probable cause

Aguilar v. TX

Just saying “receiving information from a credible person” is not enough for probable cause.

Aguilar v. TX facts

• Two officers write an affidavit: They received reliable information from a credible person.

• Clerk magistrates can approve warrants.

• Aguilar loses in lower court → convicted and sentenced.

Aguilar v. TX issue

Did the police have probable cause to issue the warrant?

Spinelli v. US

Need self-verifying details within the Aguilar test

Spinelli v. US facts

• The FBI received an informant tip that Spinelli was operating an illegal gambling operation. 

• The affidavit supporting the search warrant relied heavily on this tip, plus some police observations that Spinelli frequently crossed a bridge into Illinois and was known to associate with known gamblers. 

• Based on this, a warrant was issued and Spinelli was convicted.

Spinelli v. US issue

Did the search warrant lack probable cause because the informant’s tip was not sufficiently supported?

Aguilar-Spinelli test

1. Basis of knowledge

2. Credibility, reliability, and veracity

Need self verifying details

Draper v. US

The arrest was supported by probable cause due to excessive info (reliable tip and corroboration)

Draper v. US facts

• A federal narcotics agent received detailed information from a reliable informant that Draper would arrive in Denver on a specific train, on a specific day, wearing specific clothing, and carrying heroin. 

• The officer went to the station, observed Draper matching the description exactly, and arrested him. A search incident to arrest revealed heroin.

Draper v. US issue

Did the officer have probable cause to arrest Draper based on the informant’s tip and the officer’s corroboration?

IL v. Gates

Aguilar-spinelli test is too finite, need totality of circumstances test.

IL v. Gates facts

• Information cops received was an anonymous handwritten letter from a couple in town with how the drugs were transported with a date it was going to happen again.

• Finds out that Lance has a plane ticket to go to Florida → calls DEA and surveilles him.

• Cops run the plate and go back to a gas station they have back in IL → Obtain a warrant for car and house.

• They find 350 pounds of marijuana.

• State lost in the lower court.

• The author of the letter was Sue’s hairdresser.

IL v. Gates issue

Did the anonymous tip, combined with police corroboration, provide probable cause for a search warrant?