totality of the cireumstances test in Utah

8 Utah opinions name it 2 courts 2003–2011 0 in the last five years

The cases below were cited by Utah 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 (4)

Case	Followed	Cited
Kaysville City v. Mulcahygreen utahctapp · 1997 · cited in 2 Utah opinions naming this issue, 2003–2004 2 sentences 2004Howev6er, the court of appeals stated that when the primary support for a warrant is information obtained from an informant, the totality-of-the-cireumstances analysis "requires us to consider the three factors articulated by this court in Kaysville City v. Mulcahy, 943 P.2d 231, 235-36 (Utah Ct.App. 1997)." Saddler, 2003 UT App 82 at ¶ 10 , 67 P.3d 1025 (citations omitted). 2003T16 Examining the Mulcahy factors, see Kaysville City v. Mulcahy, 943 P.2d 231, 235-36 (Utah Ct.App.1997), under a totality of the cireumstances analysis, we conclude that the affidavit failed to establish probable cause that Dable possessed drugs within her residence.	2	2
State v. Bredehoftgreen utahctapp · 1998 · cited in 1 Utah opinions naming this issue, 2008–2008 1 sentence 2008"Consent is not voluntary if it is obtained as 'the product of duress or coercion, express or implied." State v. Bisner, 2001 UT 99, ¶ 47 , 37 P.3d 1073 (citation omitted). "'[Wle further look to see if there is clear and positive testimony that the consent was unequivocal and freely given." Bredehoft, 966 P.2d at 298 (citation omitted).	1	1
Florida v. JLgreen scotus · 2000 · cited in 1 Utah opinions naming this issue, 2006–2006 1 sentence 2006In JL., the United States Supreme Court affirmed the decision of a Florida state court to suppress evidence that was obtained from a juvenile defendant where the police officers' suspicions "arose not from any observations of their own but solely from a call made from an unknown location by an unknown caller." Id. at 270, 120 S.Ct. 1875 .	1	1
State v. Hansengreen utah · 1987 · cited in 1 Utah opinions naming this issue, 2003–2003 1 sentence 2003See State v. Hansen, 732 P.2d 127, 130 (Utah 1987) (noting "an informant's 'reliability' and 'basis of knowledge' are but two relevant considerations, among others, in determining the existence of probable cause," and concluding "[a] weakness in one [area] or the other is not fatal to the warrant so long as" the affidavit, as a whole, provides a "substantial basis for finding probable cause").	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
State v. Hansen green utah · 2002 2 sentences 2010"The appropriate standard to determine voluntariness is the totality of the cireumstances test, and the burden of proof [faced by the prosecutor] is [the] preponderance of the evidence." Id. 2010Id. (internal quotation marks omitted). [ 38 Turning to the court of appeals' decision, we hold that it properly applied the totality of the cireumstances standard.	3	2008–2011
Illinois v. Gates green scotus · 1983 2 sentences 2004State v. Saddler, 2003 UT App 82, ¶ 1 , 67 P.3d 1025 . 14 To determine whether Detective McCarthy's affidavit supported a determination of probable cause, the court of appeals invoked the totality-of-the-cireumstances test from the United States Supreme Court's decision in Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). 2004State v. Saddler, 2003 UT App 82, ¶ 1 , 67 P.3d 1025 . 14 To determine whether Detective McCarthy's affidavit supported a determination of probable cause, the court of appeals invoked the totality-of-the-cireumstances test from the United States Supreme Court's decision in Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).	2	2003–2004
State v. Saddler green utahctapp · 2003 2 sentences 2004State v. Saddler, 2003 UT App 82, ¶ 1 , 67 P.3d 1025 . 14 To determine whether Detective McCarthy's affidavit supported a determination of probable cause, the court of appeals invoked the totality-of-the-cireumstances test from the United States Supreme Court's decision in Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). 2004State v. Saddler, 2003 UT App 82, ¶ 1 , 67 P.3d 1025 . 14 To determine whether Detective McCarthy's affidavit supported a determination of probable cause, the court of appeals invoked the totality-of-the-cireumstances test from the United States Supreme Court's decision in Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).	2	2003–2004
State v. Tripp green utah · 2010 1 sentence 2011"The appropriate standard to determine voluntariness is the totality of the cireumstances test[.]" Id. (citation and internal quotation marks omitted).	1	2011–2011
State v. Warren green utah · 2003 2 sentences 2010Warren 2003 UT 36, ¶ 34 , 78 P.3d 590 . 2010Warren 2003 UT 36, ¶ 34 , 78 P.3d 590 .	1	2010–2010
State v. Bisner green utah · 2001 2 sentences 2008"Consent is not voluntary if it is obtained as 'the product of duress or coercion, express or implied." State v. Bisner, 2001 UT 99, ¶ 47 , 37 P.3d 1073 (citation omitted). "'[Wle further look to see if there is clear and positive testimony that the consent was unequivocal and freely given." Bredehoft, 966 P.2d at 298 (citation omitted). 2008"Consent is not voluntary if it is obtained as 'the product of duress or coercion, express or implied." State v. Bisner, 2001 UT 99, ¶ 47 , 37 P.3d 1073 (citation omitted). "'[Wle further look to see if there is clear and positive testimony that the consent was unequivocal and freely given." Bredehoft, 966 P.2d at 298 (citation omitted).	1	2008–2008
Schneckloth v. Bustamonte green scotus · 1973 2 sentences 2008"Under the totality of the cireumstances test, a court should carefully serutinize both the details of the detention, and the characteristics of the defendant." Id. (citing Schneckloth, 412 U.S. at 248 , 93 S.Ct. 2041 ). 2008"Under the totality of the cireumstances test, a court should carefully serutinize both the details of the detention, and the characteristics of the defendant." Id. (citing Schneckloth, 412 U.S. at 248 , 93 S.Ct. 2041 ).	1	2008–2008
State v. Stromberg green utahctapp · 1989 1 sentence 2003In Stromberg, for instance, the court noted with approval under similar facts that "[the informant observed marijuana use and marijuana paraphernalia in the home on not one occasion, but on numerous visits to the home." Id. 138 Even if veracity and reliability were weak, this is not fatal under the totality-of-the-cireumstances test.	1	2003–2003

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.

← Caselaw search · G Cite Topics · Brief Check