Due Process #8

Probable Cause

2 types of situations for probable cause?

• Police apply for an arrest/search warrant → must be based on probable cause

• When there is not a warrant, and police conduct a search/arrest → must have probable cause before they do so

Aguilar v. TX facts?

• 2 police officers fill out affidavit:

  • viable info from confidential informant

    • did not say how info was received and what it is

• Warrant approved, and search executed to which they knocked on the door and announced, then heard something inside and broke in 

• Found Aguilar destroying evidence

• convicted

Aguilar v. TX issue?

Did the type of affidavit written rise to probable cause?

Aguilar v. TX holding?

In favor of Aguilar

Aguilar v. TX reasoning?

• Affidavit did not rise to probable cause

• Did not provide sufficient probable cause

• Blanket assertion warrant w/o more info is not probable cause 

• Was not given unidentified confidential informant identity + no information 

• Would have to give more detail to rise to level of PC

What came out of the Aguilar case?

• 2 part test to determine PC (is an AND test; need both

  • Basis of knowledge (underlying facts and circumstances showing how the informant knows the information) AND credibility, veracity, and reliability (has the information been used before? Has the information been correct? Their batting average)

Draper v. US facts?

• federal agent worked w/ confidential informant, worked with him before, and info given in past was true/credible

• Gave info about Gates and his drug game and how he will be on a train with the drugs

• Gave description of what he looks like and other specifics

• Police find him, search, convicted 

Draper v. US holding?

In favor of US

Draper v. US reasoning?

• lots of probable cause in this case

• tells all the information that is included for the AND Aguilar test

Spinelli v. US facts?

• Spinelli traveling → St. Lous gambling

• Warrant issued, affidavit included:

  • Surveillance of Spinelli

  • 2 phones registered

  • “Reputation” of being a bookkeeper

  • Received reliable info from CI that Spinelli is a bookkeeper

• Spinelli challenged warrant/search

Spinelli v. US holding?

In favor of Spinelli

Spinelli v. US reasoning?

• 2 part test is better to check for PC

  • Basis of knowledge → none of it was illegal 

  • Credibility → do not know info or person who provided it; no information

• Under Aguilar, this fails

  • Self verifying detail

Basis of Knowledge and Credibility, Veracity, and Reliability

• Underlying facts and circumstances showing how the informant knows the information

• AND credibility, veracity, and reliability; has informant been used before? Has informant been correct?

Self Verifying Detail

• If there is a deficiency in either basis of knowledge or credibility (etc.), the laws says to check the remainder of the affidavit; is the info so specific that only somebody that knew the person would know, therefore quotes self verify → PC

What was added to the Aguilar - Spinelli Test?

Spinelli adds self verifying detail to Aguilar test

IL v. Gates facts?

• Police receive anonymous letter that is pretty detailed about a couple moving drugs and specifically how they do it

• Police then pursue the case, arrest the couple, and find drugs

IL v. Gates holding?

In favor of IL

IL v. Gates reasoning?

• The 2 part test is too strictly applied for PC

• Overrules the Aguilar test and adopts totality-of-the-circumstances

• PC is a fluid concept, need fluid way to test it exsists

• have to look at everything

Totality-of-the-circumstances

• No single fact has to show PC, it’s about overall picture

• Even if one fact is weak → can still be PC

What rules does MA use?

Still uses Aguilar-Spinelli because state constitutions provide more rights