totality of circumstances test in Michigan

2025See, e.g., People v Zuniga, 372 P3d 1052 (Co, 2016) (holding “that the odor of marijuana is relevant to the totality of the circumstances test and can 13 contribute to a probable cause determination”); People v Redmond, 2024 IL 129201, ¶ 54 ; 248 NE3d 1026 (2024) (holding that “the odor of burnt cannabis is a fact that should be considered when determining whether police have probable cause to search a vehicle, but the odor of burnt cannabis, standing alone without other inculpatory facts, does not provide probable cause to search a vehicle”); State v Torgerson, 995 NW2d 164 , 174 (Minn, 2023)

2025See, e.g., People v Zuniga, 372 P3d 1052 (Co, 2016) (holding “that the odor of marijuana is relevant to the totality of the circumstances test and can contribute to a probable cause determination”); People v Redmond, 2024 IL 129201, ¶ 54 ; 13 248 NE3d 1026 (2024) (holding that “the odor of burnt cannabis is a fact that should be considered when determining whether police have probable cause to search a vehicle, but the odor of burnt cannabis, standing alone without other inculpatory facts, does not provide probable cause to search a vehicle”); State v Torgerson, 995 NW2d 164 , 174 (Minn, 2023)

2025More importantly, this rule is consistent with the Fourth Amendment principle that “[w]here the standard is probable cause, a search or seizure of a person must be supported by probable cause particularized with respect to that person.” Ybarra v Illinois, 444 US 85, 91 ; 100 S Ct 338 ; 62 L Ed 2d 238 (1979).

2025More importantly, this rule is consistent with the Fourth Amendment principle that “[w]here the standard is probable cause, a search or seizure of a person must be supported by probable cause particularized with respect to that person.” Ybarra v Illinois, 444 US 85, 91 ; 100 S Ct 338 ; 62 L Ed 2d 238 (1979).

1988As for whether defendant’s statement was involuntary because it was induced by a promise of leniency, we defer to the trial court’s lengthy findings under the totality of circumstances test set forth in People v Conte, 421 Mich 704, 754-755 ; 365 NW2d 648 (1984).

1988As for whether defendant’s statement was involuntary because it was induced by a promise of leniency, we defer to the trial court’s lengthy findings under the totality of circumstances test set forth in People v Conte, 421 Mich 704, 754-755 ; 365 NW2d 648 (1984).

2024Using the totality-of-circumstances test from Knights, 534 US at 118 , this Court takes note of the importance of the trial court’s probation order as a salient circumstance.

1992The Supreme Court’s remand order directs us to address "whether the totality of circumstances test, discussed in Meeboer, supra, should apply in this case where the complainant is thirteen years of age and a presumption might arise that the complainant understood the need to be truthful to examining medical personnel.” 440 Mich 856 . *662 Neither counsel nor the Supreme Court has directed our attention to the precise presumption to which the Supreme Court refers.

1992On remand in the present case, we now address , "the question of whether the exception embodied in MRE 803(4) applies and, if so, whether the totality of circumstances test, discussed in [People v Meeboer (After Remand), 439 Mich 310 ; 484 NW2d 621 (1992)] should apply in this case where the complainant is thirteen years of age and a presumption might arise that the complainant understood the need to be truthful to examining medical personnel.” We again affirm and hold that the thirteen-year-old victim’s statements to her nurse were properly admitted into evidence pursuant to the hearsay excep

1992On remand in the present case, we now address , "the question of whether the exception embodied in MRE 803(4) applies and, if so, whether the totality of circumstances test, discussed in [People v Meeboer (After Remand), 439 Mich 310 ; 484 NW2d 621 (1992)] should apply in this case where the complainant is thirteen years of age and a presumption might arise that the complainant understood the need to be truthful to examining medical personnel.” We again affirm and hold that the thirteen-year-old victim’s statements to her nurse were properly admitted into evidence pursuant to the hearsay excep

1989In so holding, the Court noted Hergenrether v East, 61 Cal 2d 440; 39 Cal Rptr 4; 393 P2d 164 (1964), which applied the totality of circumstances test where there was no ordinance involved.

1987In People v Sherbine, 421 Mich 502 ; 364 NW2d 658 (1984), the Michigan Supreme Court declined to reach the issue of whether it would follow Gates or retain Aguilar-Spinelli.

1987In People v Sherbine, 421 Mich 502 ; 364 NW2d 658 (1984), the Michigan Supreme Court declined to reach the issue of whether it would follow Gates or retain Aguilar-Spinelli.

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985II We apply the totality of circumstances test and the enumerated factors to the cases before us to conclude that in each instance the statement was not the product of a situation which overbore the defendant’s will, Rogers v Richmond, 365 US 534 ; 81 S Ct 735 ; 5 L Ed 2d 760 (1961).

1985II We apply the totality of circumstances test and the enumerated factors to the cases before us to conclude that in each instance the statement was not the product of a situation which overbore the defendant’s will, Rogers v Richmond, 365 US 534 ; 81 S Ct 735 ; 5 L Ed 2d 760 (1961).

1985A contrary analysis would lead to the exclu *754 sion of otherwise highly probative evidence, despite the fact that there was no indication that the concession offered actually operated to render the defendant’s statement involuntary, that is, not a product of his own volition. 5 The totality of circumstances test "is 'judicial’ in its treatment of one case at a time [citation omitted], flexible in its ability to respond to the endless mutations of fact presented, and ever more familiar to the lower courts.” Miranda v Arizona, 384 US 436, 508 ; 86 S Ct 1602 ; 16 L Ed 2d 694 (1966) (Harlan, J.,

1985A contrary analysis would lead to the exclu *754 sion of otherwise highly probative evidence, despite the fact that there was no indication that the concession offered actually operated to render the defendant’s statement involuntary, that is, not a product of his own volition. 5 The totality of circumstances test "is 'judicial’ in its treatment of one case at a time [citation omitted], flexible in its ability to respond to the endless mutations of fact presented, and ever more familiar to the lower courts.” Miranda v Arizona, 384 US 436, 508 ; 86 S Ct 1602 ; 16 L Ed 2d 694 (1966) (Harlan, J.,

1985We recognize that establishing a "bright line” test such as that advanced by Justice Kavanagh in Jones, supra, would have the virtue of avoiding difficult factual interpretations by the trial and appellate courts, as well as obviating the clear potential for conviction that an erroneously admitted statement would pose.

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1985The totality of circumstances test for voluntariness requires consideration of a multiplicity of factors, including, but not limited to, the nature of the inducement, Brady v United States, 397 US 742 ; 90 S Ct 1463 ; 25 L Ed 2d 747 (1970), the length and conditions of detention, Haynes v Washington, 373 US 503 ; 83 S Ct 1336 ; 10 L Ed 2d 513 (1963), the physical and mental state of the defendant (including his age, mentality, and prior criminal experience), Lynumn v Illinois, 372 US 528 ; 83 S Ct 917 ; 9 L Ed 2d 922 (1963), the conduct of the police, Reck v Pate, 367 US 433 ; 81 S Ct 1541 ; 6

1966The trial judge relied primarily upon the law as expressed in Gallegos v. Colorado, supra; Jackson v. Denno, supra; People v. Walker, supra; and the cited provisions of the Michigan probate code.