Aguilar v. Texas case brief summary
378 U.S. 108 (1964)
Certiorari was granted to the Court of
Criminal Appeals of Texas, which affirmed defendant's conviction for
illegal possession of a drug and held that the evidence obtained as a
result of the search of defendant's house was properly admitted.
CASE FACTS Defendant's home was searched for
narcotics after two police officers obtained a search warrant from a
justice of the peace. The warrant was issued based on the officers'
affidavit, which stated that they had received reliable information
from a credible person that narcotics could be found in defendant's
home. The appellate court affirmed defendant's conviction for illegal
possession of a drug, holding that the evidence obtained as a result
of the search was properly admitted as evidence.
The U.S. Supreme
Court reversed the judgment and remanded the case.
The Court held
that the search violated U.S. Constitutional Amendment
IV because the affidavit did not provide any basis for the
determination that probable cause existed.
The complaint contained no
affirmative allegation that the affiant or the affiant's unidentified
source spoke with personal knowledge of the matters contained
Additionally, the affidavit did not indicate any sources for
the affiant's belief and did not set forth any other sufficient basis
upon which a finding of probable cause could be made.
The Court reversed the judgment that affirmed defendant's
conviction for illegal possession of a drug where the search warrant
for defendant's home should not have been issued. The affidavit did
not provide a sufficient basis for a finding of probable cause, and,
thus, the evidence obtained as a result of the search warrant was
inadmissible in defendant's trial. Suggested law school study materials
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