Aguilar–Spinelli test

E522191

The Aguilar–Spinelli test is a former U.S. legal standard that strictly governed when hearsay information from informants could establish probable cause for search warrants, requiring proof of both the informant’s basis of knowledge and veracity.

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Statements (49)

Predicate Object
instanceOf Fourth Amendment doctrine
legal standard
probable cause test
aimsTo prevent issuance of warrants on uncorroborated or unreliable hearsay
appliesTo anonymous tips
confidential informants
hearsay information from informants
probable cause determinations
search warrant applications
basedOn Fourth Amendment to the United States Constitution NERFINISHED
category United States Supreme Court doctrine NERFINISHED
evidence law standard
characterizedAs strict standard for informant-based probable cause
clarifiedInCase Spinelli v. United States NERFINISHED
concerns sufficiency of warrant affidavits
use of hearsay in establishing probable cause
contrastedWith more flexible totality-of-the-circumstances test
governs use of informant tips to establish probable cause
hasComponent basis of knowledge prong
reliability prong
veracity prong
influenced state constitutional jurisprudence on search and seizure
jurisdiction United States of America
surface form: United States
legalDomain constitutional law
criminal procedure
legalEffect could invalidate warrants based on inadequate informant information
modifiedBy Illinois v. Gates (1983) NERFINISHED
namedAfter Aguilar v. Texas NERFINISHED
Spinelli v. United States NERFINISHED
originatedInCase Aguilar v. Texas NERFINISHED
originatedInCourt Supreme Court of the United States NERFINISHED
relatedTo Illinois v. Gates totality-of-the-circumstances approach NERFINISHED
probable cause requirement
search and seizure law
replacedBy Illinois v. Gates totality-of-the-circumstances test NERFINISHED
requires showing of informant’s basis of knowledge
showing of informant’s veracity
two-pronged analysis
requiresShowing how the informant obtained the information
reasons to believe the informant is credible
reasons to believe the informant’s information is reliable
standardType two-prong test
status former federal constitutional standard
stillUsedIn some state courts
timePeriod applied in federal courts primarily from 1960s to 1983
usedBy courts reviewing validity of warrants
magistrates reviewing warrant applications
usedFor determining sufficiency of informant tips
evaluating affidavits based on confidential informants

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Illinois v. Gates overruledDoctrine Aguilar–Spinelli test