totality of the cireumstances test (Indiana) · Go Syfert
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totality of the cireumstances test in Indiana

8 Indiana opinions name it 2 courts 1986–2010 0 in the last five years

The cases below were cited by Indiana 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 (5)

CaseFollowedCited
Delta Tau Delta, Beta Alpha Chapter v. Johnsongreen
ind · 1999 · cited in 2 Indiana opinions naming this issue, 2001–2010
2 sentences

2010It therefore applied the totality of the cireumstances test, which " 'requires landowners to take reasonable precautions to prevent foreseeable eriminal actions against invitees.'" 716 N.E.2d at 605 (quoting Delta Tau Delta v. Johnson, 712 N.E.2d 968, 973 (Ind. 1999)).

2010Under this test, "'a court considers all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents, to determine whether a criminal act was foreseeable" 716 N.E.2d at 605 -06 (quoting 712 N.E.2d at 972 ).

22
State v. Glassgreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010The dissent maintains that "the fact that the tipster's identity was known to police was sufficient, by itself, to justify Officer Cantrell's stop." But this contention is contrary to our opinion in State v. Glass, 769 N.E.2d 639, 643 (Ind.Ct.App.2002), trans. denied, where we recognized that, "The fact that a named caller with an untested reputation called the police does not in itself establish reasonable suspicion." Indeed, both the United States Supreme Court and the Indiana Supreme Court have consistently held that the totality of the cireumstances test applies to a determination of reaso

11
Kellems v. Stategreen
ind · 2006 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010The dissent's reliance on Kellems v. State, 842 N.E.2d 352, 355 (Ind.2006), rev'd on reh'g on other grounds, 849 N.E.2d 1110 (Ind.2006), also goes too far.

11
State v. Scheibelhutgreen
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002Callahan, 719 N.E.2d at 435 (Ind.Ct.App.1999) (citing State v. Scheibelhut, 673 N.E.2d 821, 824 (Ind.Ct.App.1996)).

11
Callahan v. Stategreen
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002Callahan, 719 N.E.2d at 435 (Ind.Ct.App.1999) (citing State v. Scheibelhut, 673 N.E.2d 821, 824 (Ind.Ct.App.1996)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Neeley v. State green
ind · 1978
2 sentences

1986It should therefore be governed by the totality of the cireumstances standard set forth in Neeley v. State (1978), 269 Ind. 588 , 382 N.E.2d 714 .

1986It should therefore be governed by the totality of the cireumstances standard set forth in Neeley v. State (1978), 269 Ind. 588 , 382 N.E.2d 714 .

21986–1986
Kellems v. State green
ind · 2006
1 sentence

2010The dissent's reliance on Kellems v. State, 842 N.E.2d 352, 355 (Ind.2006), rev'd on reh'g on other grounds, 849 N.E.2d 1110 (Ind.2006), also goes too far.

12010–2010
Hayden v. University of Notre Dame green
indctapp · 1999
2 sentences

2010It therefore applied the totality of the cireumstances test, which " 'requires landowners to take reasonable precautions to prevent foreseeable eriminal actions against invitees.'" 716 N.E.2d at 605 (quoting Delta Tau Delta v. Johnson, 712 N.E.2d 968, 973 (Ind. 1999)).

2010Under this test, "'a court considers all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents, to determine whether a criminal act was foreseeable" 716 N.E.2d at 605 -06 (quoting 712 N.E.2d at 972 ).

12010–2010
Camp v. State green
indctapp · 2001
1 sentence

2002Id. at 304 .

12002–2002
Bivins v. State green
ind · 1995
1 sentence

1995Bivins v. State (1994), Ind., 642 N.E.2d 928, 936 , reh'g denied.

11995–1995
Johnson v. State green
ind · 1992
1 sentence

1995Johnson v. State (1992), Ind., 584 N.E.2d 1092, 1098-99 , (citations omitted), cert. denied, - U.S. -, 118 S.Ct. 155 , 121 L.Ed.2d 105 .

11995–1995
Cassell v. Norris green
scotus · 1997
1 sentence

1995Johnson v. State (1992), Ind., 584 N.E.2d 1092, 1098-99 , (citations omitted), cert. denied, - U.S. -, 118 S.Ct. 155 , 121 L.Ed.2d 105 .

11995–1995
Sherwood v. State neutral
ind · 1985
1 sentence

1986Cf. Sherwood v. State (1985), Ind., 485 N.E.2d 97 .

11986–1986

Where else courts name it

CO 20 (1999–2016) IN 8 (1986–2010) UT 8 (2003–2011) TX 3 (1989–2009) NJ 3 (2009–2015) OK 2 (2000–2001) VT 2 (2009–2011) ND 2 (1998–2006) SD 2 (2006–2015) HI 2 (2002–2007) MN 2 (2008–2008)

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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