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32 Hawaii opinions name it 2 courts 1994–2025 6 in the last five years
The cases below were cited by Hawaii 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. Melemaigreen2 sentences2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "'the place and time of the interrogation, the length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]'" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). 2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "'the place and time of the interrogation, the length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]'" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). | 5 | 6 |
State v. Kazanas.green2 sentences2022The totality of the circumstances test applies to custodial interrogation, "in the sense that the defendant is deprived of his or her freedom of action in any significant way." Kazanas, 138 Hawai#i at,35, 375 P.3d at 1273 . 2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "'the place and time of the interrogation, the length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]'" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). | 5 | 6 |
State v. Ah Loogreen2 sentences2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "the place and time of the interrogation, the 5/ See Miranda v. Arizona, 384 U.S. 436 (1966). 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). 2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "'the place and time of the interrogation, the length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]'" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). | 3 | 8 |
State v. Boyntongreen2 sentences2020As to the totality of the circumstances inquiry, the supreme court has delineated several factors to be considered, including "whether the private individual: (1) was actively recruited; (2) was directed by a government agent; (3) acted for a private purpose; and (4) received any payment for his or her services." Id. at 127, 925 P.2d at 297 (citing Boynton, 58 Haw. at 537-38 , 574 P.2d at 1335 ). 2020As to the totality of the circumstances inquiry, the supreme court has delineated several factors to be considered, including "whether the private individual: (1) was actively recruited; (2) was directed by a government agent; (3) acted for a private purpose; and (4) received any payment for his or her services." Id. at 127, 925 P.2d at 297 (citing Boynton, 58 Haw. at 537-38 , 574 P.2d at 1335 ). | 2 | 4 |
United States v. Francisco Javier Alvarez, A.K.A. Frank Javier Alvarez, United States of America v. Richard Valenzuelagreen2 sentences2020Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983); see also United States v. Alvarez, 358 F.3d 1194, 1203 (9th Cir. 2004) (following Illinois v. Gates). 2004Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983); see also United States v. Alvarez, 358 F.3d 1194, 1203 (9th Cir. 2004) (following Illinois v. Gates ). . | 2 | 2 |
State v. Padillagreen2 sentences2008Vierra claims that under the totality-of-the-circumstances test adopted in Niel v. Biggers, 409 U.S. 188 , 93 S. Ct. 375 (1972), and State v. Padilla, 57 Haw. 150, 154 , 552 P.2d 357, 360 (1976), CW's identification of Vierra was unreliable. 2008Vierra claims that under the totality-of-the-circumstances test adopted in Niel v. Biggers, 409 U.S. 188 , 93 S. Ct. 375 (1972), and State v. Padilla, 57 Haw. 150, 154 , 552 P.2d 357, 360 (1976), CW's identification of Vierra was unreliable. | 2 | 2 |
Mahathiraj v. Columbia Gas of Ohio, Inc.green2 sentences2007Therefore, while, under the totality of the circumstances test, "`courts are free to police collusive settlements that unfairly saddle one tortfeasor with a disproportionate share of liability,'" by "`enabl[ing] the trial court to consider the potential proportionate liability of the parties in cases where such determinations are appropriate,'" the test "`does not require the court to consider it in every case.'" Troyer , 102 Hawai`i at 424, 77 P.3d at 108 (quoting Mahathiraj v. Columbia Gas of Ohio, Inc., 84 Ohio App.3d 554 , 617 N.E.2d 737, 741-42 (1992)). 2007Therefore, while, under the totality of the circumstances test, "`courts are free to police collusive settlements that unfairly saddle one tortfeasor with a disproportionate share of liability,'" by "`enabl[ing] the trial court to consider the potential proportionate liability of the parties in cases where such determinations are appropriate,'" the test "`does not require the court to consider it in every case.'" Troyer , 102 Hawai`i at 424, 77 P.3d at 108 (quoting Mahathiraj v. Columbia Gas of Ohio, Inc., 84 Ohio App.3d 554 , 617 N.E.2d 737, 741-42 (1992)). | 2 | 2 |
State v. Kahooneigreen2 sentences2022As part of the totality of the circumstances analysis, courts consider several factors, "including whether the private individual: (1) was actively recruited by a governmental agency to assist in its investigations; (2) was directed by a government agent; (3) acted for a private purpose; and (4) received any payment for his or her services." State v. Locquiao, 100 Hawai#i 195, 204, 58 P.3d 1242, 1251 (2002) (citing Kahoonei, 83 Hawai#i at 127, 925 P.2d at 297 )). 2020As to the totality of the circumstances inquiry, the supreme court has delineated several factors to be considered, including "whether the private individual: (1) was actively recruited; (2) was directed by a government agent; (3) acted for a private purpose; and (4) received any payment for his or her services." Id. at 127, 925 P.2d at 297 (citing Boynton, 58 Haw. at 537-38 , 574 P.2d at 1335 ). | 1 | 5 |
Miranda v. Arizonagreen2 sentences2020To determine whether an interrogation is custodial, the totality of the circumstances analysis focuses on "the place and time of the interrogation, the 5/ See Miranda v. Arizona, 384 U.S. 436 (1966). 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER length of the interrogation, the nature of the questions asked, the conduct of the police, and [any] other relevant circumstances[.]" Id. at 210, 10 P.3d at 731 (citing State v. Melemai, 64 Haw. 479, 481 , 643 P.2d 541, 544 (1982)); see also State v. Kazanas, 138 Hawai#i 23, 35, 375 P.3d 1261, 1273 (2016) (reiterating same). 2016Paahana discussed the distinction between the Innis test for interrogation and the totality of the circumstances test as follows: To be considered custodial interrogation, an officer’s questions or actions must be of such a nature that would “‘subjugate the individual to the will of his examiner’ and thereby undermine the privilege against compulsory self- incrimination.” Rhode Island v. Innis, 446 U.S. 291, 299 (1980) (quoting Miranda v. Arizona, 384 U.S. 436, 457-58 (1966). | 1 | 2 |
Neil v. Biggersgreen2 sentences2008Vierra claims that under the totality-of-the-circumstances test adopted in Niel v. Biggers, 409 U.S. 188 , 93 S. Ct. 375 (1972), and State v. Padilla, 57 Haw. 150, 154 , 552 P.2d 357, 360 (1976), CW's identification of Vierra was unreliable. 2008Vierra claims that under the totality-of-the-circumstances test adopted in Niel v. Biggers, 409 U.S. 188 , 93 S. Ct. 375 (1972), and State v. Padilla, 57 Haw. 150, 154 , 552 P.2d 357, 360 (1976), CW's identification of Vierra was unreliable. | 1 | 2 |
Babb v. City of Champaigngreen2 sentences2007In adopting and applying the totality of the circumstances test in Troyer , this court relied in part on two decisions of the Illinois Supreme Court, Dubina v. Mesirow Realty Dev., Inc., 197 Ill.2d 185 , 258 Ill.Dec. 562 , 756 N.E.2d 836 (2001), and In re Guardianship of Babb, 162 Ill.2d 153 , 205 Ill.Dec. 78 , 642 N.E.2d 1195 (1994). 2007In adopting and applying the totality of the circumstances test in Troyer , this court relied in part on two decisions of the Illinois Supreme Court, Dubina v. Mesirow Realty Dev., Inc., 197 Ill.2d 185 , 258 Ill.Dec. 562 , 756 N.E.2d 836 (2001), and In re Guardianship of Babb, 162 Ill.2d 153 , 205 Ill.Dec. 78 , 642 N.E.2d 1195 (1994). | 1 | 2 |
State v. Locquiaogreen1 sentence2022As part of the totality of the circumstances analysis, courts consider several factors, "including whether the private individual: (1) was actively recruited by a governmental agency to assist in its investigations; (2) was directed by a government agent; (3) acted for a private purpose; and (4) received any payment for his or her services." State v. Locquiao, 100 Hawai#i 195, 204, 58 P.3d 1242, 1251 (2002) (citing Kahoonei, 83 Hawai#i at 127, 925 P.2d at 297 )). | 1 | 1 |
State v. Fitzwater.green1 sentence2022See, e.g., State v. Fitzwater, 122 Hawai‘i 354, 378, 227 P.3d 520, 544 (2010), as amended (Apr. 5, 2010) (remanding for entry of judgment of a non-criminal traffic infraction because the evidence did not prove that the defendant exceeded the speed limit by at least thirty miles per hour). 24 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** Both our cases and federal courts are in accord that traffic stops are treated under a totality-of-the-circumstances analysis. | 1 | 1 |
Kernan v. Tanakagreen2 sentences2022See Kernan v. Tanaka, 75 Haw. 1, 38 , 856 P.2d 1207, 1226 (1993) (“Ordering the driver to exit the vehicle is an extension of the [temporary investigative] seizure that must be accompanied by sufficient facts to support the officer’s action.”). 9 ***NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER***__ Thus, under a totality of the circumstances analysis, Vasconcellos was not in custody at the time Officer Borges asked the medical rule-out questions, and Miranda warnings were not required. 6 IV. 2022See Kernan v. Tanaka, 75 Haw. 1, 38 , 856 P.2d 1207, 1226 (1993) (“Ordering the driver to exit the vehicle is an extension of the [temporary investigative] seizure that must be accompanied by sufficient facts to support the officer’s action.”). 9 ***NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER***__ Thus, under a totality of the circumstances analysis, Vasconcellos was not in custody at the time Officer Borges asked the medical rule-out questions, and Miranda warnings were not required. 6 IV. | 1 | 1 |
State v. Sagapolutele-Silva.green1 sentence2022See Sagapolutele-Silva, 151 Hawai‘i at 299, 511 P.3d at 798 (citing State v. Ah Loo, 94 Hawai‘i 207, 211, 10 P.3d 728, 732 (2000)). | 1 | 1 |
State v. Kalaigreen2 sentences2022Moreover, far from overruling cases like Wyatt and Kuba, which applied the test to traffic stops, Ketchum cited them in support. 15 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** Fifty years ago, in State v. Kalai, police went to the defendant’s home to ask what he knew about a shooting that had occurred two days prior. 56 Haw. 366, 369 , 537 P.2d 8, 11 (1975). 2022Moreover, far from overruling cases like Wyatt and Kuba, which applied the test to traffic stops, Ketchum cited them in support. 15 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** Fifty years ago, in State v. Kalai, police went to the defendant’s home to ask what he knew about a shooting that had occurred two days prior. 56 Haw. 366, 369 , 537 P.2d 8, 11 (1975). | 1 | 1 |
State v. Kaleohanogreen1 sentence2022However, this court consistently addresses the question whether a defendant has been subjected to custodial interrogation within the context of 14 One year after Ketchum, we again relied on Ah Loo in State v. Kaleohano, 99 Hawai‘i 370, 378, 56 P.3d 138, 146 (2002). | 1 | 1 |
State v. Lawsongreen1 sentence2021Lawson, 103 Hawai#i at 19-20, 78 P.3d at 1167-68 (first quoting Kahoonei, 83 Hawai#i at 127, 925 P.2d at 297 ; and then citing State v. Boynton, 58 Haw. 530 , 537–38, 574 P.2d 1330, 1335 (1978)). | 1 | 1 |
State v. Wyattgreen2 sentences2020In contrast, "the touchstone in analyzing whether 'interrogation' has taken place is whether the police officer 'should have known that his or her words and actions were reasonably likely to elicit an incriminating response from the defendant.'" Id. at 38, 375 P.3d at 1276 (brackets omitted) (quoting State v. Paahana, 66 Haw. 499, 503 , 666 P.2d 592 , 595- 596 (1983)); see Uchima, 147 Hawai#i at 84, 464 P.3d at 872 ("[I]nterrogation encompasses not only express questioning, but also any words or actions on the part of the police (other than those normally attendant to arrest and custody) that 2020In contrast, "the touchstone in analyzing whether 'interrogation' has taken place is whether the police officer 'should have known that his or her words and actions were reasonably likely to elicit an incriminating response from the defendant.'" Id. at 38, 375 P.3d at 1276 (brackets omitted) (quoting State v. Paahana, 66 Haw. 499, 503 , 666 P.2d 592 , 595- 596 (1983)); see Uchima, 147 Hawai#i at 84, 464 P.3d at 872 ("[I]nterrogation encompasses not only express questioning, but also any words or actions on the part of the police (other than those normally attendant to arrest and custody) that | 1 | 1 |
State v. Pattongreen1 sentence2020Similarly, in State v. Patton, the suspect’s confession was deemed per se involuntary under the totality of the circumstances test because it was induced by a doctored audio tape. 826 A.2d 783, 784 (N.J. | 1 | 1 |
State v. Pattersongreen2 sentences2020In this regard, the supreme court has acknowledged that "'no precise line can be drawn' between 'custodial interrogation,' on the one hand, and 'permissible general on-the-scene questioning,' on the other." Ah Loo, 94 Hawai#i at 210, 10 P.3d at 731 (brackets omitted) (quoting State v. Patterson, 59 Haw. 357, 362 , 581 P.2d 752, 755-56 (1978)). 2020In this regard, the supreme court has acknowledged that "'no precise line can be drawn' between 'custodial interrogation,' on the one hand, and 'permissible general on-the-scene questioning,' on the other." Ah Loo, 94 Hawai#i at 210, 10 P.3d at 731 (brackets omitted) (quoting State v. Patterson, 59 Haw. 357, 362 , 581 P.2d 752, 755-56 (1978)). | 1 | 1 |
State v. Trinque.green1 sentence2020In contrast, "the touchstone in analyzing whether 'interrogation' has taken place is whether the police officer 'should have known that his or her words and actions were reasonably likely to elicit an incriminating response from the defendant.'" Id. at 38, 375 P.3d at 1276 (brackets omitted) (quoting State v. Paahana, 66 Haw. 499, 503 , 666 P.2d 592 , 595- 596 (1983)); see Uchima, 147 Hawai#i at 84, 464 P.3d at 872 ("[I]nterrogation encompasses not only express questioning, but also any words or actions on the part of the police (other than those normally attendant to arrest and custody) that | 1 | 1 |
State v. Uchima.green1 sentence2020In contrast, "the touchstone in analyzing whether 'interrogation' has taken place is whether the police officer 'should have known that his or her words and actions were reasonably likely to elicit an incriminating response from the defendant.'" Id. at 38, 375 P.3d at 1276 (brackets omitted) (quoting State v. Paahana, 66 Haw. 499, 503 , 666 P.2d 592 , 595- 596 (1983)); see Uchima, 147 Hawai#i at 84, 464 P.3d at 872 ("[I]nterrogation encompasses not only express questioning, but also any words or actions on the part of the police (other than those normally attendant to arrest and custody) that | 1 | 1 |
| Rhode Island v. Innisgreen | 1 | 1 |
| State v. Ganalgreen | 1 | 1 |
| State v. Brooksgreen | 1 | 1 |
| State v. Smithred | 1 | 1 |
| People v. Harrisgreen | 1 | 1 |
| Maguire v. Hilton Hotels Corp.green | 1 | 1 |
| Smith v. Monongahela Power Co.green | 1 | 1 |
| Smith v. Texaco, Inc.green | 1 | 1 |
| Allstate Insurance Co. v. Parfreygreen | 1 | 1 |
| Burk v. Stategreen | 1 | 1 |
| State v. Schroedergreen | 1 | 1 |
| People v. Aguilargreen | 1 | 1 |
| State v. Sandersgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Illinois v. Gates
green
2 sentences2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic 2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic | 4 | 2004–2020 |
Troyer v. Adams
green
2 sentences2025In determining whether a settlement is in good faith for purposes of HRS § 663-15.5, we adopted a totality of the circumstances framework in Troyer v. Adams. 102 Hawaiʻi 399, 77 P.3d 83 (2003). 2007Therefore, while, under the totality of the circumstances test, "`courts are free to police collusive settlements that unfairly saddle one tortfeasor with a disproportionate share of liability,'" by "`enabl[ing] the trial court to consider the potential proportionate liability of the parties in cases where such determinations are appropriate,'" the test "`does not require the court to consider it in every case.'" Troyer , 102 Hawai`i at 424, 77 P.3d at 108 (quoting Mahathiraj v. Columbia Gas of Ohio, Inc., 84 Ohio App.3d 554 , 617 N.E.2d 737, 741-42 (1992)). | 3 | 2003–2025 |
State v. Paahana
green
2 sentences2016We agree and reaffirm that the touchstone in analyzing whether “interrogation” has taken place is whether the police officer “should have known that his [or her] words and actions were reasonably likely to elicit an incriminating response from the defendant.” Paahana, 66 Haw. at 503 , 666 P.2d at 595 -96 (citing Innis, 446 U.S. at 301 ). 5 Further, the Dissent maintains that we “denounce” the totality of the circumstances test in evaluating whether interrogation has occurred. 2016We agree and reaffirm that the touchstone in analyzing whether “interrogation” has taken place is whether the police officer “should have known that his [or her] words and actions were reasonably likely to elicit an incriminating response from the defendant.” Paahana, 66 Haw. at 503 , 666 P.2d at 595 -96 (citing Innis, 446 U.S. at 301 ). 5 Further, the Dissent maintains that we “denounce” the totality of the circumstances test in evaluating whether interrogation has occurred. | 2 | 2016–2020 |
Aguilar v. Texas
red
2 sentences2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic 2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic | 2 | 2011–2011 |
Spinelli v. United States
red
2 sentences2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic 2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic | 2 | 2011–2011 |
People v. Griminger
green
2 sentences2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic 2011The issue before the Court of Appeals of New York was whether the two-prong test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), which New York had "adopted. . . as a matter of State constitutional law," or the totality-of-the-circumstances test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant applic | 2 | 2011–2011 |
State v. Ketchum
green
1 sentence2022To the contrary, Ketchum expressly affirmed not only the totality-of-the-circumstances test, but also Wyatt and Kuba, both of which evaluated the totality of the circumstances surrounding traffic stops: The concurring and dissenting opinion “disagree[s] with the totality of the circumstances formulation seemingly adopted” by us “in this case.” Acoba and Ramil, JJ., concurring in part and dissenting in part . . . , at 129, 34 P.3d at 1028 . | 1 | 2022–2022 |
| State v. Stachler green | 1 | 2017–2017 |
| State v. Modlin green | 1 | 2015–2015 |
| Cabantac v. Holder green | 1 | 2015–2015 |
| Bodana v. Cagle green | 1 | 2015–2015 |
| State v. Pratt green | 1 | 2012–2012 |
| Dubina v. Mesirow Realty Development, Inc. green | 1 | 2007–2007 |
| State v. Sprattling green | 1 | 2005–2005 |
| State v. Friedman green | 1 | 2005–2005 |
| Tech-Bilt, Inc. v. Woodward-Clyde & Associates green | 1 | 2003–2003 |
| Fare v. Michael C. green | 1 | 1994–1994 |
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.