totality of circumstances rule in Kansas

1978Similar reliance may be found in State v. Banks, 216 Kan. 390, 395 , 532 P.2d 1058 (1975), and in petitioner’s own previous 1507 proceeding, Schoonover v. State, supra. In petitioner’s prior case the court did quote the entire test from Winter , but a reading of the case as a whole leads to the inescapable conclusion that the court was primarily concerned with the “totality of circumstances” aspect of the test: “The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P.2d 1058 .

1978Similar reliance may be found in State v. Banks, 216 Kan. 390, 395 , 532 P.2d 1058 (1975), and in petitioner’s own previous 1507 proceeding, Schoonover v. State, supra. In petitioner’s prior case the court did quote the entire test from Winter , but a reading of the case as a whole leads to the inescapable conclusion that the court was primarily concerned with the “totality of circumstances” aspect of the test: “The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P.2d 1058 .

2026Appellants contend that this case is distinguishable from others which have affirmed summary judgments based on lack of foreseeability, citing McCarter and Gragg 24 v. Wichita State Univ., 261 Kan. 1037 , 934 P.2d 121 (1997).

2026Appellants contend that this case is distinguishable from others which have affirmed summary judgments based on lack of foreseeability, citing McCarter and Gragg 24 v. Wichita State Univ., 261 Kan. 1037 , 934 P.2d 121 (1997).

2020Reasonable Suspicion Our Supreme Court has recently summarized the governing law on reasonable suspicion, emphasizing the totality of circumstances test: 5 "Reasonable suspicion is a lower standard than probable cause, and '[w]hat is reasonable depends on the totality of circumstances in the view of a trained law enforcement officer.' State v. Martinez, 296 Kan. 482, 487 , 293 P.3d 718 (2013).

2020Reasonable Suspicion Our Supreme Court has recently summarized the governing law on reasonable suspicion, emphasizing the totality of circumstances test: 5 "Reasonable suspicion is a lower standard than probable cause, and '[w]hat is reasonable depends on the totality of circumstances in the view of a trained law enforcement officer.' State v. Martinez, 296 Kan. 482, 487 , 293 P.3d 718 (2013).

2019The court must fully integrate potential exculpatory evidence into its totality of the circumstances calculus. 301 Kan. at 265 -66 .

2012More over, in applying the totality of circumstances inquiry we have been instructed: “[T]he court should consider the totality of the circumstances and the fact that trained law enforcement officers are permitted to malee ‘inferences and deductions that might well elude an untrained person.’ United States v. Cortez, 449 U.S. 411, 418 , 66 L.

2012More over, in applying the totality of circumstances inquiry we have been instructed: “[T]he court should consider the totality of the circumstances and the fact that trained law enforcement officers are permitted to malee ‘inferences and deductions that might well elude an untrained person.’ United States v. Cortez, 449 U.S. 411, 418 , 66 L.

2008Ed. 2d 302 , 111 S. Ct. 1246 (1991), the Supreme Court agreed with the lower court’s application of a totality of circumstances test to determine the voluntariness of a confession.

2008App. 2d 202 , Syl. ¶ 4, 129 P.3d 114 (2006) (detaining officer’s subjective reasons for stopping a moving vehicle which do not pass the objective, reasonably-cautious-person test must be excluded or discounted in the totality of circumstances analysis).

2001See, e.g., State v. Mack, 255 Kan. 21, 32 , 871 P.2d 1265 (1994); State v. Snodgrass, 252 Kan. 253, 259-62 , 843 P.2d 720 (1992).

2001See, e.g., State v. Mack, 255 Kan. 21, 32 , 871 P.2d 1265 (1994); State v. Snodgrass, 252 Kan. 253, 259-62 , 843 P.2d 720 (1992).

1998The Supreme Court further directed the district court to make specific findings as to whether the premises were in a high crime area and to consider the physical characteristics of the parking garage to determine whether under the totality of the circumstances the shopping center owed a duty to provide security. 253 Kan. at 550 .

1997In our most recent case of State v. Robinson, 261 Kan. 865 , 934 P.2d 38 (1997), we applied Young and the totality of circumstances test in determining admissibility of a juvenile’s confession. *343 See also Fare v. Michael C., 442 U.S. 707, 724-25 , 61 L.

1997In our most recent case of State v. Robinson, 261 Kan. 865 , 934 P.2d 38 (1997), we applied Young and the totality of circumstances test in determining admissibility of a juvenile’s confession. *343 See also Fare v. Michael C., 442 U.S. 707, 724-25 , 61 L.

1997In our most recent case of State v. Robinson, 261 Kan. 865 , 934 P.2d 38 (1997), we applied Young and the totality of circumstances test in determining admissibility of a juvenile’s confession. *343 See also Fare v. Michael C., 442 U.S. 707, 724-25 , 61 L.

1997In our most recent case of State v. Robinson, 261 Kan. 865 , 934 P.2d 38 (1997), we applied Young and the totality of circumstances test in determining admissibility of a juvenile’s confession. *343 See also Fare v. Michael C., 442 U.S. 707, 724-25 , 61 L.

1993In so doing, Missouri recognized a cause of action wherein owners of businesses could be held liable for crimes in their parking lots where the same are foreseeable by virtue of numerous instances of prior criminal conduct occurring therein. *549 Perhaps the most commonly cited case accepting the totality of circumstances rule of foreseeability is Isaacs v. Huntington Memorial Hospital, 38 Cal. 3d 112 , 211 Cal. Rptr. 356 , 695 P.2d 653 (1985).

1993In so doing, Missouri recognized a cause of action wherein owners of businesses could be held liable for crimes in their parking lots where the same are foreseeable by virtue of numerous instances of prior criminal conduct occurring therein. *549 Perhaps the most commonly cited case accepting the totality of circumstances rule of foreseeability is Isaacs v. Huntington Memorial Hospital, 38 Cal. 3d 112 , 211 Cal. Rptr. 356 , 695 P.2d 653 (1985).

1983In State v. Ponds, 227 Kan. 627 , 608 P.2d 946 (1980), the court recognized the danger of an impermissibly suggestive pretrial photo-lineup identification and followed the totality of circumstances rule.

1983In State v. Ponds, 227 Kan. 627 , 608 P.2d 946 (1980), the court recognized the danger of an impermissibly suggestive pretrial photo-lineup identification and followed the totality of circumstances rule.

1983Unlike a totality of circumstances analysis, which permits a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant’s tip, the ‘two-pronged test’ has encouraged an excessively technical dissection of informants’ tips, with undue attention being focused on isolated issues that cannot sensibly be divorced from the other facts presented to the magistrate.” Illinois v. Gates, 462 U.S. at _ , 76 L.Ed.2d at 545-46 .

1978Considering the totality of circumstances as shown by the evidentiary record before us we cannot say that the trial court erred in holding that the petitioner failed to prove that she was denied her constitutional right to the effective assistance of counsel.” ( 218 Kan. at 383 .) This statement followed an analysis of each of petitioner’s claims of inadequacy, in the course of which each claim had been rejected.

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .

1975(Shores v. State, 195 Kan. 705, 709 , 408 P. 2d 608 ; Toland v. State, 200 Kan. 184 , 434 P. 2d 550 ; and Baker v. State, 204 Kan. 607, 614 , 464 P. 2d 212 .)” (p. 603.) The totality of circumstances rule stated in Winter is quoted with approval in State v. Banks, 216 Kan. 390 , 532 P. 2d 1058 .