officer's' generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis."' State v. Annis, 2018 ME 15 , P14, 178 A.3d 467,472 , (Citing, State v. Hunt, 2016 ME 172 , ,r 23, 151 A.3d 911 (citations omitted) (quotation ma | 1 | 5 |
Lego v. Twomeygreen2 sentences2018See Kittredge, 2014 ME 90, ¶24 , 97 A.3d 106 ; State v. Collins, 297 A.2d 620, 626-27 (1972) (citing Lego v. Twomey, 404 U.S. 477, 482-91 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972)). [¶ 14] In Hunt, we revisited several of our cases concerning improper threats or false promises of leniency and reiterated that neither a law enforcement officer’s “generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis.” 2016 ME 172, ¶ 23 , 2018See Kittredge, 2014 ME 90, ¶24 , 97 A.3d 106 ; State v. Collins, 297 A.2d 620, 626-27 (1972) (citing Lego v. Twomey, 404 U.S. 477, 482-91 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972)). [¶ 14] In Hunt, we revisited several of our cases concerning improper threats or false promises of leniency and reiterated that neither a law enforcement officer’s “generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis.” 2016 ME 172, ¶ 23 , | 1 | 2 |
Alabama v. Whitegreen2 sentences2022The Court held that probable cause existed because police had corroborated “major 10 portions of the [tip]’s predictions,” including its “range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted.” Id. at 245-46 . [¶13] Next, in Alabama v. White, the Court drew on Adams and Gates to examine whether an anonymous telephone tip, “as corroborated by independent police work, exhibited sufficient indicia of reliability to provide reasonable suspicion to make [an] investigatory sto 2022What is lacking is evidence that the police were able to confirm the anonymous tipster’s assertion of illegality by (1) corroborating a prediction of Barclift’s actions that was sufficiently specific and detailed to indicate inside knowledge of a plan to commit a crime or (2) independently obtaining reliable information, through their own direct observation or from known reliable sources, corroborating the tipster’s assertion of illegality.17 The information that the police obtained in attempting to corroborate the anonymous tip was not enough to indicate that 17 The dissent acknowledges the S | 1 | 1 |
Florida v. JLgreen1 sentence2022What is lacking is evidence that the police were able to confirm the anonymous tipster’s assertion of illegality by (1) corroborating a prediction of Barclift’s actions that was sufficiently specific and detailed to indicate inside knowledge of a plan to commit a crime or (2) independently obtaining reliable information, through their own direct observation or from known reliable sources, corroborating the tipster’s assertion of illegality.17 The information that the police obtained in attempting to corroborate the anonymous tip was not enough to indicate that 17 The dissent acknowledges the S | 1 | 1 |
State of Maine v. Andrew J. Kiersteadgreen2 sentences2022See, e.g., State v. Kierstead, 2015 ME 45 , ,i 15, 114 A.3d 984 . 2022See, e.g., State v. Kierstead, 2015 ME 45 , ,i 15, 114 A.3d 984 . | 1 | 1 |
| State v. Lavoiegreen | 1 | 1 |
| State v. Hoppegreen | 1 | 1 |
| In re Children of Bethmarie R.green | 1 | 1 |
| State of Maine v. Bartolo P. Fordgreen | 1 | 1 |
| J. D. B. v. North Carolinagreen | 1 | 1 |
| State v. Cloutiergreen | 1 | 1 |
| United States v. Weikertgreen | 1 | 1 |
| State v. Diamondgreen | 1 | 1 |
| State v. Durepogreen | 1 | 1 |
| Arizona v. Fulminantegreen | 1 | 1 |
| Daniels v. Stategreen | 1 | 1 |
| Zani v. Statered | 1 | 1 |
| Zani v. Stategreen | 1 | 1 |
| State v. Lutzgreen | 1 | 1 |
| State v. Farleygreen | 1 | 1 |
| State v. Simmonsgreen | 1 | 1 |
| State v. Bleylgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. George
green
2 sentences2018Factors germane to this totality of the circumstances analysis include the police interview’s "details ... duration ... location ... [and] custodial [nature]; ... the recitation of Miranda warnings; the number of officers involved; the persistence of the officers; police trickery; threats, • promises or inducements made to the defendant; and the defendant’s age, physical- and mental health, emotional stability, and conduct.” State v. Hunt, 2016 ME 172, ¶22 , 151 A.3d 911 (quoting State v. George, 2012 ME 64, ¶21 , 52 A.3d 903 ). 3 . 2018Factors germane to this totality of the circumstances analysis include the police interview’s "details ... duration ... location ... [and] custodial [nature]; ... the recitation of Miranda warnings; the number of officers involved; the persistence of the officers; police trickery; threats, • promises or inducements made to the defendant; and the defendant’s age, physical- and mental health, emotional stability, and conduct.” State v. Hunt, 2016 ME 172, ¶22 , 151 A.3d 911 (quoting State v. George, 2012 ME 64, ¶21 , 52 A.3d 903 ). 3 . | 3 | 2018–2022 |
State v. Sawyer
green
2 sentences2021State v. Sawyer, 2001 ME 88 , 'l[9, 772 A.2d 1173, 1176 . 2009In applying a totality of the circumstances analysis to determine voluntariness, the court must consider both external and internal factors, such as: the details of the interrogation; duration of the interrogation; location of the interrogation; whether the 5 interrogation was custodial; the recitation of Miranda warnings; the number of officers involved; the persistence of the officers; police trickery; threats, promises or inducements made to the defendant; and the defendant's age, physical and mental health, emotional stability, and conduct. 772 A.2d at 1176 . | 3 | 2009–2021 |
State of Maine v. James R. Simmons State of Maine v. Frederick A. Campbell
green
2 sentences2017The nexus may “be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].” Id. (quotation marks omitted). [¶ 15] When probable cause for the issuance of a warrant is challenged on appeal, “we directly review the finding of probable cause made by the magistrate who issued the warrant.” State v. Simmons, 2016 ME 103, ¶ 11 , 143 A.3d 819 (quotation marks omitted). 2017The nexus may “be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].” Id. (quotation marks omitted). [¶ 15] When probable cause for the issuance of a warrant is challenged on appeal, “we directly review the finding of probable cause made by the magistrate who issued the warrant.” State v. Simmons, 2016 ME 103, ¶ 11 , 143 A.3d 819 (quotation marks omitted). | 3 | 2017–2017 |
Brinegar v. United States
green
2 sentences1989“Under the totality of the circumstances test, the magistrate’s probable cause finding is made upon ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ ” Knowlton, 489 A.2d at 531 (quoting Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949)). 1989“Under the totality of the circumstances test, the magistrate’s probable cause finding is made upon ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ ” Knowlton, 489 A.2d at 531 (quoting Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949)). | 3 | 1985–1989 |
State v. Crowley
green
2 sentences2016See Rabon, 2007 ME 113, ¶¶ 23, 31 , 930 A.2d 268 (“An affidavit’s inclusion of information regarding the observations of a person in addition to an informant is by no means required to establish probable cause under the totality of the circumstances test.”); Crowley, 1998 ME 187, ¶¶ 6-7 , 714 A.2d 834 (“[T]he basis of knowledge is no longer a separate and independent requirement but one that is closely intertwined with the other elements to illuminate the question of probable cause.”). [¶ 24] Nunez’s strongest argument, which was the primary basis for the trial court’s probable cause conclusio 2016See Rabon, 2007 ME 113, ¶¶ 23, 31 , 930 A.2d 268 (“An affidavit’s inclusion of information regarding the observations of a person in addition to an informant is by no means required to establish probable cause under the totality of the circumstances test.”); Crowley, 1998 ME 187, ¶¶ 6-7 , 714 A.2d 834 (“[T]he basis of knowledge is no longer a separate and independent requirement but one that is closely intertwined with the other elements to illuminate the question of probable cause.”). [¶ 24] Nunez’s strongest argument, which was the primary basis for the trial court’s probable cause conclusio | 2 | 2002–2016 |
Fare v. Michael C.
green
2 sentences1982Quoting from the United States Supreme Court decision in Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979), we noted: This totality of the circumstances approach is adequate to determine whether there has been a waiver even where interrogation of juveniles is involved. 1982Quoting from the United States Supreme Court decision in Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979), we noted: This totality of the circumstances approach is adequate to determine whether there has been a waiver even where interrogation of juveniles is involved. | 2 | 1979–1982 |
State of Maine v. Douglas Annis
green
1 sentence2022Frustration and urging the Defendant to be honest is a factor to be considered, but under the circumstances in this case those actions of the officer were entirely permissible. "[NJ either a law enforcement officer's' generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis."' State v. Annis, 2018 ME 15 , P14, 178 A.3d 467,472 , (Citing, State v. Hunt, 2016 ME 172 , ,r 23, 151 A.3d 911 (citations omitted) (quotation ma | 1 | 2022–2022 |
State of Maine v. Douglas Annis
green
1 sentence2022Frustration and urging the Defendant to be honest is a factor to be considered, but under the circumstances in this case those actions of the officer were entirely permissible. "[NJ either a law enforcement officer's' generalized and vague suggestions that telling the truth will be helpful to a defendant in the long run, nor mere admonitions or exhortations to tell the truth, will factor significantly into the totality of the circumstances analysis."' State v. Annis, 2018 ME 15 , P14, 178 A.3d 467,472 , (Citing, State v. Hunt, 2016 ME 172 , ,r 23, 151 A.3d 911 (citations omitted) (quotation ma | 1 | 2022–2022 |
Adams v. Williams
green
1 sentence2022Id. [¶12] In Illinois v. Gates, a case involving an anonymous tip in the probable cause context, the Court adopted a totality-of-the-circumstances test for probable cause but made clear that the factors central to its previous test— the tipster’s “veracity,” “reliability,” and “basis of knowledge”—remained “highly relevant.” 462 U.S. 213, 225, 230-32, 238 (1983) (quotation marks omitted). | 1 | 2022–2022 |
| State v. Gould green | 1 | 2018–2018 |
State v. Nadeau
green
2 sentences2018Id. ¶ 24 (quoting State v. Gould, 2012 ME 60, ¶¶ 11-13 , 43 A.3d 952 ); see State v. Lavoie, 2010 ME 76, ¶¶ 21, 24 , 1 A.3d 408 ; State v. Nadeau, 2010 ME 71, ¶¶ 57-58 , 1 A.3d 445 ; State v. Dion, 2007 ME 87, ¶¶ 34-35 , 928 A.2d 746 . [¶15] The investigator’s remark that it would make the situation one hundred times worse “if . . . all you hear is denial, and people look at this and say that this person is not willing to take responsibility, he is a danger” is the sort of vague and generalized statement that we have held falls short of an impermissible threat or promise of leniency. 2018Id. ¶ 24 (quoting State v. Gould, 2012 ME 60, ¶¶ 11-13 , 43 A.3d 952 ); see State v. Lavoie, 2010 ME 76, ¶¶ 21, 24 , 1 A.3d 408 ; State v. Nadeau, 2010 ME 71, ¶¶ 57-58 , 1 A.3d 445 ; State v. Dion, 2007 ME 87, ¶¶ 34-35 , 928 A.2d 746 . [¶15] The investigator’s remark that it would make the situation one hundred times worse “if . . . all you hear is denial, and people look at this and say that this person is not willing to take responsibility, he is a danger” is the sort of vague and generalized statement that we have held falls short of an impermissible threat or promise of leniency. | 1 | 2018–2018 |
State v. Dion
green
2 sentences2018Id. ¶ 24 (quoting State v. Gould, 2012 ME 60, ¶¶ 11-13 , 43 A.3d 952 ); see State v. Lavoie, 2010 ME 76, ¶¶ 21, 24 , 1 A.3d 408 ; State v. Nadeau, 2010 ME 71, ¶¶ 57-58 , 1 A.3d 445 ; State v. Dion, 2007 ME 87, ¶¶ 34-35 , 928 A.2d 746 . [¶15] The investigator’s remark that it would make the situation one hundred times worse “if . . . all you hear is denial, and people look at this and say that this person is not willing to take responsibility, he is a danger” is the sort of vague and generalized statement that we have held falls short of an impermissible threat or promise of leniency. 2018Id. ¶ 24 (quoting State v. Gould, 2012 ME 60, ¶¶ 11-13 , 43 A.3d 952 ); see State v. Lavoie, 2010 ME 76, ¶¶ 21, 24 , 1 A.3d 408 ; State v. Nadeau, 2010 ME 71, ¶¶ 57-58 , 1 A.3d 445 ; State v. Dion, 2007 ME 87, ¶¶ 34-35 , 928 A.2d 746 . [¶15] The investigator’s remark that it would make the situation one hundred times worse “if . . . all you hear is denial, and people look at this and say that this person is not willing to take responsibility, he is a danger” is the sort of vague and generalized statement that we have held falls short of an impermissible threat or promise of leniency. | 1 | 2018–2018 |
| State v. Estabrook green | 1 | 2016–2016 |
| Stewart Title Guaranty Co. v. State Tax Assessor green | 1 | 2016–2016 |
| Samson v. California green | 1 | 2009–2009 |
| Sampson v. United States green | 1 | 2009–2009 |
| State v. Higgins green | 1 | 2007–2007 |
| State v. Edwards green | 1 | 1993–1993 |
| Salazar v. United States green | 1 | 1992–1992 |
| Hayes v. Lockhart green | 1 | 1992–1992 |
| In re Disbarment of Cartwright green | 1 | 1992–1992 |
| State v. Nickerson green | 1 | 1990–1990 |
| State v. MICHAEL L. green | 1 | 1982–1982 |
| State v. Melvin green | 1 | 1979–1979 |
| State v. Foisy green | 1 | 1979–1979 |
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.
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.