totality of the circumstances test (Wisconsin) · Go Syfert
← Wisconsin issues

totality of the circumstances test in Wisconsin

88 Wisconsin opinions name it 2 courts 1973–2026 25 in the last five years

The cases below were cited by Wisconsin 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.

Followed or applied (38)

CaseFollowedCited
Illinois v. Gatesgreen
scotus · 1983 · cited in 11 Wisconsin opinions naming this issue, 1986–2015
2 sentences

2009See also State v. McAttee, 2001 WI App 262, ¶ 9 , 248 Wis.2d 865 , 637 N.W.2d 774 ("probable cause to arrest may be based on hearsay information that is `shown to be reliable and emanating from a credible source'" (quoted source omitted))0; Lopez, 207 Wis.2d at 425 , 559 N.W.2d 264 (trial court must consider all circumstances including the veracity and basis of knowledge of persons supplying hearsay information). [13] The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), adopted the totality of the circumstances test in place of the rigidl

2009The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1982), adopted the totality of the circumstances test in place of the rigidly applied two-prong test in Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

311
United States v. Tuckergreen
ca10 · 2002 · cited in 3 Wisconsin opinions naming this issue, 2015–2015
2 sentences

2015This evidence, which seemingly had been around for years and likely otherwise exists in cyberspace, did not appear to be "volatile" and no reason is readily apparent to explain why executing the warrants in a more traditional manner, by far less forceful means, would pose any "risk of personal injuries and property damage." See Tucker, 313 F.3d at 1266 (upholding a nighttime search because "there was not just risk of destruction of the evidence but also risk of personal injuries and property damage due to the volatile nature of the chemicals and the process of methamphetamine manufacture"). ¶3

2015This evidence, which seemingly had been around for years and likely otherwise exists in cyberspace, did not appear to be "volatile" and no reason is readily apparent to explain why executing the warrants in a more traditional manner, by far less forceful means, would pose any "risk of personal injuries and property damage." See Tucker, 313 F.3d at 1266 (upholding a nighttime search because "there was not just risk of destruction of the evidence but also risk of personal injuries and property damage due to the volatile nature of the chemicals and the process of methamphetamine manufacture"). ¶3

33
United States v. Steven Boldgreen
ca2 · 1994 · cited in 3 Wisconsin opinions naming this issue, 1999–2022
2 sentences

2022The unlawful use of a firearm presents an "imminent danger," see United States v. Harrell, 268 F.3d 141, 151 (2d Cir. 2001) (Meskill, J., concurring), which may be considered in "the totality-of-the-circumstances test for determining reasonable suspicion" because of "the government's need for a prompt investigation." See Bold, 19 F.3d at 104 (citation omitted). ¶42 In this case, ShotSpotter reported four gunshots in a highly residential neighborhood.

2022The unlawful use of a firearm presents an "imminent danger," see United States v. Harrell, 268 F.3d 141, 151 (2d Cir. 2001) (Meskill, J., concurring), which may be considered in "the totality-of-the-circumstances test for determining reasonable suspicion" because of "the government's need for a prompt investigation." See Bold, 19 F.3d at 104 (citation omitted). ¶42 In this case, ShotSpotter reported four gunshots in a highly residential neighborhood.

23
People v. N.A.S.green
colo · 2014 · cited in 2 Wisconsin opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., B.A., 100 N.E.3d at 234 (determining a student was in custody where “no one called his mom until after his interview”); People v. N.A.S., 329 P.3d 285, ¶¶2, 13 (Colo. 2014) (no custody where a parent and uncle were in the room). ¶25 We note that the Miranda custody analysis remains a totality of the circumstances test, and our list of considerations here is non- exhaustive. 3.

2026See, e.g., B.A., 100 N.E.3d at 234 (determining a student was in custody where “no one called his mom until after his interview”); People v. N.A.S., 329 P.3d 285, ¶¶2, 13 (Colo. 2014) (no custody where a parent and uncle were in the room). ¶25 We note that the Miranda custody analysis remains a totality of the circumstances test, and our list of considerations here is non- exhaustive. 3.

22
B.A. v. Stategreen
ind · 2018 · cited in 2 Wisconsin opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., B.A., 100 N.E.3d at 234 (determining a student was in custody where “no one called his mom until after his interview”); People v. N.A.S., 329 P.3d 285, ¶¶2, 13 (Colo. 2014) (no custody where a parent and uncle were in the room). ¶25 We note that the Miranda custody analysis remains a totality of the circumstances test, and our list of considerations here is non- exhaustive. 3.

2026See, e.g., B.A., 100 N.E.3d at 234 (determining a student was in custody where “no one called his mom until after his interview”); People v. N.A.S., 329 P.3d 285, ¶¶2, 13 (Colo. 2014) (no custody where a parent and uncle were in the room). ¶25 We note that the Miranda custody analysis remains a totality of the circumstances test, and our list of considerations here is non- exhaustive. 3.

22
Wisconsin Legislature v. Wisconsin Elections Commissiongreen
scotus · 2022 · cited in 2 Wisconsin opinions naming this issue, 2022–2022
2 sentences

2022LULAC, 548 U.S. at 436 ; accord Wis. Legislature v. Wis. Elections Comm'n, 142 S. Ct. at 1249 ("We have identified as relevant to the totality analysis several factors enumerated in the Senate Report on the 1982 amendments to the VRA, as well as [proportionality].").

2022LULAC, 548 U.S. at 436 ; accord Wis. Legislature v. Wis. Elections Comm'n, 142 S. Ct. at 1249 ("We have identified as relevant to the totality analysis several factors enumerated in the Senate Report on the 1982 amendments to the VRA, as well as [proportionality].").

22
United States v. Walter Harrell and Lawrence Dunhamgreen
ca2 · 2001 · cited in 2 Wisconsin opinions naming this issue, 2022–2022
2 sentences

2022The unlawful use of a firearm presents an "imminent danger," see United States v. Harrell, 268 F.3d 141, 151 (2d Cir. 2001) (Meskill, J., concurring), which may be considered in "the totality-of-the-circumstances test for determining reasonable suspicion" because of "the government's need for a prompt investigation." See Bold, 19 F.3d at 104 (citation omitted). ¶42 In this case, ShotSpotter reported four gunshots in a highly residential neighborhood.

2022The unlawful use of a firearm presents an "imminent danger," see United States v. Harrell, 268 F.3d 141, 151 (2d Cir. 2001) (Meskill, J., concurring), which may be considered in "the totality-of-the-circumstances test for determining reasonable suspicion" because of "the government's need for a prompt investigation." See Bold, 19 F.3d at 104 (citation omitted). ¶42 In this case, ShotSpotter reported four gunshots in a highly residential neighborhood.

22
United States v. City of Euclidgreen
ohnd · 2008 · cited in 2 Wisconsin opinions naming this issue, 2022–2022
2 sentences

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

22
Tammy W-G. v. Jacob T.green
wis · 2011 · cited in 2 Wisconsin opinions naming this issue, 2019–2021
2 sentences

2021This subsection “prescribes a totality-of-the-circumstances test,” in which “the fact-finder should consider any support or care, or lack thereof, the parent provided the child throughout the child’s entire life.” Tammy W-G. v. Jacob T., 2011 WI 30, ¶3 , 333 Wis. 2d 273 , 797 N.W.2d 854 .

2021This subsection “prescribes a totality-of-the-circumstances test,” in which “the fact-finder should consider any support or care, or lack thereof, the parent provided the child throughout the child’s entire life.” Tammy W-G. v. Jacob T., 2011 WI 30, ¶3 , 333 Wis. 2d 273 , 797 N.W.2d 854 .

22
State v. Jerrell C.J.green
wis · 2005 · cited in 2 Wisconsin opinions naming this issue, 2015–2015
2 sentences

2015Juveniles and the mentally retarded are the most vulnerable to modern psychological interrogation techniques." Jerrell C.J., 283 Wis. 2d 145, ¶104 (Abrahamson, C.J., concurring). 6 No. 2013AP127-CR.ssa • The cumulative effect of these factors under the totality of the circumstances test weighs against the voluntariness of the confession. ¶125 In sum, the defendant, a 15-year-old eighth grader of borderline intelligence, was in custody for roughly 11 hours; was interrogated for periods totaling nearly six hours; was subject to psychological interrogation methods; had no parent, attorney, or int

2015Juveniles and the mentally retarded are the most vulnerable to modern psychological interrogation techniques." Jerrell C.J., 283 Wis. 2d 145, ¶104 (Abrahamson, C.J., concurring). 6 No. 2013AP127-CR.ssa • The cumulative effect of these factors under the totality of the circumstances test weighs against the voluntariness of the confession. ¶125 In sum, the defendant, a 15-year-old eighth grader of borderline intelligence, was in custody for roughly 11 hours; was interrogated for periods totaling nearly six hours; was subject to psychological interrogation methods; had no parent, attorney, or int

22
State v. Clappesgreen
wis · 1987 · cited in 4 Wisconsin opinions naming this issue, 2002–2010
2 sentences

2010"The ultimate determination of whether a confession is voluntary under the totality of the circumstances standard requires the court to balance the personal characteristics of the defendant against the pressures imposed upon him by police in order to induce him to respond to the questioning." Id. [C]oercive police activity is a necessary predicate to the finding that a confession is not voluntary within the meaning of the Due Process Clause of the Fourteenth Amendment, but coercive activity does not, in and of itself, establish involuntariness.... [A] trial court should not undertake the balan

2002In Clappes, 136 Wis. 2d at 236 , this court applied a totality of the circumstances test in order to assess whether confessions are involuntary.

14
City of West Bend v. Wilkensgreen
wisctapp · 2005 · cited in 2 Wisconsin opinions naming this issue, 2020–2021
2 sentences

2021See City of West Bend v. Wilkens, 2005 WI App 36, ¶1 , 278 Wis. 2d 643 , 693 N.W.2d 324 ; see also State v. Krumm, No. 2019AP243-CR, unpublished slip op. ¶18 (WI App May 5, 2020) (“We are not persuaded that the deficient administration of the HGN test in this case renders the test results so devoid of probative value that they cannot be considered within the totality of the circumstances analysis.”). ¶19 The officer saw clues of intoxication on two of the three standard FSTs.

2021See City of West Bend v. Wilkens, 2005 WI App 36, ¶1 , 278 Wis. 2d 643 , 693 N.W.2d 324 ; see also State v. Krumm, No. 2019AP243-CR, unpublished slip op. ¶18 (WI App May 5, 2020) (“We are not persuaded that the deficient administration of the HGN test in this case renders the test results so devoid of probative value that they cannot be considered within the totality of the circumstances analysis.”). ¶19 The officer saw clues of intoxication on two of the three standard FSTs.

12
1325 North Van Buren, LLC v. T-3 Group, Ltd.green
wis · 2006 · cited in 2 Wisconsin opinions naming this issue, 2008–2012
2 sentences

2008A totality of the circumstances analysis is required before the predominant purpose of a contract can be determined when a contract provides both a product and services. 1325 N. Van Burén, 293 Wis. 2d 410, ¶ 29 ; Linden, 283 Wis. 2d 606, ¶ 22 . ¶ 111.

2008A totality of the circumstances analysis is required before the predominant purpose of a contract can be determined when a contract provides both a product and services. 1325 N. Van Buren, 293 Wis.2d 410, ¶ 29 , 716 N.W.2d 822 ; Linden, 283 Wis.2d 606, ¶ 22 , 699 N.W.2d 189 . ¶ 111 The majority opinion also errs because it ignores both the facts and the law that apply to the question presented.

12
Skinner v. Railway Labor Executives' Assn.green
scotus · 1989 · cited in 1 Wisconsin opinions naming this issue, 2026–2026
2 sentences

2026We explain the relevant authorities, and then turn to the debate. ¶14 The Supreme Court has said that whether a private actor acts as an instrument or agent of government “turns on the degree of the Government’s participation” and must be resolved “in light of all the circumstances.” Skinner, 489 U.S. at 614 (quoting another source). ¶15 In Skinner, the Supreme Court considered regulations surrounding railroad-employee intoxication testing and held that railroads acted as instruments or agents of the government.

2026See Skinner, 489 U.S. at 614 ; Payano-Roman, 290 Wis. 2d 380 , ¶¶27–28.3 2.

11
Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.green
wisctapp · 2009 · cited in 1 Wisconsin opinions naming this issue, 2025–2025
11
United States v. Mark G. Sertichgreen
ca7 · 1996 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
United States v. Terry L. Woodgreen
ca10 · 1997 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
State v. Gossgreen
wis · 2011 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
United States v. Arvizugreen
scotus · 2002 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
State v. Postgreen
wis · 2007 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
State v. Patrick I. Hogangreen
wis · 2015 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
11
State v. Quarzenskigreen
wisctapp · 2007 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
11
State v. Williamsgreen
wis · 2001 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
11
United States v. Ambrosegreen
ca7 · 2012 · cited in 1 Wisconsin opinions naming this issue, 2018–2018
11
Samson v. Californiagreen
scotus · 2006 · cited in 1 Wisconsin opinions naming this issue, 2018–2018
11
Michael Belleau v. Edward Wallgreen
ca7 · 2016 · cited in 1 Wisconsin opinions naming this issue, 2018–2018
11
Sampson v. United Statesgreen
scotus · 2006 · cited in 1 Wisconsin opinions naming this issue, 2018–2018
11
United States v. Clarence Richardson, Jr.green
ca7 · 2000 · cited in 1 Wisconsin opinions naming this issue, 2017–2017
11
State v. Dubosered
wis · 2005 · cited in 1 Wisconsin opinions naming this issue, 2017–2017
11
National Equipment Rental, Ltd. v. H. Walter Hendrix, III and Jean K. Hendrixgreen
ca2 · 1977 · cited in 1 Wisconsin opinions naming this issue, 2017–2017
11
McDonald v. United Statesgreen
scotus · 1948 · cited in 1 Wisconsin opinions naming this issue, 2014–2014
11
Vale v. Louisianagreen
scotus · 1970 · cited in 1 Wisconsin opinions naming this issue, 2014–2014
11
State v. Jensengreen
wis · 2000 · cited in 1 Wisconsin opinions naming this issue, 2011–2011
11
Brown v. Illinoisgreen
scotus · 1975 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
11
State v. Richardsongreen
wis · 1990 · cited in 1 Wisconsin opinions naming this issue, 2009–2009
11
State v. McAtteegreen
wisctapp · 2001 · cited in 1 Wisconsin opinions naming this issue, 2009–2009
11
State v. Reedgreen
wisctapp · 1990 · cited in 1 Wisconsin opinions naming this issue, 2009–2009
11
Wyrick v. Fieldsgreen
scotus · 1982 · cited in 1 Wisconsin opinions naming this issue, 2009–2009
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (42)

CaseCitedYears
State v. Hoppe green
wis · 2003
2 sentences

2025Hoppe, 261 Wis. 2d 294, ¶38 .

2008Id. ¶ 37 This court applies a totality of the circumstances standard to determine whether a statement was made voluntarily.

42004–2025
League of United Latin American Citizens v. Perry green
scotus · 2006
2 sentences

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

42022–2022
Missouri v. McNeely green
scotus · 2013
2 sentences

2016Instead, he argued that a totality-of-the-circumstances analysis applied under Missouri v. McNeely, 569 U.S. _ , 133 S. Ct. 1552 (2013), and that, under the totality of the circumstances, no exigent circumstances justified the war-rantless blood draw.

2016Instead, he argued that a totality-of-the-circumstances analysis applied under Missouri v. McNeely, 569 U.S. ___ , 133 S. Ct. 1552 (2013), and that, under the totality of the circumstances, no exigent circumstances justified the warrantless blood draw.

42014–2016
Aguilar v. Texas red
scotus · 1964
2 sentences

2009See also State v. McAttee, 2001 WI App 262, ¶ 9 , 248 Wis.2d 865 , 637 N.W.2d 774 ("probable cause to arrest may be based on hearsay information that is `shown to be reliable and emanating from a credible source'" (quoted source omitted))0; Lopez, 207 Wis.2d at 425 , 559 N.W.2d 264 (trial court must consider all circumstances including the veracity and basis of knowledge of persons supplying hearsay information). [13] The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), adopted the totality of the circumstances test in place of the rigidl

2009The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1982), adopted the totality of the circumstances test in place of the rigidly applied two-prong test in Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

41987–2009
State v. Boggess green
wis · 1983
2 sentences

1988In State v. Boggess, 115 Wis. 2d 443, 453-57 , 340 N.W.2d 516 (1983), we adopted the totality of the circumstances test for determining probable cause enunciated by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1983).

1988In State v. Boggess, 115 Wis. 2d 443, 453-57 , 340 N.W.2d 516 (1983), we adopted the totality of the circumstances test for determining probable cause enunciated by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1983).

41986–1988
Spinelli v. United States red
scotus · 1969
2 sentences

2009See also State v. McAttee, 2001 WI App 262, ¶ 9 , 248 Wis.2d 865 , 637 N.W.2d 774 ("probable cause to arrest may be based on hearsay information that is `shown to be reliable and emanating from a credible source'" (quoted source omitted))0; Lopez, 207 Wis.2d at 425 , 559 N.W.2d 264 (trial court must consider all circumstances including the veracity and basis of knowledge of persons supplying hearsay information). [13] The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), adopted the totality of the circumstances test in place of the rigidl

2009The United States Supreme Court in Illinois v. Gates, 462 U.S. 213 (1982), adopted the totality of the circumstances test in place of the rigidly applied two-prong test in Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

31987–2009
Linden v. Cascade Stone Company, Inc. green
wis · 2005
2 sentences

2008A totality of the circumstances analysis is required before the predominant purpose of a contract can be determined when a contract provides both a product and services. 1325 N. Van Burén, 293 Wis. 2d 410, ¶ 29 ; Linden, 283 Wis. 2d 606, ¶ 22 . ¶ 111.

2008A totality of the circumstances analysis is required before the predominant purpose of a contract can be determined when a contract provides both a product and services. 1325 N. Van Buren, 293 Wis.2d 410, ¶ 29 , 716 N.W.2d 822 ; Linden, 283 Wis.2d 606, ¶ 22 , 699 N.W.2d 189 . ¶ 111 The majority opinion also errs because it ignores both the facts and the law that apply to the question presented.

32006–2008
Thornburg v. Gingles green
scotus · 1986
2 sentences

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

2022Gingles, 478 U.S. at 43-45 ; LULAC, 548 U.S. at 426 ; see, e.g., City of Euclid, 580 F. Supp. 2d at 604-12 (providing a totality of the circumstances analysis).

22022–2022
State v. Allen green
wisctapp · 1999
2 sentences

2021See Hogan, 364 Wis. 2d 167, ¶47 (experience of officer is “a plus”); State v. Allen, 226 Wis. 2d 66, 74 , 593 N.W.2d 504 (Ct. App. 1999) (training and experience of an officer is a factor to be considered in the totality of the circumstances analysis). ¶21 A second factor is that the deputy learned during the stop, before requesting the field sobriety tests, that Adell had four prior operating while intoxicated convictions.

2021See Hogan, 364 Wis. 2d 167, ¶47 (experience of officer is “a plus”); State v. Allen, 226 Wis. 2d 66, 74 , 593 N.W.2d 504 (Ct. App. 1999) (training and experience of an officer is a factor to be considered in the totality of the circumstances analysis). ¶21 A second factor is that the deputy learned during the stop, before requesting the field sobriety tests, that Adell had four prior operating while intoxicated convictions.

22020–2021
State v. Bohling red
wis · 1993
2 sentences

2014The United States Supreme Court "granted certiorari to resolve a split of authority on the question whether the natural 10 As explained above, probable cause to arrest "substitutes for the predicate act of lawful arrest." State v. Bohling, 173 Wis. 2d 529 , 534 n.1, 494 N.W.2d 399 (1993) (citation omitted).

2014The United States Supreme Court "granted certiorari to resolve a split of authority on the question whether the natural 10 As explained above, probable cause to arrest "substitutes for the predicate act of lawful arrest." State v. Bohling, 173 Wis. 2d 529 , 534 n.1, 494 N.W.2d 399 (1993) (citation omitted).

22014–2014
State v. Wisumierski green
wis · 1982
2 sentences

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court's decision in United States v. Salvucci, 448 U.S. 83 (1980).

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court's decision in United States v. Salvucci, 448 U.S. 83 (1980).

21986–1988
State v. Callaway green
wis · 1982
2 sentences

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court's decision in United States v. Salvucci, 448 U.S. 83 (1980).

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court's decision in United States v. Salvucci, 448 U.S. 83 (1980).

21986–1988
United States v. Salvucci green
scotus · 1980
2 sentences

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court's decision in United States v. Salvucci, 448 U.S. 83 (1980).

1988In State v. Callaway, 106 Wis. 2d 503, 519-20 , 317 N.W.2d 428 (1982), and State v. Wisumierski, 106 Wis. 2d 722, 727-28 , 317 N.W.2d 484 (1982), we repudiated the doctrine of automatic standing for persons accused of possessary offenses, in accord with the Supreme Court’s decision in United States v. Salvucci, 448 U.S. 83 (1980).

21986–1988
State v. Payano-Roman green
wis · 2006
1 sentence

2026See Skinner, 489 U.S. at 614 ; Payano-Roman, 290 Wis. 2d 380 , ¶¶27–28.3 2.

12026–2026
State v. James Timothy Genous green
wis · 2021
1 sentence

2026But that’s not how the law works, and the supreme court made that clear when it previously rejected the “divide-and-conquer” tactic of “isolating various factors, attacking them one by one, and then excluding each factor from the totality-of-the-circumstances analysis.” See id. (citation omitted).

12026–2026
State v. Artic green
wis · 2010
2 sentences

2026He further contends the totality of the circumstances factors set forth in State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 , support his position.

2026He further contends the totality of the circumstances factors set forth in State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 , support his position.

12026–2026
Schilling v. Employers Mutual Casualty Co. green
wisctapp · 1997
12024–2024
State v. Sisk green
wisctapp · 2001
12021–2021
State v. Waldner green
wis · 1996
12021–2021
State v. Silverstein green
wisctapp · 2017
12021–2021
State v. Johnson green
wisctapp · 1995
12021–2021
State v. Davis green
wis · 2008
12021–2021
Matter of Parental Rights to Sueann Am green
wis · 1993
12021–2021
State v. Grady green
wis · 2009
12021–2021
State v. David M. Hay green
wisctapp · 2020
12020–2020
Miranda v. Arizona green
scotus · 1966
12019–2019
Medical Air Technology Corp. v. Marwan Investment, Inc. green
ca1 · 2002
12017–2017
State v. Eason green
wis · 2001
12017–2017
United States v. Samuel Berkowitz green
ca1 · 1970
12017–2017
United States v. Thomas Callahan and Thomas Kapatos green
ca2 · 1971
12017–2017
Schneckloth v. Bustamonte green
scotus · 1973
12017–2017
Holt v. State green
wis · 1962
12017–2017
State v. McGuire green
wis · 2010
12011–2011
State v. Edmunds green
wisctapp · 1999
12011–2011
State v. Holtz green
wisctapp · 1992
12011–2011
State v. Miller green
wisctapp · 2009
12011–2011
State v. Deets green
wisctapp · 1994
12010–2010
State v. Kerr green
wis · 1994
12010–2010
State v. Lopez green
wisctapp · 1996
12009–2009
State v. Swanson green
wis · 1991
12009–2009

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (18) WI § Wis. Stat. § 346.63 (11) WI § Wis. Stat. § 752.31 (8) WI § Wis. Stat. § 961.41 (8) WI § Wis. Stat. § 971.31 (7) WI § Wis. Stat. § 343.305 (6) WI § Wis. Stat. § 902.01 (6) WI § Wis. Stat. § 805.17 (5) WI § Wis. Stat. § 941.29 (5) WI § Wis. Stat. § 968.135 (5) WI § Wis. Stat. § 968.28 (4) WI § Wis. Stat. § 990.001 (4)

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.

Where else courts name it

PA 630 (1972–2026) OH 373 (1984–2026) TX 296 (1971–2026) IL 179 (1974–2026) NC 174 (1978–2026) NJ 166 (1983–2026) CA 147 (1977–2026) TN 133 (1971–2026) LA 106 (1978–2025) MN 99 (1983–2025) GA 96 (1976–2026) WA 93 (1982–2026) AL 90 (1977–2025) CO 89 (1981–2026) FL 89 (1981–2025) WI 88 (1973–2026) ID 77 (1979–2026) MD 77 (1975–2026) KS 75 (1976–2026) VA 74 (1986–2026) CT 68 (1982–2026) MI 68 (1970–2026) MS 57 (1985–2026) ND 57 (1988–2023) IN 52 (1983–2026) UT 48 (1980–2026) IA 46 (1970–2025) MT 43 (1984–2024) AR 41 (1983–2024) NE 40 (1983–2026) ME 40 (1979–2022) MO 38 (1966–2025) DE 34 (1978–2026) NM 33 (1990–2026) MA 33 (1983–2026) NH 32 (1980–2023) AZ 32 (1982–2023) SC 32 (1985–2023) HI 32 (1994–2025) KY 30 (1999–2026) DC 27 (1976–2026) RI 26 (1984–2026) SD 25 (1980–2019) NY 23 (1981–2025) VT 22 (1987–2023) OR 18 (1982–2026) NV 17 (1986–2026) WY 11 (1988–2022) WV 11 (1978–2021) OK 8 (1979–2021) AK 6 (1987–2019) VI 3 (2009–2026)

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.

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