Aguilar–Spinelli test
In United States law, the Aguilar–Spinelli test was a judicial guideline set down by the Supreme Court of [the United States|U.S. Supreme Court] for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip. The Supreme Court abandoned the Aguilar–''Spinelli test in Illinois v. Gates, 462 U.S. 213, in favor of a rule that evaluates the reliability of the information under the "totality of the circumstances." However, Alaska, Hawaii, Massachusetts, New York, Vermont, Oregon, and Washington have retained the Aguilar–Spinelli'' test, based on their own state constitutions.
The two aspects of the test are that, when law enforcement seeks a search warrant and a magistrate signs a warrant:
- The magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible.
- The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information.
When a warrantless arrest occurs based on information provided by a confidential informant or anonymous source, for the arrest to be lawful, the police must establish that the information relied on in making the arrest meets the same two basic elements described above.
At a post arraignment hearing the police must:
- demonstrate facts that show their informant is reliable and credible, and
- establish some of the underlying circumstances relied upon by the person providing the information.
Background
According to the Fourth Amendment to [the United States Constitution|Fourth Amendment] to the U.S. Constitution:Historically in the United States, if the police made an illegal search and seizure of evidence, the evidence, once obtained, could often be used against a defendant in a criminal trial regardless of its illegality.
By a unanimous decision in the case of Weeks v. United States, 232 U.S. 383, the Supreme Court adopted the "exclusionary rule". This rule declared that, in most circumstances, evidence obtained through an illegal search and seizure could not be used as admissible evidence in a criminal trial.
Subsequently, the defense in many criminal trials attempted to prove that a search warrant was invalid, thus making the search illegal and hence the evidence obtained through the search inadmissible in the trial. However, there were no hard guidelines defining the legality of a search warrant and it could be difficult for a judge to decide upon a warrant’s validity.
In order to obtain a search warrant in the United States, a law officer must appear before a judge or magistrate and swear or affirm that they have probable cause to believe that a crime has been committed. The officer is required to present their evidence and an affidavit to a magistrate, setting forth the evidence. "An affidavit must provide the magistrate with a substantial basis for determining the existence of probable cause." In other words, the law officer must present evidence, not merely their conclusions. "Sufficient information must be presented to the magistrate to allow that official to determine probable cause; his action cannot be a mere ratification of the bare conclusions of others."
In Fourth Amendment case)|Johnson v. United States], 333 U.S. 10, the Court said:
Development of the two-pronged test
In Aguilar v. Texas, 378 U.S. 108, the Court said:In Spinelli v. United States, 393 U.S. 410, the Court went further by requiring that a magistrate must be informed of the "underlying circumstances from which the informant had concluded" that a crime had been committed.