Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

M.D. Fla.: SW was issued without PC but good faith exception saved it

By John Wesley Hall, Jr.

SD discusses how Aguilar-Spinelli is no longer the law under Gates, and it finds in this case that corroboration of innocent details can establish the veracity of the informant's tale. State v. Gilmore, 2009 SD 11, 2009 S.D. LEXIS 11 (February 25, 2009): [*P24] In Raveydts, we borrowed language from Gates in identifying two elements crucial to the probable cause inquiry when an informant's tip was involved. 2004 SD 134, P 11, 691 NW2d at 295. "First, an 'explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles [the informant's] tip to greater weight than might otherwise be the case.'" Id. (quoting Gates, 462 US at 234, 103 SCt at 2330). "Second, the extent to which the tip is corroborated by the officer's own investigation is important...continue to full post

Full post as published by Fourth Amendment on March 06, 2009 (boomark / email).