Sunday, January 13, 2019

Illinois v. Gates case brief

    1. Illinois v. Gates case brief summary

      1. Lance and Susan gates were convicted for possession of marijuana after police searched their car and home while executing a search warrant
      2. Trial court held the affidavit submitted in support of the state’s application for a warrant to search was inadequate
      3. 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
        1. They found out that he had a reservation on the specific flight
      4. 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
      5. Spinelli two-prong test
        1. Letter must have a basis of knowledge
        2. Letter must have veracity or be reliable
        3. It shouldn’t be a one size fits all rule
      6. 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
        1. This is a better standard than the 2-prong test

        2. An affidavit must provide magistrate substantial basis for the existence of probable cause
        3. Corroboration of evidence along with the informant’s hearsay is important
      7. 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
        1. Draper: the informant’s information was much less precise and more innocent behavior than Gate’s behavior
          1. Draper had given reliable information in the past unlike the anonymous letter where we do not know if it is reliable
          2. Why they abandon the 2-prong test
      8. DISSENT: the problem is that it didn’t happen the way that the letter described
    1. Probative
      1. 1- Brinegar
      2. 2- Draper
      3. 3- Gates
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