Aguilar v. Texas

Aguilar v. Texas

Argued March 25–26, 1964
Decided June 15, 1964
Full case name Aguilar v. Texas
Citations

378 U.S. 108 (more)

84 S.Ct. 1509; 12 L.Ed.2d 723
Prior history Certiorari to the Court of Criminal Appeals of Texas
Holding
The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable.
Court membership
Chief Justice
Earl Warren
Case opinions
Majority Goldberg, joined by Warren, Douglas, Brennan, White
Concurrence Harlan
Dissent Clark, joined by Black, Stewart
Overruled by
Illinois v. Gates (1983)

Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that “[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was credible or his information reliable.” Along with Spinelli v. United States (1969), Aguilar established the Aguilar–Spinelli test, a judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip. The test developed in this case was subsequently rejected and replaced in Illinois v. Gates, 462 U.S. 213 (1983).

See also

Further reading

External links


This article is issued from Wikipedia - version of the 10/5/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.