totality of the circumstances test in New Jersey

2026In determining whether there is probable cause, the court should utilize the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 238 (1983); State v. Novembrino, 105 N.J. 95, 122 (1987).

2025Given the flexible nature of probable cause, our courts have adopted the totality of the circumstances test set forth by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 238 (1983).

2026A totality-of-the-circumstances analysis requires the court to consider such factors as defendant's "'. . . age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature[,] and whether physical punishment or mental exhaustion was involved.'" State v. Presha, 163 N.J. 304, 313 (2000) (quoting State v. Miller, 76 N.J. 392, 402 (1978)).

2026In the totality-of-the-circumstances inquiry, courts generally rely on factors such as "the suspect's age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature and whether physical punishment or mental exhaustion was involved." State v. Miller, 76 N.J. 392, 402 (1978).

2026In determining whether there is probable cause, the court should utilize the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 238 (1983); State v. Novembrino, 105 N.J. 95, 122 (1987).

2024State v. Novembrino, 105 N.J. 95, 122 (1987) (adopting the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 238 (1983)).

2026A totality-of-the-circumstances analysis requires the court to consider such factors as defendant's "'. . . age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature[,] and whether physical punishment or mental exhaustion was involved.'" State v. Presha, 163 N.J. 304, 313 (2000) (quoting State v. Miller, 76 N.J. 392, 402 (1978)).

2026In a totality of the circumstances analysis, we consider factors such as the defendant's "age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature and whether physical punishment or mental exhaustion was involved." Nyhammer, 197 N.J. at 402 (quoting Presha, 163 N.J. at 313 ).

2026In a totality of the circumstances analysis, we consider factors such as the defendant's "age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature and whether physical punishment or mental exhaustion was involved." Nyhammer, 197 N.J. at 402 (quoting Presha, 163 N.J. at 313 ).

2025To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also State v. A-2311-22 17 Nyhammer, 197 N.J. 383 , 405 n.11 (2009) (emphasizing the totality of the circumstances analysis).

2026In assessing the totality of the circumstances for a stop based on a motor vehicle violation, a reviewing court must determine "[whether] the facts available to the officer at the moment of the seizure . . . warrant [an individual] of reasonable caution in the belief that the action taken was appropriate[.]" State v. Arthur, 149 N.J. 1, 7-8 (1997) (quoting Terry v. Ohio, 392 U.S. 1 , 21- A-0309-23 9 22 (1968)).

2024In assessing the totality of the circumstances for a stop based on a motor vehicle violation, a reviewing court must determine "[whether] the facts available to the officer at the moment of the seizure . . . warrant [an individual] of reasonable caution in the belief that the action taken was appropriate." State v. Arthur, 149 N.J. 1, 7-8 (1997) (quoting Terry v. Ohio, 392 U.S. 1, 21-22 (1968)).

2026See State v. Alessi, 240 N.J. 501 , 518-23 (2020); State v. Chisum, 236 N.J. 530, 545-46 (2019); State v. Pineiro, 181 N.J. 13, 20-21 (2004); State v. Stovall, 170 N.J. 346, 361 (2002). "[A] finding of reasonable and articulable suspicion of ongoing criminality" is determined by objective "cumulative factors in a totality of the circumstances analysis[.]" Elders, 192 N.J. at 250 .

2026"It is fundamental to a totality of the circumstances analysis of whether reasonable suspicion exists that courts may consider the experience and knowledge of law enforcement officers." Stovall, 170 N.J. at 363 .

2026See State v. Alessi, 240 N.J. 501 , 518-23 (2020); State v. Chisum, 236 N.J. 530, 545-46 (2019); State v. Pineiro, 181 N.J. 13, 20-21 (2004); State v. Stovall, 170 N.J. 346, 361 (2002). "[A] finding of reasonable and articulable suspicion of ongoing criminality" is determined by objective "cumulative factors in a totality of the circumstances analysis[.]" Elders, 192 N.J. at 250 .

2025See also Pineiro, 181 N.J. at 22 ("An officer's experience and knowledge are factors courts should consider in applying the totality of the circumstances test.").

2025Indeed, "the presence of a parent is a 'highly significant factor' in the totality of the circumstances analysis contemplated by Presha." State in the Int. of A.S., 203 N.J. 131, 154 (2010).

2025Rather than consider the mother's presence a conflict, the Court stated "the presence of a parent is a 'highly significant factor' in the totality of the circumstances analysis contemplated by Presha and, generally, that reassuring presence will assist the juvenile in the exercise of [their] rights." Id. at 154-55 .

2025In that analysis, the totality-of-the-circumstances test applies and we consider the same factors that "govern a court's determination of whether a Miranda waiver is valid." Tillery, 238 N.J. at 316-17 .7 7 Although the judge did not expressly address the voluntariness of defendant's statement, she did consider the same totality-of-the-circumstances factors in connection with her assessment of the validity of defendant's waiver of his Miranda rights.

2025In that analysis, the totality-of-the-circumstances test applies and we consider the same factors that "govern a court's determination of whether a Miranda waiver is valid." Tillery, 238 N.J. at 316-17 .7 7 Although the judge did not expressly address the voluntariness of defendant's statement, she did consider the same totality-of-the-circumstances factors in connection with her assessment of the validity of defendant's waiver of his Miranda rights.

2026In assessing the totality of the circumstances for a stop based on a motor vehicle violation, a reviewing court must determine "[whether] the facts available to the officer at the moment of the seizure . . . warrant [an individual] of reasonable caution in the belief that the action taken was appropriate[.]" State v. Arthur, 149 N.J. 1, 7-8 (1997) (quoting Terry v. Ohio, 392 U.S. 1 , 21- A-0309-23 9 22 (1968)).

2024In assessing the totality of the circumstances for a stop based on a motor vehicle violation, a reviewing court must determine "[whether] the facts available to the officer at the moment of the seizure . . . warrant [an individual] of reasonable caution in the belief that the action taken was appropriate." State v. Arthur, 149 N.J. 1, 7-8 (1997) (quoting Terry v. Ohio, 392 U.S. 1, 21-22 (1968)).

2026In other words, a CI's tip is one factor among others to be considered in the totality of the circumstances analysis: [T]he task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, 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. [Ibid. (alteration in original) (internal quotation marks omitted) (quoting Smith, 155 N.J. at 93 ).] "The particularity req

2025Jones, 179 N.J. at 389 (quoting State v. Novembrino, 105 N.J. 95, 123 (1987)). "[I]f police corroborate 'information from which it can be inferred that the informant's tip was grounded on inside information, this corroboration is sufficient to satisfy the basis of knowledge prong' as well as the veracity prong." State v. Sullivan, 169 N.J. 204, 214 (2001) (quoting State v. Smith, 155 N.J. 83, 98 (1998)).

2026See State v. Alessi, 240 N.J. 501 , 518-23 (2020); State v. Chisum, 236 N.J. 530, 545-46 (2019); State v. Pineiro, 181 N.J. 13, 20-21 (2004); State v. Stovall, 170 N.J. 346, 361 (2002). "[A] finding of reasonable and articulable suspicion of ongoing criminality" is determined by objective "cumulative factors in a totality of the circumstances analysis[.]" Elders, 192 N.J. at 250 .

2021The reasonable suspicion standard is far lower than probable cause, ibid., and is determined by objective "cumulative factors in a totality of the circumstances analysis[.]" State v. Elders, 192 N.J. 224, 250 (2007).

2024A totality of the circumstances standard applies to probable cause determinations because probable cause is a "fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even A-2246-22 23 usefully, reduced to a neat set of legal rules." Schneider v. Simonini, 163 N.J. 336, 361 (2000) (quoting Illinois v. Gates, 462 U.S. 213, 232 (1983)).

2005Under the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 238 , 462 U.S. 213 , 103 S.Ct. 2317, 2332 , 76 L.Ed. 2d 527, 548 (1983), the observations of the detectives and their experience as narcotics officers "supported a well-grounded suspicion that [they] had witnessed a drug transaction." Moore, supra ( 181 N.J. at 46-47 , 853 A. 2d 903 ) ( citing Gates, supra ( 462 U.S. at 238 , 103 S.Ct. at 2332 , 76 L.Ed. 2d at 544 ), State v. Johnson, 171 N.J. 192, 217 , 793 A. 2d 619 (2002), Schneider v. Simonini, 163 N.J. 336, 362 , 749 A. 2d 336 (2000)).

2019Under the totality of the circumstances analysis, weight is given to the officer's experience and knowledge, and the "rational inferences that could be drawn from the facts objectively and reasonably viewed in light of the officer's expertise." State v. Todd, 355 N.J.

2019Under the totality of the circumstances analysis, weight is given to the officer's experience and knowledge, and the "rational inferences that could be drawn from the facts objectively and reasonably viewed in light of the officer's expertise." State v. Todd, 355 N.J.

2022Applying a "totality of the circumstances" analysis, both federal and New Jersey precedents require reviewing courts to consider whether the defendant's statements were "the product of an essentially free and unconstrained choice by [the defendant]," or instead "whether the defendant's 'will [was] overborne and his [or her] capacity for self-determination critically impaired.'" Ibid. (quoting Schneckloth v. Bustamonte, 412 U.S. 218 , 225–26 (1973)); see also State v. A.M., 237 N.J. 384, 398 (2019) (quoting State v. Miller, 76 N.J. 392, 402 (1978)) (listing relevant factors that should be consi

2021Under the totality- of-the-circumstances analysis, a court considers factors such as the defendant's "age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature and whether physical punishment or mental exhaustion was involved." Ibid. (quoting State v. Miller, 76 N.J. 392, 402 (1978)).

2022A-4755-18 17 In State v. Vincenty, the Court reaffirmed its adherence to A.G.D. and held that interrogating officers must not only inform a suspect that a n arrest warrant or complaint has been issued but must also notify the defendant of the specific charges. 237 N.J. 122, 126 (2019).

2022A-4755-18 17 In State v. Vincenty, the Court reaffirmed its adherence to A.G.D. and held that interrogating officers must not only inform a suspect that an arrest warrant or complaint has been issued but must also notify the defendant of the specific charges. 237 N.J. 122, 126 (2019).

2024See also N.J.S.A. 2C:2-2(b)(2) (“A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result.”). [Id. at 226-27 (second alteration in original).] 7 The Court thus expanded upon the second Johnson factor, holding that, to determine “whether a defendant voluntarily and knowingly relinquished a possessory or ownership interest in the property in response to police questioning, a court should apply a totality-of-the-circumstances analysis.” Id. at 227 .

2022Applying a "totality of the circumstances" analysis, both federal and New Jersey precedents require reviewing courts to consider whether the defendant's statements were "the product of an essentially free and unconstrained choice by [the defendant]," or instead "whether the defendant's 'will [was] overborne and his [or her] capacity for self-determination critically impaired.'" Ibid. (quoting Schneckloth v. Bustamonte, 412 U.S. 218 , 225–26 (1973)); see also State v. A.M., 237 N.J. 384, 398 (2019) (quoting State v. Miller, 76 N.J. 392, 402 (1978)) (listing relevant factors that should be consi

2025See Keyes, 184 N.J. at 560 ("'[T]he fact that the police were unable to observe the informant enter [the apartment] itself does not prevent a finding of probable cause' . . . . [It] is just another factor the court should consider under the totality of the circumstances analysis." (quoting State v. Sullivan, 169 N.J. 204, 216 (2001))).

2025Information received by police "from confidential informants may serve as a valid basis for a court to find probable cause and issue a search warrant" provided there is "substantial evidence in the record to support the informant's A-3919-22 18 statements." Keyes, 184 N.J. at 555 . "[T]he issuing court must consider the 'veracity and basis of knowledge' of the informant as part of" the totality of the circumstances analysis.

2025See Keyes, 184 N.J. at 560 ("'[T]he fact that the police were unable to observe the informant enter [the apartment] itself does not prevent a finding of probable cause' . . . . [It] is just another factor the court should consider under the totality of the circumstances analysis." (quoting State v. Sullivan, 169 N.J. 204, 216 (2001))).

2019Appraising the totality of the circumstances, see id. at 122 (adopting the totality-of-the-circumstances test established by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 230-32 (1983)), we determine that corroborative information twice linked the sale of marijuana by defendant to his home so as to establish probable cause that marijuana would be found there, see State v. Jones, 179 N.J. 377, 388 (2004) (holding that the A-0783-17T2 4 warrant application must establish "that there is probable cause to believe that a crime has been committed, or is being committed, at a sp

2022Applying the totality-of-the-circumstances test — in other words, assessing defendant as well as the character of the questioning, considering such factors as "'the suspect's age, education and intelligence, advice concerning constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature, and whether physical punishment and A-1673-19 8 mental exhaustion were involved,'" ibid. (quoting State v. Galloway, 133 N.J. 631, 654 (1993)), the judge had no doubt defendant's waiver was knowing and voluntary.

2018Cook, 179 N.J. at 563 (quoting Galloway, 133 N.J. at 656 ). 10 A-1159-17T4 The record supports the trial judge's finding of "no evidence of police coercion," and that no "threats or promises were made to [d]efendant at any point during the interview." The judge noted the short length of the interrogation, and that "[w]hile [defendant's] intellectual disability is certainly a factor to be considered in the totality of the circumstances analysis, alone it is not determinative," a rationale consistent with this court's finding in Smith.

2019A-3146-17T2 15 after a custodial interrogation has already produced incriminating statements,” the totality-of-the-circumstances analysis factors to be considered include: (1) the extent of questioning and the nature of any admissions made by defendant before being informed of his Miranda rights; (2) the proximity in time and place between the pre- and post-warning questioning; (3) whether the same law enforcement officers conducted both the unwarned and warned interrogations; (4) whether the officers informed defendant that his pre-warning statements could not be used against him; and (5) the

2019Fleming." Notably, at the start of the second statement, defendant was re-Mirandized and advised by the Glassboro detective "of the charges in the compliant[-]warrant, most specifically the murder." The State argues the motion judge erred by applying the five-factor test set forth in State v. O'Neill, 193 N.J. 148, 180-81 (2007), instead of the totality- of-the-circumstances test set forth in Nyhammer, 193 N.J. at 404 , in determining that the "spill over" from defendant's first statement required suppression of the statement to the State police detective.

2018See Clohesy , 149 N.J. at 514 , 694 A.2d 1017 (stating that our courts "have consistently applied the totality of the circumstances rule when determining the existence and scope of duty").

2018See Clohesy , 149 N.J. at 514 , 694 A.2d 1017 (stating that our courts "have consistently applied the totality of the circumstances rule when determining the existence and scope of duty").

2022A-3392-18 24 In determining whether probable cause exists, courts analyze the totality of the circumstances test, as set forth in Illinois v. Gates, 462 U.S. 213, 238 (1983), which "requires the court to make a practical, common sense determination." Moore, 181 N.J. 40 .

2005Under the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 238 , 462 U.S. 213 , 103 S.Ct. 2317, 2332 , 76 L.Ed. 2d 527, 548 (1983), the observations of the detectives and their experience as narcotics officers "supported a well-grounded suspicion that [they] had witnessed a drug transaction." Moore, supra ( 181 N.J. at 46-47 , 853 A. 2d 903 ) ( citing Gates, supra ( 462 U.S. at 238 , 103 S.Ct. at 2332 , 76 L.Ed. 2d at 544 ), State v. Johnson, 171 N.J. 192, 217 , 793 A. 2d 619 (2002), Schneider v. Simonini, 163 N.J. 336, 362 , 749 A. 2d 336 (2000)).

2025Under the totality of circumstances analysis, a motion court should consider "the human body's natural dissipation of alcohol," id. at 312 , as well "the urgency of the situation, the time it will take to secure a warrant, the seriousness of the crime under investigation, and the threat that evidence will be destroyed or lost or that the physical well-being of people will be endangered unless immediate action is taken," id. at 310 (quoting State v. Johnson 193 N.J. 528, 553 (2008)). "[N]o one factor is dispositive and exigency must be assessed on a case -by-case basis under a totality-of-the-c

2025Under the totality of circumstances analysis, a motion court should consider "the human body's natural dissipation of alcohol," id. at 312 , as well "the urgency of the situation, the time it will take to secure a warrant, the seriousness of the crime under investigation, and the threat that evidence will be destroyed or lost or that the physical well-being of people will be endangered unless immediate action is taken," id. at 310 (quoting State v. Johnson 193 N.J. 528, 553 (2008)). "[N]o one factor is dispositive and exigency must be assessed on a case -by-case basis under a totality-of-the-c

2018"An officer's experience and knowledge are factors courts should consider in applying the totality of the circumstances test." Pineiro, 181 N.J. at 22 (citing State v. Davis, 104 N.J. 490, 504 (1986)).

2002The totality of the circumstances test “ ‘balances] the State’s interest in effective law enforcement against the individual’s right to be protected from unwarranted and/or overbearing police intrusions.’ ” Ibid, (quoting State v. Davis, 104 N.J. 490, 504 , 517 A.2d 859 (1986)).

2025Jones, 179 N.J. at 389 (quoting State v. Novembrino, 105 N.J. 95, 123 (1987)). "[I]f police corroborate 'information from which it can be inferred that the informant's tip was grounded on inside information, this corroboration is sufficient to satisfy the basis of knowledge prong' as well as the veracity prong." State v. Sullivan, 169 N.J. 204, 214 (2001) (quoting State v. Smith, 155 N.J. 83, 98 (1998)).

2019Appraising the totality of the circumstances, see id. at 122 (adopting the totality-of-the-circumstances test established by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 230-32 (1983)), we determine that corroborative information twice linked the sale of marijuana by defendant to his home so as to establish probable cause that marijuana would be found there, see State v. Jones, 179 N.J. 377, 388 (2004) (holding that the A-0783-17T2 4 warrant application must establish "that there is probable cause to believe that a crime has been committed, or is being committed, at a sp

2026Ibid.; see State v. Smith, 307 N.J.

2018Specifically, the judge cited to Colorado v. Connelly, 479 U.S. 157 (1986) and State v. Smith, 307 N.J.