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Aguilar Vs. Texas
Cites for this judgment
- US Supreme Court
- Jun 15, 1964
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U.S. 108 (1964) U.S. Supreme Court Aguilar v. TexasSearch
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U.S. 108 (1964) Aguilar v. TexasSearch
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of reasonableness for obtaining a search warrant is the same under the Fourth and the Fourteenth Amendments. Ker v. CaliforniaSearch
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that the informant, whose identity was not disclosed, was creditable or his information reliable. Giordenello v. UnitedSearch
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We granted a writ of certiorari to consider the important constitutional questions involved. 375 U.S. 812. In Ker v. CaliforniaSearch
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Johnson v. UnitedSearch
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Jones v. UnitedSearch
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function, and not serve merely as a rubber stamp for the police. Page 378 U. S. 112 In Nathanson v. UnitedSearch
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Id. at 290 U. S. 47 . (Emphasis added.) The Court in Giordenello v. UnitedSearch
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instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.' Johnson v. UnitedSearch
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may be based on hearsay information, and need not reflect the direct personal observations of the affiant, Jones v. UnitedSearch
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circumstances from which the officer concluded that the informant, whose identity need not be disclosed, see Rugendorf v. UnitedSearch
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Giordenello v. UnitedSearch
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a warrant, the reviewing court may consider only information brought to the magistrate's attention. Giordenello v. UnitedSearch
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was found not guilty by the jury. His codefendants were found guilty, and their convictions affirmed on appeal. Garcia v. UnitedSearch
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in Giordenello derived, therefore, from the Fourth Amendment, and not from our supervisory power. Compare Jencks v. UnitedSearch
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States, 353 U. S. 657 . Accordingly, under Ker v. CaliforniaSearch
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Such an affidavit was sustained by this Court in Jones v. UnitedSearch
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Id. at 362 U. S. 267 -268, n. 2. Compare, e.g., Hernandez v. PeopleSearch
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P.2d at 999. MR. JUSTICE HARLAN, concurring. But for Ker v. CaliforniaSearch
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CLARK in the present case ( post, p. 378 U. S. 118 , note 1), the standards laid down in Giordenello v. UnitedSearch
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and sets aside the conviction on the basis of two cases, neither of which is controlling. First is Nathanson v. UnitedSearch
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supplied.) Nathanson is, therefore, not apposite. The second case the Court relies on is Giordenello v. UnitedSearch
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As we said in Ker v. CaliforniaSearch
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within the meaning of the Fourth Amendment, as that Amendment was interpreted by this Court in Draper v. UnitedSearch
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entirely in error. Brinegar v. UnitedSearch
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At 358 U. S. 311 . In the following year, this was reaffirmed in Jones v. UnitedSearch
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Page 378 U. S. 120 Furthermore, in the case of Rugendorf v. UnitedSearch
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Furthermore, the Courts of Appeals have often approved affidavits similar to the one here. See, e.g., United States v. EisnerSearch
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Evans v. UnitedSearch
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and United States v. MeeksSearch
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as Chief Justice Marshall said in Locke v. UnitedSearch
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States, 7 Cranch 339, 11 U. S. 348 (1813). As Chief Justice Taft said in Carroll v. UnitedSearch
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an offense has been or is being committed. And as Mr. Justice Rutledge so well stated in Brinegar v. UnitedSearch
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U.S. Supreme Court Aguilar v. TexasSearch
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the Fourth and the Fourteenth Amendments. Ker v. CaliforniaSearch
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In Ker v. CaliforniaSearch
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In Nathanson v. UnitedSearch
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Rugendorf v. UnitedSearch
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Garcia v. UnitedSearch
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Compare Jencks v. UnitedSearch
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Ker v. CaliforniaSearch
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Hernandez v. PeopleSearch
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Nathanson v. UnitedSearch
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Draper v. UnitedSearch
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Brinegar v. UnitedSearch
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of Rugendorf v. UnitedSearch
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