totality of the circumstances test in Washington

2014Also known as Terry stops, under either the Fourth Amendment or article I, section 7, officers may make a brief investigatory stop without a warrant.7 For a constitutional Terry stop, officers must have reasonable suspicion.8 This suspicion must be articulable and "'based on specific objective facts, [indicating] that the person seized has committed or is about to commit a crime.'"9 Under both the Fourth Amendment and article 1, section 7, courts analyze whether officers had reasonable suspicion using a totality of the circumstances test.10 Under the Fourth Amendment, the test is objective.11

2014Also known as Terry stops, under either the Fourth Amendment or article I, section 7, officers may make a brief investigatory stop without a warrant.7 For a constitutional Terry stop, officers must have reasonable suspicion.8 This suspicion must be articulable and "'based on specific objective facts, [indicating] that the person seized has committed or is about to commit a crime.'"9 Under both the Fourth Amendment and article 1, section 7, courts analyze whether officers had reasonable suspicion using a totality of the circumstances test.10 Under the Fourth Amendment, the test is objective.11

2013App. C at 120 ( T] e AguilarSpinelli strictures were aimed primarily at unnamed police informers. "). "[ h / We apply a four- factor test in evaluating an informant's credibility: whether the informant ( ) named, 2) 1 is ( provides a statement against interest, 3) ( provides statements while Although the United States Supreme Court has abandoned this two- pronged test in favor of a totality of the circumstances test,Illinois v. Gates, 462 U. S. 213 , 103 S. Ct. 2317 , 76 L.Ed. 2d 527 (1983), state of Washington adheres to the Aguilar— the Spinelli test under article 1, section 7 of our constit

2013App. C at 120 ( T] e AguilarSpinelli strictures were aimed primarily at unnamed police informers. "). "[ h / We apply a four- factor test in evaluating an informant's credibility: whether the informant ( ) named, 2) 1 is ( provides a statement against interest, 3) ( provides statements while Although the United States Supreme Court has abandoned this two- pronged test in favor of a totality of the circumstances test,Illinois v. Gates, 462 U. S. 213 , 103 S. Ct. 2317 , 76 L.Ed. 2d 527 (1983), state of Washington adheres to the Aguilar— the Spinelli test under article 1, section 7 of our constit

2016State v. Ruem, 179 Wn.2d 195, 207 , 313 P.3d 1156 (2013).

2016State v. Ruem, 179 Wn.2d 195, 207 , 313 P.3d 1156 (2013).

2014Pa. 1994)). 31 id at 113. 32 id 33 Appellant's Opening Brief (Amended) at 25-26 (citing United States v. Lall, 607 F.3d 1277, 1281-82 (11th Cir. 2010); Hopkins v. Cockrell, 325 F.3d 579, 584-85 (5th Cir. 2003); Henry v. Kernan, 197 F.3d 1021, 1027-28 (9th Cir. 1999); United States v. Baldwin, 60 F.3d 363 (7th Cir. 1995), United States v. Walton. 10 F.3d 1024, 1030-32 (3d Cir. 1993); United States v. Rogers, 906 F.2d 189, 191-92 (5th Cir. 1990); Samuel v. State. 898 So. 2d 233, 237 (Fla. Dist.

2008Broadaway, 133 Wn.2d at 132 ; see State v. Rupe, 101 Wn.2d 664, 678-79 , 683 P.2d 571 (1984); United States v. Walton, 10 F.3d 1024, 1029 (3d Cir. 1993) (“the real issue is not whether a promise was made, but whether there was a causal connection between [the promise] and [the defendant’s] statement”). ¶11 This causal connection is not merely “but for” causation; the court does “not ask whether the confession would have been made in the absence of the interrogation.” Miller v. Fenton, 796 F.2d 598, 604 (3d Cir. 1986); see Fulminante, 499 U.S. at 285 .

2026State v. Lee, 147 Wn.

2015Lee, 147 Wn.

2015State v. Marcum, 149 Wn.

2015App. 769, 785 , 315 P.3d 1158, review granted, 180 Wn.2d 1020 (2014); see also Marcum, 149 Wn.

2014No. 43289 -7 -II Subsequently, our Supreme Court in Kennedy, stated the indicia of reliability test without including the additional basis of knowledge requirement stated in Sieler. 107 Wn.2d at 7 .

2009See Lee, 147 Wash.App. at 919 , 199 P.3d 445 ; see also Gates, 462 U.S. at 233-34 , 103 S.Ct. 2317 (relying on Adams as the basis for the totality of circumstances test); Kennedy, 107 Wash.2d at 8 , 726 P.2d 445 ("[t]he case at bench falls squarely within the Adams" analysis); Randall, 73 Wash.App. at 228-29 , 868 P.2d 207 (decided after Hart ).

2018Arizona v. Fulminante, 499 U.S. 279 , 285, 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) ; State v. Broadaway, 133 Wash.2d 118 , 132, 942 P.2d 363 (1997). ¶ 61 Other circumstances that are potentially relevant in the totality of the circumstances analysis include the "crucial element of police coercion"; the length of the interrogation; its location; its continuity; the defendant's maturity, education, physical condition, and mental health; and whether the police advised the defendant of the rights to remain silent and to have counsel present during custodial interrogation. *795 Withrow v. Williams,

2018Arizona v. Fulminante, 499 U.S. 279 , 285, 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) ; State v. Broadaway, 133 Wash.2d 118 , 132, 942 P.2d 363 (1997). ¶ 61 Other circumstances that are potentially relevant in the totality of the circumstances analysis include the "crucial element of police coercion"; the length of the interrogation; its location; its continuity; the defendant's maturity, education, physical condition, and mental health; and whether the police advised the defendant of the rights to remain silent and to have counsel present during custodial interrogation. *795 Withrow v. Williams,

2018Arizona v. Fulminante, 499 U.S. 279 , 285, 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) ; State v. Broadaway, 133 Wash.2d 118 , 132, 942 P.2d 363 (1997). ¶ 61 Other circumstances that are potentially relevant in the totality of the circumstances analysis include the "crucial element of police coercion"; the length of the interrogation; its location; its continuity; the defendant's maturity, education, physical condition, and mental health; and whether the police advised the defendant of the rights to remain silent and to have counsel present during custodial interrogation. *795 Withrow v. Williams,

2018Arizona v. Fulminante, 499 U.S. 279 , 285, 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) ; State v. Broadaway, 133 Wash.2d 118 , 132, 942 P.2d 363 (1997). ¶ 61 Other circumstances that are potentially relevant in the totality of the circumstances analysis include the "crucial element of police coercion"; the length of the interrogation; its location; its continuity; the defendant's maturity, education, physical condition, and mental health; and whether the police advised the defendant of the rights to remain silent and to have counsel present during custodial interrogation. *795 Withrow v. Williams,

2025On appeal from the trial court’s denial of the motion, our Supreme Court reiterated that “[w]hether any promise has been made must be determined and, if one was made, the court must then apply the totality of the circumstances test and determine whether the defendant’s will was overborne by the promise, i.e., there must be a direct causal relationship between the promise and the confession.” Id. at 101-02 .

2025The only relevant case he offers is State v. Unga, which discusses factors potentially relevant in a totality of the circumstances analysis, such as the defendant’s physical condition. 165 Wn.2d 95, 101 , 196 P.3d 645 (2008).

2018Under a totality of the circumstances analysis, an informant's tip supports reasonable suspicion sufficient to justify an investigatory detention if it, in the context of all the available facts, "possesses sufficient indicia of reliability." State v. Sieler, 95 Wn.2d 43,47 , 621 P.2d 1272 (1980)(quoting Adams v. Williams, 407 U.S. 143, 147 , 92S.

2018Under a totality of the circumstances analysis, an informant's tip supports reasonable suspicion sufficient to justify an investigatory detention if it, in the context of all the available facts, "possesses sufficient indicia of reliability." State v. Sieler, 95 Wn.2d 43,47 , 621 P.2d 1272 (1980)(quoting Adams v. Williams, 407 U.S. 143, 147 , 92S.

2015App. at 904 (“Unlike the analysis in an Aguilar/Spinelli[ 2 ] inquiry, the so-called ‘veracity’ and ‘basis of knowledge’ ‘prongs’ are not distinct under the totality of the circumstances test; rather, these elements are relevant but are ‘no longer both essential.’ ” (quoting State v. Jackson, 102 Wn.2d 432, 435-36 , 688 P.2d 136 (1984))).

2015App. at 904 (“Unlike the analysis in an Aguilar/Spinelli[ 2 ] inquiry, the so-called ‘veracity’ and ‘basis of knowledge’ ‘prongs’ are not distinct under the totality of the circumstances test; rather, these elements are relevant but are ‘no longer both essential.’ ” (quoting State v. Jackson, 102 Wn.2d 432, 435-36 , 688 P.2d 136 (1984))).

2007However, in describing the length to which the officers went in checking the informant's background, the Miller court did not imply that the officers would have been reckless in doing less. [22] Chenoweth did not petition for review of the issue. [1] 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (adopting a totality of the circumstances test to determine an informant's reliability). [2] Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Unlike Gates , which looks to a totality of th

2007However, in describing the length to which the officers went in checking the informant's background, the Miller court did not imply that the officers would have been reckless in doing less. [22] Chenoweth did not petition for review of the issue. [1] 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (adopting a totality of the circumstances test to determine an informant's reliability). [2] Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Unlike Gates , which looks to a totality of th

2018Under a totality of the circumstances analysis, an informant's tip supports reasonable suspicion sufficient to justify an investigatory detention if it, in the context of all the available facts, "possesses sufficient indicia of reliability." State v. Sieler, 95 Wn.2d 43,47 , 621 P.2d 1272 (1980)(quoting Adams v. Williams, 407 U.S. 143, 147 , 92S.

2009Under the totality of the circumstances test, an informant’s tip provides reasonable suspicion sufficient to justify an investigatory stop if “it possesses sufficient ‘indicia of reli ability.’ ” State v. Sieler, 95 Wn.2d 43, 47 , 621 P.2d 1272 (1980) (quoting Adams v. Williams, 407 U.S. 143, 147 , 92 S. Ct. 1921 , 32 L.

2016Schneckloth v. Bustamonte, 412 U.S. 218, 227 , 93 S. Ct. 2041 , 36 L.

2016Schneckloth v. Bustamonte, 412 U.S. 218, 227 , 93 S. Ct. 2041 , 36 L.

2008Id. at 92 ; Fulminante, 499 U.S. at 285 , 111 S.Ct. 1246 ; Broadaway, 133 Wash.2d at 132 , 942 P.2d 363 ; LeBrun, 363 F.3d at 725 ; Dowell, 430 F.3d at 1108 . ¶ 19 The court's analysis in Flemmi follows United States Supreme Court precedent: a totality-of-the-circumstances analysis must be applied, under which the promise is one of the circumstances in determining whether a defendant's will has been overborne. ¶ 20 The concurrence is thus incorrect when it gives conclusive weight to the fact that a promise was made.

2008Id. at 92 ; Fulminante, 499 U.S. at 285 ; Broadaway, 133 Wn.2d at 132 ; LeBrun, 363 F.3d at 725 ; Dowell, 430 F.3d at 1108 . ¶19 The court’s analysis in Flemmi follows United States Supreme Court precedent: a totality-of-the-circumstances analysis must be applied, under which the promise is one of the circumstances in determining whether a defendant’s will has been overborne. ¶20 The concurrence is thus incorrect when it gives conclusive weight to the fact that a promise was made.

2007However, in describing the length to which the officers went in checking the informant's background, the Miller court did not imply that the officers would have been reckless in doing less. [22] Chenoweth did not petition for review of the issue. [1] 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (adopting a totality of the circumstances test to determine an informant's reliability). [2] Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Unlike Gates , which looks to a totality of th

2007However, in describing the length to which the officers went in checking the informant's background, the Miller court did not imply that the officers would have been reckless in doing less. [22] Chenoweth did not petition for review of the issue. [1] 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (adopting a totality of the circumstances test to determine an informant's reliability). [2] Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). [3] Unlike Gates , which looks to a totality of th