totality of circumstances
Totality of circumstances is a method of analysis, or a test, in which a court or judge will consider balancing the circumstances and contributing factors of the situation rather than use a strict bright-line . Totality of the circumstances is much more flexible than a bright-line rule and can result in conflicting outcomes between cases in which the surrounding circumstances differ.
In criminal procedure , the totality of circumstances test is used to determine probable cause in order to justify an arrest or search. This is necessary because the Fourth Amendment protects a citizen from unreasonable search and seizure , so a search or arrest must be reasonable to be Constitutional, and reasonability is determined by the totality of the circumstances.
- For example, in Illinois v Gates , the Judge evaluated information/evidence gathered from an informant’s tips and independent police work from the DEA when considering the totality of circumstances that justified a reasonable search.
The totality of circumstances test can be used in a multitude of legal questions, not just criminal cases.
[Last reviewed in June of 2024 by the Wex Definitions Team ]
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