totality-of-the-circumstances probable cause analysis (Virginia) · Go Syfert
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totality-of-the-circumstances probable cause analysis in Virginia

7 Virginia opinions name it 1 courts 2000–2011 0 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 (3)

CaseFollowedCited
Illinois v. Gatesgreen
scotus · 1983 · cited in 4 Virginia opinions naming this issue, 2000–2006
2 sentences

2006Illinois v. Gates, 462 U.S. 213, 230, 233 , 103 S. Ct. 2317, 2328, 2329 , 76 L.

2006Illinois v. Gates, 462 U.S. 213, 230, 233 , 103 S. Ct. 2317, 2328, 2329 , 76 L.

44
Russell v. Commonwealthgreen
vactapp · 2000 · cited in 3 Virginia opinions naming this issue, 2001–2011
2 sentences

2011“When the factual basis for probable cause is provided by an informer, the informer’s (1) veracity, (2) reliability, and (3) basis of knowledge are ‘highly relevant’ factors in the overall totality-of-the-circumstances probable cause analysis.” Russell v. Commonwealth, 33 Va. App. 604, 610 , 535 S.E.2d 699, 702 (2000). “[I]f the informer is a disinterested citizen who is either a victim of or eyewitness to, a crime, police properly may give more weight to the informer’s information than they would to information from a ‘criminal’ informer, whose motives are less likely to be pure.” Reed v. Com

2011“When the factual basis for probable cause is provided by an informer, the informer’s (1) veracity, (2) reliability, and (3) basis of knowledge are ‘highly relevant’ factors in the overall totality-of-the-circumstances probable cause analysis.” Russell v. Commonwealth, 33 Va. App. 604, 610 , 535 S.E.2d 699, 702 (2000). “[I]f the informer is a disinterested citizen who is either a victim of or eyewitness to, a crime, police properly may give more weight to the informer’s information than they would to information from a ‘criminal’ informer, whose motives are less likely to be pure.” Reed v. Com

33
Reed v. Commonwealthgreen
vactapp · 2001 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011“When the factual basis for probable cause is provided by an informer, the informer’s (1) veracity, (2) reliability, and (3) basis of knowledge are ‘highly relevant’ factors in the overall totality-of-the-circumstances probable cause analysis.” Russell v. Commonwealth, 33 Va. App. 604, 610 , 535 S.E.2d 699, 702 (2000). “[I]f the informer is a disinterested citizen who is either a victim of or eyewitness to, a crime, police properly may give more weight to the informer’s information than they would to information from a ‘criminal’ informer, whose motives are less likely to be pure.” Reed v. Com

2011“When the factual basis for probable cause is provided by an informer, the informer’s (1) veracity, (2) reliability, and (3) basis of knowledge are ‘highly relevant’ factors in the overall totality-of-the-circumstances probable cause analysis.” Russell v. Commonwealth, 33 Va. App. 604, 610 , 535 S.E.2d 699, 702 (2000). “[I]f the informer is a disinterested citizen who is either a victim of or eyewitness to, a crime, police properly may give more weight to the informer’s information than they would to information from a ‘criminal’ informer, whose motives are less likely to be pure.” Reed v. Com

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 (1)

CaseCitedYears
Taylor v. Commonwealth green
vactapp · 1990
1 sentence

2001Viewing the "totality-of-the-circumstances," we find that the officer had probable cause to arrest appellant. "'[P]robable cause is measured against an objective standard.'" Taylor v. Commonwealth, 10 Va. App. 260, 266 , 391 - 5 - S.E.2d 592, 595-96 (1990) (citations omitted).

12001–2001

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (6) VA § Va. Code Ann. § 18.2-248 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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