Lance and Susan gates were convicted for possession of marijuana after police searched their car and home while executing a search warrant
Trial court held the affidavit submitted in support of the state’s application for a warrant to search was inadequate
An anonymous letter was sent to the police saying that gates were involved in large drug trafficking operation. The letter said they would get a flight and how they transport drugs. After watching, police officer Mader submitted an affidavit with the letter and all of the facts. They busted and found 350 pounds of weed
They found out that he had a reservation on the specific flight
The trial court failed to find probable cause for the warrant and the letter standing alone is not probable cause for a magistrate to issue a warrant
Spinelli two-prong test
Letter must have a basis of knowledge
Letter must have veracity or be reliable
It shouldn’t be a one size fits all rule
The 4th am. requires no more than the magistrate having a substantial basis for concluding that a search would uncover wrong doing so that is a better standard
This is a better standard than the 2-prong test
An affidavit must provide magistrate substantial basis for the existence of probable cause
Corroboration of evidence along with the informant’s hearsay is important
Because of the specifics in the letter along with the corroboration of evidence that the police found out- the magistrate had probable cause to issue the warrant
Draper: the informant’s information was much less precise and more innocent behavior than Gate’s behavior
Draper had given reliable information in the past unlike the anonymous letter where we do not know if it is reliable
Why they abandon the 2-prong test
DISSENT: the problem is that it didn’t happen the way that the letter described
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