totality of circumstances test (Virginia) · Go Syfert
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totality of circumstances test in Virginia

7 Virginia opinions name it 3 courts 1993–2026 1 in the last five years

The cases below were cited by Virginia 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 (7)

CaseFollowedCited
Illinois v. Gatesgreen
scotus · 1983 · cited in 2 Virginia opinions naming this issue, 2002–2008
2 sentences

2008See Illinois v. Gates, 462 U.S. 213, 233 (1983).

2002Illinois v. Gates, 462 U.S. 213, 230, 233 (1983); Boyd v. Commonwealth, 12 Va. App. 179, 186 , 402 S.E.2d 914, 918 (1991).

22
State v. Ottogreen
iowa · 1997 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v. Johnston, 440 P.3d 1223, 1226 (Colo. App. 2018); State v. Otto, 566 N.W.2d 509, 511 (Iowa 1997) (per curiam); State v. Pratt, 932 A.2d 1039, 1041-42 (Vt. 2007); State v. Post, 733 N.W.2d 634, 641 (Wis. 2007).

11
State v. Postgreen
wis · 2007 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v. Johnston, 440 P.3d 1223, 1226 (Colo. App. 2018); State v. Otto, 566 N.W.2d 509, 511 (Iowa 1997) (per curiam); State v. Pratt, 932 A.2d 1039, 1041-42 (Vt. 2007); State v. Post, 733 N.W.2d 634, 641 (Wis. 2007).

11
People v. Johnstongreen
coloctapp · 2018 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v. Johnston, 440 P.3d 1223, 1226 (Colo. App. 2018); State v. Otto, 566 N.W.2d 509, 511 (Iowa 1997) (per curiam); State v. Pratt, 932 A.2d 1039, 1041-42 (Vt. 2007); State v. Post, 733 N.W.2d 634, 641 (Wis. 2007).

11
State v. Prattgreen
vt · 2007 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v. Johnston, 440 P.3d 1223, 1226 (Colo. App. 2018); State v. Otto, 566 N.W.2d 509, 511 (Iowa 1997) (per curiam); State v. Pratt, 932 A.2d 1039, 1041-42 (Vt. 2007); State v. Post, 733 N.W.2d 634, 641 (Wis. 2007).

11
Boyd v. Commonwealthgreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 2002–2002
2 sentences

2002Illinois v. Gates, 462 U.S. 213, 230, 233 (1983); Boyd v. Commonwealth, 12 Va. App. 179, 186 , 402 S.E.2d 914, 918 (1991).

2002Illinois v. Gates, 462 U.S. 213, 230, 233 (1983); Boyd v. Commonwealth, 12 Va. App. 179, 186 , 402 S.E.2d 914, 918 (1991).

11
Lansdown v. Commonwealthgreen
va · 1983 · cited in 1 Virginia opinions naming this issue, 1993–1993
2 sentences

1993The majority, applying the totality of circumstances test that we approved in Lansdown v. Commonwealth, 226 Va. 204, 209 , 308 S.E.2d 106, 110 (1983), states: The totality of the circumstances we consider here ... included a traffic stop in a high-crime area; similar traffic stops two days earlier in the same neighborhood in which weapons were discovered in a car; Bethea's actions immediately prior to the stop; Warren's 22 years of experience and his statements that Bethea's actions "startled" and "scared" him; and Warren's concern that Bethea might have weapons in the car.

1993The majority, applying the totality of circumstances test that we approved in Lansdown v. Commonwealth, 226 Va. 204, 209 , 308 S.E.2d 106, 110 (1983), states: The totality of the circumstances we consider here ... included a traffic stop in a high-crime area; similar traffic stops two days earlier in the same neighborhood in which weapons were discovered in a car; Bethea's actions immediately prior to the stop; Warren's 22 years of experience and his statements that Bethea's actions "startled" and "scared" him; and Warren's concern that Bethea might have weapons in the car.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Freeman v. Commonwealth green
vactapp · 1995
2 sentences

2026Those circumstances “includ[e] the officer’s knowledge, training, and experience.” Id. at 237 (quoting Freeman, 20 Va. App. at 661 ). -6- Our sister states have likewise rejected a bright-line rule as inconsistent with the totality- of-circumstances test.

2026Those circumstances “includ[e] the officer’s knowledge, training, and experience.” Id. at 237 (quoting Freeman, 20 Va. App. at 661 ). -6- Our sister states have likewise rejected a bright-line rule as inconsistent with the totality- of-circumstances test.

12026–2026
Wass v. Commonwealth green
vactapp · 1987
1 sentence

1998Wass v. Commonwealth, 5 Va. App. 27 (1987).

11998–1998
Murphy v. Commonwealth green
vactapp · 1989
1 sentence

1998Therefore, in applying the totality of circumstances test, a court must “view those facts objectively through the eyes of a reasonable police officer with the knowledge, training, and experience of the investigating officer.” Id.

11998–1998
United States v. Dennis L. Taxacher green
ca11 · 1990
2 sentences

1996As the Court of Appeals for the Eleventh Circuit stated in Taxacher, the totality of circumstances standard for evaluating an officer's reasonableness in relying on a warrant "comports with the language used in Leon , ... and is also consistent with the purposes underlying the exclusionary rule and the good faith exception." 902 F.2d at 872 .

1996As the Court of Appeals for the Eleventh Circuit stated in Taxacher , the totality of circumstances standard for evaluating an officer’s reasonableness in relying on a warrant “comports with the language used in Leon , ... and is also consistent with the purposes underlying the exclusionary rule and the good faith exception.” 902 F.2d at 872 .

11996–1996

Where else courts name it

PA 87 (1969–2026) TX 44 (1983–2025) NJ 38 (1983–2026) OH 33 (1984–2025) IL 28 (1968–2026) NC 23 (1980–2017) CA 20 (1985–2024) CT 19 (1986–2024) LA 18 (1979–2016) KS 18 (1975–2026) AL 16 (1967–2015) FL 16 (1983–2012) WI 15 (1988–2021) CO 15 (1982–2025) SC 14 (1993–2025) NM 13 (1995–2021) WA 12 (1980–2026) MS 12 (1990–2015) GA 12 (1985–2013) MD 12 (1984–2025) MI 11 (1966–2025) UT 9 (1992–2024) MO 9 (1967–2005) SD 9 (1983–2007) RI 8 (1984–2023) AZ 8 (1990–2024) MN 8 (1991–2015) NY 8 (1976–2024) VA 7 (1993–2026) HI 7 (1994–2024) TN 7 (1988–2013) ID 7 (1983–2025) DC 6 (1985–2026) IA 5 (1989–2023) DE 5 (1989–2025) VT 5 (1987–2016) IN 4 (1985–2012) MT 4 (1995–2016) NH 4 (1978–1997) WY 4 (1979–2014) WV 4 (1981–2023) KY 3 (2020–2020) MA 3 (1995–2024) ME 3 (2015–2020) OR 2 (1986–2021) AR 2 (1984–1997)

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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