8 New York opinions name it 5 courts 1976–2024 1 in the last five years
The cases below were cited by New York 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.
| Case | Followed | Cited |
|---|---|---|
Alabama v. Whitegreen2 sentences2014However, police "corroboration of major portions of the letter's predictions" provided "fair probability that the writer of the anonymous letter had obtained his entire story either from [defendants] or someone they trusted," therefore making it apparent that the judge had a substantial basis for concluding that probable cause to search [defendants'] home and car existed" (id. at 246) The court applied the totality of circumstances analysis in Alabama v White, where it held that in order for an anonymous tip to provide reasonable suspicion to justify a - 5 - - 6 - No. 198 vehicle stop, the tip 2014The Court applied the totality of circumstances analysis in Alabama v White, where it held that in order for an anonymous tip to provide reasonable suspicion to justify a vehicle stop, the tip needed some “indicia of reliability” ( 496 US 325, 327 [1990]). | 1 | 2 |
People v. Guilfordgreen1 sentence2014As a result, the Appellate Division, and now the majority, deviate from a standard that has existed and been relied upon by law enforcement for over 35 years (see People v Anderson, 42 NY2d 35, 38 [1977]; see also People v Guilford, 21 NY3d 205, 206 [2013]). | 1 | 1 |
People v. Andersongreen1 sentence2014As a result, the Appellate Division, and now the majority, deviate from a standard that has existed and been relied upon by law enforcement for over 35 years (see People v Anderson, 42 NY2d 35, 38 [1977]; see also People v Guilford, 21 NY3d 205, 206 [2013]). | 1 | 1 |
North Carolina v. Butlerred2 sentences1983“It is well settled that at a pretrial Huntley hearing the burden of proof is upon the People to prove beyond a reasonable doubt the voluntariness of the statements (People v Holland, 48 NY2d 861 ).” (People v Whittle, 96 AD2d 542 ; see, also, North Carolina v Butler, supra, pp 372-373.) From North Carolina v Butler (supra, p 373), we can infer from the language of the United States Supreme Court that the totality of circumstances test is the proper test. 1983“It is well settled that at a pretrial Huntley hearing the burden of proof is upon the People to prove beyond a reasonable doubt the voluntariness of the statements (People v Holland, 48 NY2d 861 ).” (People v Whittle, 96 AD2d 542 ; see, also, North Carolina v Butler, supra, pp 372-373.) From North Carolina v Butler (supra, p 373), we can infer from the language of the United States Supreme Court that the totality of circumstances test is the proper test. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allen v. Milligan
green
1 sentence2024Before courts can find a violation of Section 2, therefore, they must conduct "an intensely local appraisal" of the electoral mechanism at issue, as well as a "searching practical evaluation of the past and present reality." Allen v Milligan , 599 US at 19 (quoting Gingles , 478 US at 79 ). | 1 | 2024–2024 |
Thornburg v. Gingles
green
2 sentences2024The Court added that "the usual predictability of the majority's success distinguishes structural dilution from the mere loss of an occasional election." Ibid . "[F]inally, the totality of circumstances inquiry recognizes that application of the Gingles factors is 'peculiarly dependent upon the facts of each case'." 478 US at 79 . 2024Before courts can find a violation of Section 2, therefore, they must conduct "an intensely local appraisal" of the electoral mechanism at issue, as well as a "searching practical evaluation of the past and present reality." Allen v Milligan , 599 US at 19 (quoting Gingles , 478 US at 79 ). | 1 | 2024–2024 |
People v. Aveni
green
1 sentence2014I dissent because, in my view, although the Appellate Division paid lip service to the totality of circumstances standard ( 100 AD3d 228 , 237 [2d Dept 2012]), * it failed to apply that standard in this case. | 1 | 2014–2014 |
Illinois v. Gates
green
1 sentence1991To the extent that the decision in Alabama v White ( 496 US 325 ) may be interpreted to support a contrary result, it is clear that this decision and the totality of circumstances test of Illinois v Gates ( 462 US 213 ) upon which it relied, is unacceptable as a matter of State constitutional law (see, People v Johnson, 66 NY2d 398, 406 ). | 1 | 1991–1991 |
Wong Sun v. United States
green
1 sentence1991Since the stop of defendant’s car was unlawful, the contraband seized must be suppressed (see, Wong Sun v United States, 371 US 471 ). | 1 | 1991–1991 |
People v. Johnson
green
1 sentence1991To the extent that the decision in Alabama v White ( 496 US 325 ) may be interpreted to support a contrary result, it is clear that this decision and the totality of circumstances test of Illinois v Gates ( 462 US 213 ) upon which it relied, is unacceptable as a matter of State constitutional law (see, People v Johnson, 66 NY2d 398, 406 ). | 1 | 1991–1991 |
People v. Landy
green
1 sentence1986(See, People v Landy, 59 NY2d 369 , supra.) The information supplied by the same informants together with all of the relevant circumstances even more easily meets the totality of circumstances test of Illinois v Gates (supra). | 1 | 1986–1986 |
People v. Bigelow
green
1 sentence1986(Compare, People v Bigelow, 66 NY2d 417 , supra.) Certainly, they comply with a mandate of reasonableness. | 1 | 1986–1986 |
People v. Baez
green
1 sentence1983The court states (p 373): “The courts must presume that a defendant did not waive his rights; the prosecution’s burden is great; but in at least some cases waiver can be clearly inferred from the actions and words of the person interrogated.” (See, also, People v Baez, 79 AD2d 608, 609 .) After considering the totality of the circumstances in the case at bar, the court concludes that the People did not sustain their burden that the defendant made a knowing and intelligent waiver of his rights. | 1 | 1983–1983 |
People v. Williams
neutral
1 sentence1983“It is well settled that at a pretrial Huntley hearing the burden of proof is upon the People to prove beyond a reasonable doubt the voluntariness of the statements (People v Holland, 48 NY2d 861 ).” (People v Whittle, 96 AD2d 542 ; see, also, North Carolina v Butler, supra, pp 372-373.) From North Carolina v Butler (supra, p 373), we can infer from the language of the United States Supreme Court that the totality of circumstances test is the proper test. | 1 | 1983–1983 |
People v. Holland
green
1 sentence1983“It is well settled that at a pretrial Huntley hearing the burden of proof is upon the People to prove beyond a reasonable doubt the voluntariness of the statements (People v Holland, 48 NY2d 861 ).” (People v Whittle, 96 AD2d 542 ; see, also, North Carolina v Butler, supra, pp 372-373.) From North Carolina v Butler (supra, p 373), we can infer from the language of the United States Supreme Court that the totality of circumstances test is the proper test. | 1 | 1983–1983 |
People v. David L.
green
1 sentence1982The Court of Appeals in adopting the dissenting opinion of Judges P. Hopkins and Weinstein in People v David L. (supra) stated that the defendant’s conduct in sliding across the seat and thus exposing the gun in his waistband properly allowed him to be searched, the intrusion being deemed minimal. | 1 | 1982–1982 |
Neil v. Biggers
green
1 sentence1976Under the totality of circumstances doctrine enunciated by the court in Neil v Biggers ( 409 US 188 ), the trial court did not err in refusing to suppress the lineup identification. | 1 | 1976–1976 |
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.