narcotics were where he claimed they were. 367 It imports a seizure made under circumstances which warrant suspicion."
A tremendous burden is also placed on the state and federal judicial systems.
401 Id., at 13-14, 68 S.Ct., at 368-369 (footnote omitted). -653 (1979); Zacchini v. Scripps-Howard Broadcasting Co., 4, 6, 70 L.Ed. We explained in Draper that, by this point in his investigation, the arresting officer "had personally verified every facet of the information given him by Hereford except whether petitioner had accomplished his mission and had the three ounces of heroin on his person or in his bag. But accepting that the rule deters some police misconduct, it is apparent as a matter of logic that there is little if any deterrence when the rule is invoked to suppress evidence obtained by a police officer acting in the reasonable belief that his conduct did not violate the Fourth Amendment. For example, the "self-verifying detail" of a tip may satisfy the "basis of knowledge" requirement, although not the "credibility" spur of the "veracity" prong. The Court held that hearsay information can support the issuance of a warrant "so long as a substantial basis for crediting the hearsay is presented." . [ U.S. 42, 52 Spinelli, 393 U.S., at 424, 89 S.Ct., at 593 (WHITE, J., concurring).
The Illinois Supreme Court thought that the verification of details contained in the anonymous letter in this case amounted only to "the corroboration of innocent activity," J.A. U.S. 213, 280] As shown above, it is not at all necessary to overrule Aguilar-Spinelli in order to reverse the judgment below. 2579, 73 L.Ed.2d 202 (1982). .
that findings of probable cause, and attendant intrusions, are based on information provided by an honest or credible person who has acquired the information in a reliable way. . See ante, at 236; Brown v. Illinois, U.S. 213, 263]
U.S. 213, 272] U.S. 223
of a sworn and known and trusted police-affiant.". I am reluctant to approve any standard that does not expressly require, as a prerequisite to issuance of a warrant, some showing of facts from which an inference may be drawn that the informant is credible and that his information was obtained in a reliable way. 16-3-308 (Supp.
218, 423 N.E.2d 887 (1981), reversed. The agent later reported to Mader that Gates had boarded the flight, and that federal agents in Florida had observed him arrive in West Palm Beach and take a taxi to the nearby Holiday Inn. See Shadwick v. City of Tampa, 407 U.S. 345, 348-350, 92 S.Ct. In support of this proposition the Court relies on several cases that purportedly reflect this approach, ante, at 230-231, n. 6,232-233 n. 7, and on the "practical, nontechnical," ante, at 231, nature of probable cause. (1969). Footnote 3 358 We went on to say that even in making a warrantless arrest an officer "may rely upon information received through an informant, rather than upon his direct observations, so long as the informant's statement is reasonably corroborated by other matters within the officer's knowledge."
. ; by Robert L. Toms, Evelle J. Indeed, the present indiscriminate application of the exclusionary rule may hinder the educative and deterrent function of the suppression remedy. rule when it is plainly evident that a magistrate or judge had no business issuing a warrant. .
However, under our opinion magistrates remain perfectly free to exact such assurances as they deem necessary, as well as those required by this opinion, in making probable cause determinations. [462 We must be ever mindful of Justice Stewart's admonition in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct.
U.S. 714, 719 290 Moreover, the Aguilar and Spinelli tests are not inconsistent with deference to magistrates' determinations of probable cause. "[S]ending state and federal courts on an expedition into the minds of police officers would produce a grave and fruitless misallocation of judicial resources." Id., at 455, 91 S.Ct., at 2032 (plurality opinion). Brinegar, supra, 338 U.S., at 173, 69 S.Ct., at 1309. ] The tip in Draper might well not have survived the rigid application of the "two-pronged test" that developed following Spinelli. 2627, 61 L.Ed.2d 343 (1979).12 Cf. [462 422
If evidence is suppressed only when a law enforcement officer should have known that he was violating the Fourth Amendment, police departments may look more seriously at the officer's misconduct when suppression is invoked. (1928)). U.S. 213, 235] The deterrent value of the exclusionary sanction is most effective when officers engage in searches and seizures under circumstances "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable." Similarly, we have exercised discretion at times in deciding the merits of a claim even though the error was harmless, while on other occasions resolving the case solely by reliance on the harmless-error doctrine. Florida v. Royer,
In this chapter we explore five additional limitations that often arise when federal courts—and sometimes state courts—are asked to review the constitutionality of state laws.
Ante, at 230-231 (footnote omitted). 1509, 12 L.Ed.2d 723 (1964), merely made explicit what was implicit in Jones. In addition to being a popular vacation site, Florida is well known as a source of narcotics and other illegal drugs. Until today, we have not required more. U.S., at 36 [ 413 -435, demands that those courts be given an opportunity to consider the constitutionality of the actions of state officials," ante, at 221. -498 (1958); Giordenello v. United States, [462 The strictures that inevitably accompany the "two-pronged test" cannot avoid seriously impeding the task of law enforcement, see, e. g., n. 9, supra.
The "basis of knowledge" prong is satisfied by a statement from the informant that he personally observed the criminal activity, or, if he came by the information indirectly, by a satisfactory explanation of why his sources were reliable, or, in the absence of a statement detailing the manner in which the information was gathered, by a description of the accused's criminal activity in sufficient detail that the magistrate may infer that the informant is relying on something more substantial than casual rumor or an individual's general reputation. 2022, 2029-2030, 29 L.Ed.2d 564 (1971); Whiteley v. Warden, 401 U.S. 560, 565, n. 8, 91 S.Ct. 929, from the Judiciary Act of 1789, 25, 1 Stat. (1967). The possibility that it might have relied upon the state exclusionary rule had the "good-faith" question been posed does not constitute independent and adequate state grounds.
290 Opponents of the proposed "reasonable belief" exception suggest that such a modification would allow magistrates and judges to flout the probable-cause requirements in issuing warrants. Ante, at 220. .
The discrepancy between the informant's predictions and the facts known to Detective Mader is significant for three reasons. All rights reserved.
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