totality of the circumstances test in Colorado

1996Illinois v. Gates, supra; People v. Pannebaker, supra. Using the Gates analysis, in Pannebaker , our supreme court applied the totality of the circumstances test in a factual situation similar to the instant case.

1994Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317, 2332 , 76 L.Ed.2d 527 (1983); People v. Pannebaker, 714 P.2d 904, 907 (Colo.1986) (adopting the totality-of-the-circumstances test of Gates for the purpose of Article II, Section 7, of the Colorado Constitution).

2026This totality of the circumstances analysis looks to the tip's "indicia of reliability" to ascertain whether it adequately establishes the informant's "veracity" and "basis of knowledge." Id. at 328-29 ( first quoting Adams v. Williams , 407 U.S. 143, 147 ( 1972 ) ; and then quoting Illinois v. Gates , 462 U.S. 213, 230 ( 1983 ) ) . ¶18 Generally, an anonymous tip is less reliable than a tip from an identified informant, in part because anonymous tips "seldom demonstrate [] the informant's basis of knowledge or veracity." Id. at 329 ( citing Gates , 462 U.S. at 237 ) .

2026This totality of the circumstances analysis looks to the tip's "indicia of reliability" to ascertain whether it adequately establishes the informant's "veracity" and "basis of knowledge." Id. at 328-29 ( first quoting Adams v. Williams , 407 U.S. 143, 147 ( 1972 ) ; and then quoting Illinois v. Gates , 462 U.S. 213, 230 ( 1983 ) ) . ¶18 Generally, an anonymous tip is less reliable than a tip from an identified informant, in part because anonymous tips "seldom demonstrate [] the informant's basis of knowledge or veracity." Id. at 329 ( citing Gates , 462 U.S. at 237 ) .

2016See People v. Pacheco, 175 P.3d 91, 95 (Colo. 2006) (“If only non-criminal activity is corroborated, the question whether probable cause exists focuses on ‘the degree of suspicion that attaches to [the] particular types of corroborated non-criminal acts . . . .’” (quoting People v. Leftwich, 869 P.2d 1260, 1268 (Colo. 1994))); People v. McCoy, 870 P.2d 1231 , 1237–38 & n.9 (Colo. 1994) (holding that probable cause does not require specific information that a particular crime has been committed, and stating that the possibility of an innocent alternative explanation is merely a factor in the to

2016See People v. Leftwich, 869 P.2d 1260, 1265 (Colo. 1994) (“The totality-of-the-circumstances test does not lower the standard for probable cause determinations.”).

1998See People v. Pate, 878 P.2d 685, 689-90 (Colo.1994); People v. Leftwich, 869 P.2d 1260, 1266-68 (Colo.1994); People v. Paquin, 811 P.2d 394, 397 (Colo.1991). *484 Under the totality of the circumstances test, the court must examine all of the relevant factors.

1993See Paquin, 811 P.2d at 398 (corroboration by independent police investigation, while an important factor under the totality-of-the-circumstances test, does not rise to the level of a constitutional necessity).

2025However, “the totality of the circumstances test for probable cause is an ‘all-things-considered approach,’ and its ‘ultimate touchstone’ is reasonableness.” People v. Zuniga, 2016 CO 52, ¶ 20 (first quoting Florida v. Harris, 568 U.S. 237, 244 (2013); and then quoting Riley v. California, 573 U.S. 373 , 381 (2014)). ¶ 32 Amoako-Asiamah argues that having two electrical boxes and many cameras is wholly innocent and doesn’t suggest criminality.

2018As such, a probable cause determination is "based on factual and practical considerations of everyday life on which reasonable and prudent people, not legal technicians, act." Mendez , 986 P.2d at 280 ; see also Illinois v. Gates , 462 U.S. 213 , 232, 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) ("[P]robable cause is a fluid concept-turning on the assessment of probabilities in particular factual contexts-not readily, or even usefully, reduced to a neat set of legal rules."). ¶ 22 Because the totality of the circumstances standard is an "all-things-considered approach," Harris , 568 U.S. at 244 , 13

2011Instead, the totality of the circumstances analysis requires that we consider "whether the facts available to a reasonably cautious officer at the moment of arrest warranted the belief that an offense had been or was being committed by the person arrested." People v. Diaz, 793 P.2d 1181, 1183 (Colo.1990).

1994Even if an anonymous tip, on its face, does not provide enough detailed information to establish that the informant had access to reliable information, independent police corroboration of some of those details which were provided in the tip nevertheless may support a finding of probable cause. 13 Gates, 462 U.S. at 233 , 103 S.Ct. at 2329-30 (“It is enough, for purposes of assessing probable cause, that ‘corroboration through other sources of information reduced the chances of a reckless or prevaricating tale,’ thus providing ‘a substantial basis for crediting the hearsay.’”); Leftwich, 869 P.

2026See Randolph, 4 P.3d at 481-82 (“The totality of the circumstances analysis also may include the depth of detail provided by the informant, as courts have inferred reliability from an informant’s ability to provide details that could not be obtained easily.”).

2006Randolph, 4 P.3d at 481-82 ; see also People v. Leftwich, 869 P.2d 1260, 1266 (Colo.1994).

2006E.g., People v. Altman, 960 P.2d 1164, 1167 (Colo.1998); People v. Turcotte-Schaeffer, 843 P.2d 658, 660 (Colo.1993) (explaining that Colorado has adopted the totality of the circumstances test announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)).

2006E.g., People v. Altman, 960 P.2d 1164, 1167 (Colo.1998); People v. Turcotte-Schaeffer, 843 P.2d 658, 660 (Colo.1993) (explaining that Colorado has adopted the totality of the circumstances test announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)).

1997People v. Paquin, supra. Thus, whether facts in an affidavit establish probable cause for a search warrant depends “not on a rigid set of legal rules but on a practical, nontechnical totality of the circumstances approach.” People v. Abeyta, supra, 795 P.2d at 1327 .

1994Under the totality-of-the-circumstances test, "an informant's account of criminal activities need not establish the informant's basis of knowledge, so long as the informant's statement is sufficiently detailed to allow a judge to reasonably conclude that the informant had access to reliable information about the illegal activities reported to the police." People v. Abeyta, 795 P.2d 1324, 1327-28 (Colo.1990).

2006E.g., People v. Altman, 960 P.2d 1164, 1167 (Colo.1998); People v. Turcotte-Schaeffer, 843 P.2d 658, 660 (Colo.1993) (explaining that Colorado has adopted the totality of the circumstances test announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)).

2006E.g., People v. Altman, 960 P.2d 1164, 1167 (Colo.1998); People v. Turcotte-Schaeffer, 843 P.2d 658, 660 (Colo.1993) (explaining that Colorado has adopted the totality of the circumstances test announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)).

2017Then, in People v. Schaufele, 2014 CO 43 , 325 P.3d 1060 , a plurality of this court declined to adopt the People’s proposed rule evaluating exigent circumstances based solely upon the length of time required to secure a search warrant in a drunk-driving case, concluding instead that McNeely requires a totality-of-the-circumstances test.

2017Then, in People v. Schaufele, 2014 CO 43 , 325 P.3d 1060 , a plurality of this court declined to adopt the People’s proposed rule evaluating exigent circumstances based solely upon the length of time required to secure a search warrant in a drunk-driving case, concluding instead that McNeely requires a totality-of-the-circumstances test.

2008See Mejia-Mendoza, 965 P.2d at 780 ; People v. May, 859 P.2d 879, 882 (Colo.1993). 2.

1999See Williams, 475 A.2d at 1287-88 . [7] This court has recently described the criteria for determining whether a waiver was voluntary, knowing, and intelligent in People v. Mejia-Mendoza, 965 P.2d 777, 780 (Colo.1998).

2002Id.; Outlaw v. People, 17 P.3d 150, 155 (Colo.2001) ("A totality of the circumstances analysis requires an examination of the behavior of the parties, as well as the physical, temporal, and social context of the encounter."); Paynter, 955 P.2d at 72-73 .

2002Id.; Outlaw v. People, 17 P.3d 150, 155, 156 (Colo.2001) ("A totality of the circumstances analysis requires an examination of the behavior of the parties, as well as the physical, temporal, and social context of the encounter."); Paynter, 955 P.2d at 72-73 .

1999See, e.g., State v. Smith, 546 N.W.2d 916, 926-27 (Iowa 1996) (applying the totality of the circumstances test to juveniles' admissions); State v. High, 260 Kan. 480 , 922 P.2d 430, 432-33 (Kan. 1996) (applying the totality test and noting that "[a] confession is not inadmissible merely because the person making it is a juvenile") (internal quotation marks and citation omitted).

1999See, e.g., State v. Smith, 546 N.W.2d 916, 926-27 (Iowa 1996) (applying the totality of the circumstances test to juveniles' admissions); State v. High, 260 Kan. 480 , 922 P.2d 430, 432-33 (Kan. 1996) (applying the totality test and noting that "[a] confession is not inadmissible merely because the person making it is a juvenile") (internal quotation marks and citation omitted).

1999See, e.g., State v. Smith, 546 N.W.2d 916, 926-27 (Iowa 1996) (applying the totality of the circumstances test to juveniles’ admissions); State v. High, 260 Kan. 480 , 922 P.2d 430, 432-33 (Kan.1996) (applying the totality test and noting that “[a] confession is not inadmissible merely because the person making it is a juvenile”) (internal quotation marks and citation omitted).

1999See, e.g., State v. Smith, 546 N.W.2d 916, 926-27 (Iowa 1996) (applying the totality of the circumstances test to juveniles' admissions); State v. High, 260 Kan. 480 , 922 P.2d 430, 432-33 (Kan. 1996) (applying the totality test and noting that "[a] confession is not inadmissible merely because the person making it is a juvenile") (internal quotation marks and citation omitted).

1999See id.

1999See id.

2009See, e.g., United States v. Wyatt, 179 F.3d 532, 538 (7th Cir.1999) (finding the officers' discussion of the evidence against the defendant before they re-mirandized him was a "misstep" but did not constitute a violation of Mosley ); see also Mosley, 423 U.S. at 101-02 , 96 S.Ct. 321 *1102 (differentiating between the totality of the circumstances test to be applied in the context of the right to remain silent and the bright-line test of Miranda v. Arizona, 384 U.S. 436, 474 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), subsequently known as the Edwards rule, Edwards v. Arizona, 451 U.S. 477 , 101

2009See, e.g., United States v. Wyatt, 179 F.3d 532, 538 (7th Cir.1999) (finding the officers' discussion of the evidence against the defendant before they re-mirandized him was a "misstep" but did not constitute a violation of Mosley ); see also Mosley, 423 U.S. at 101-02 , 96 S.Ct. 321 *1102 (differentiating between the totality of the circumstances test to be applied in the context of the right to remain silent and the bright-line test of Miranda v. Arizona, 384 U.S. 436, 474 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), subsequently known as the Edwards rule, Edwards v. Arizona, 451 U.S. 477 , 101

2026This totality of the circumstances analysis looks to the tip's "indicia of reliability" to ascertain whether it adequately establishes the informant's "veracity" and "basis of knowledge." Id. at 328-29 ( first quoting Adams v. Williams , 407 U.S. 143, 147 ( 1972 ) ; and then quoting Illinois v. Gates , 462 U.S. 213, 230 ( 1983 ) ) . ¶18 Generally, an anonymous tip is less reliable than a tip from an identified informant, in part because anonymous tips "seldom demonstrate [] the informant's basis of knowledge or veracity." Id. at 329 ( citing Gates , 462 U.S. at 237 ) .

2026This totality of the circumstances analysis looks to the tip's "indicia of reliability" to ascertain whether it adequately establishes the informant's "veracity" and "basis of knowledge." Id. at 328-29 (first quoting Adams v. Williams , 407 U.S. 143, 147 (1972); and then quoting Illinois v. Gates , 462 U.S. 213, 230 (1983)). ¶18 Generally, an anonymous tip is less reliable than a tip from an identified informant, in part because anonymous tips "seldom demonstrate[] the informant's basis of knowledge or veracity." Id. at 329 (citing Gates , 462 U.S. at 237).

2025However, “the totality of the circumstances test for probable cause is an ‘all-things-considered approach,’ and its ‘ultimate touchstone’ is reasonableness.” People v. Zuniga, 2016 CO 52, ¶ 20 (first quoting Florida v. Harris, 568 U.S. 237, 244 (2013); and then quoting Riley v. California, 573 U.S. 373 , 381 (2014)). ¶ 32 Amoako-Asiamah argues that having two electrical boxes and many cameras is wholly innocent and doesn’t suggest criminality.

2016Opinions are also posted on the 4 Colorado Bar Association’s homepage at http://www.cobar.org. 5 6 ADVANCE SHEET HEADNOTE 7 June 27, 2016 8 9 2016 CO 52 0 1 No. 16SA92, People v. Zuniga—Probable Cause to Search—Totality of the 2 Circumstances—Marijuana Odor. 3 4 In this interlocutory appeal, the supreme court reverses the trial court and holds 5 that the odor of marijuana is relevant to the totality of the circumstances test and can 6 contribute to a probable cause determination.

2016See People v. Pacheco, 175 P.3d 91, 95 (Colo. 2006) (“If only non-criminal activity is corroborated, the question whether probable cause exists focuses on ‘the degree of suspicion that attaches to [the] particular types of corroborated non-criminal acts . . . .’” (quoting People v. Leftwich, 869 P.2d 1260, 1268 (Colo. 1994))); People v. McCoy, 870 P.2d 1231 , 1237–38 & n.9 (Colo. 1994) (holding that probable cause does not require specific information that a particular crime has been committed, and stating that the possibility of an innocent alternative explanation is merely a factor in the to

1995We recently addressed the constitutional standard of probable cause to arrest in People v. McCoy, 870 P.2d 1231 (Colo.1994), and held that the totality of the circumstances test should be applied to the particular facts: "Probable cause to arrest exists when the objective facts and circumstances available to a reasonably cautious officer warrant the belief that an offense has been or is being committed by the person arrested." That is, probable cause to arrest requires that at the time an arrest is made the police have probable cause to believe a crime has been or is being committed and probab

2016“Whether information is current or stale plays an important role in the totality of the circumstances analysis.” Id.

2016“Whether information is current or stale plays an important role in the totality of the circumstances analysis.” Id.

2015This case does not involve the debate from Missouri v. McNeely, - U.S. --, 133 S.Ct. 1552 , 185 L.Ed.2d 696 (2013); discussed in People v. Schaufele, 2014 CO 43, ¶ 32 , 325 P.3d 1060, 1066 (plurality opinion), over whether to adopt Chief Justice Roberts's "proposed modified per se rule" approach to the totality of the circumstances test.

2015This case does not involve the debate from Missouri v. McNeely, - U.S. --, 133 S.Ct. 1552 , 185 L.Ed.2d 696 (2013); discussed in People v. Schaufele, 2014 CO 43, ¶ 32 , 325 P.3d 1060, 1066 (plurality opinion), over whether to adopt Chief Justice Roberts's "proposed modified per se rule" approach to the totality of the circumstances test.

1999See § 19-2-511(2); see also People in the Interest of J.C., 844 P.2d 1185, 1189 (Colo.1993).

1999See § 19-2-511(2); see also People in the Interest of J.C., 844 P.2d 1185, 1189 (Colo.1993).

1999See Dracon, 884 P.2d at 717 ; Trujillo, 784 P.2d at 791 .

1994Although the district court does not articulate this standard, by relying on People v. Trujillo, 784 P.2d 788, 792 (Colo.1990), in making its custodial determination, the district court implicitly applied a totality-of-the-circumstances standard. 8 .