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 updated in June of 2024 by the Wex Definitions Team]
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