NCJ Number
97031
Journal
John Marshall Law Review Volume: 17 Issue: 2 Dated: (Spring 1984) Pages: 335-377
Date Published
1984
Length
43 pages
Annotation
The evolution of hearsay information as a basis for probable cause to issue a search warrant is explored, and Illinois v. Gates is discussed with reference to prior law.
Abstract
In Illinois v. Gates, the U.S. Supreme Court abandoned the two-prong test of Aguilar v. Texas and Spinelli V. United States as the sole criterion for determining whether information received from an anonymous tipster amounted to probable cause to issue a search warrant. In lieu of this so-called rigid approach, the Court adopted a 'totality-of-the-circumstances' analysis. In so doing, the Court retained the Aguilar-Spinelli factors as relevant considerations in assessing the viability of an affidavit in support of a search warrant, but it failed to supply any further guidance as to what constitutes probable cause in anonymous tip cases. The Court's decision in Gates is subject to substantial criticism, especially with regard to the Court's reliance on Draper as controlling law. The new 'totality-of-the-circumstances' test, with its inherent vagaries, promises at the very least to confuse the lower courts, magistrates, and law enforcement personnel. Most disturbing is the potential for police abuse of fourth amendment rights, because the Gates approach is both unclear and less demanding than the abandoned Aguilar-Spinelli standard. The future of the 'good-faith' exception to the exclusionary rule awaits the proper vehicle for decision. A recent survey indicates a growing trend in favor of such an exception. (Author summary modified.)