LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
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  - Maine v. Moulton
- Critical Stages - Lineups
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  - Gilbert v. California
- Critical Stages - Questioning
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  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
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  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
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  - Walter v. United States
  - United States v. Jacobsen
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The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
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  - Steagald v. United States
- Generally
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The Fifth Amendment
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  - Harris v. New York
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Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
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- With Particularity
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- Consent
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  - United States v. Flores-Montano
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- Inspections - Vehicles
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  - United States v. Chadwick
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  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
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Other Cases
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- Fruit of the Poisonus Tree
- Origins

Establishing P.C. in Affidavit

Spinelli v. United States

Facts

The FBI tracked the defendant, a known bookie and gambler, for five days. The agents saw him drive from East St. Louis into St. Louis and park in an apartment house lot. They observed him enter a particular apartment in that building. The apartment that the defendant entered had two telephone lines. A confidential informant told the agents that the two phone lines were being used for a gambling operation. However, the informant did not personally observe the defendant at work as a bookmaker, nor had the informant ever place any bets with the defendant. The informant came by his information indirectly, and did not explain why his sources were reliable. The agents obtained a search warrant.

Issue

Whether the agents established probable cause to search the defendant’s apartment?

Held

No. The agents were not able to establish the reliability of their information.

Discussion

An informant’s tip must be measured against Aguilar’s standards so that its probative
value can be assessed. If the tip is found inadequate under Aguilar, then the other
allegations that corroborate the information contained in the report should be
considered. In this case, all the government could show was that the defendant entered
an apartment that contained two telephone lines, had knowledge that he may be a
bookmaker and gambler, and had an unconfirmed statement that the phone lines were
being used for a gambling operation. This did not establish probable cause for the
issuance of a search warrant.

NOTE: This led to the creation of the Aguilar- Spinelli rule. This is a two-pronged test
that courts use to determine the trustworthiness of information derived from
anonymous sources in the search for probable cause.

Citation

393 U.S. 410, 89 S. Ct. 584 (1969)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege