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Spinelli Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 27, 1969
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Spinelli v. UnitedSearch
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States - 393 U.S. 410 (1969) U.S. Supreme Court Spinelli v. UnitedSearch
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States, 393 U.S. 410 (1969) Spinelli v. UnitedSearch
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Viewing the information in the affidavit in its totality, the Court of Appeals deemed the principles of Aguilar v. TexasSearch
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to enable the Commissioner to know that he was relying on more than casual rumor or general reputation. Cf. Draper v. UnitedSearch
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and dissenting en banc opinions reflect a most conscientious effort to apply the principles we announced in Aguilar v. TexasSearch
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unilluminating assertion of suspicion that is entitled to no weight in appraising the magistrate's decision. Nathanson v. UnitedSearch
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magistrate is obligated to render a judgment based upon a common sense reading of the entire affidavit. United States v. VentrescaSearch
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Johnson v. UnitedSearch
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if the informant came by the information indirectly, he did not explain why his sources were reliable. Cf. Jaben v. UnitedSearch
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an accusation based merely on an individual's general reputation. The detail provided by the informant in Draper v. UnitedSearch
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a situation in which the premises contain an unusual number of telephones or abnormal activity is observed, cf. McCray v. IllinoisSearch
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the probability, and not a prima facie showing, of criminal activity is the standard of probable cause, Beck v. OhioSearch
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cause are tested by much less rigorous standards than those governing the admissibility of evidence at trial, McCray v. IllinoisSearch
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are not to be confined by niggardly limitations or by restrictions on the use of their common sense, United States v. VentrescaSearch
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and that their determination of probable cause should be paid great deference by reviewing courts, Jones v. UnitedSearch
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the search commenced. Since petitioner would plainly have standing if he had been arrested inside the apartment, Jones v. UnitedSearch
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probable cause established, the showing made was much more substantial than the one made here. Thus, in United States v. VentrescaSearch
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Again, in McCray v. IllinoisSearch
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him to be an experienced, intelligent officer who has been reliable in the past. This much was settled in Nathanson v. UnitedSearch
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sought. The unsupported assertion or belief of the officer does not satisfy the requirement of probable cause. Jones v. UnitedSearch
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Grau v. UnitedSearch
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Byars v. UnitedSearch
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the magistrate, not the Page 393 U. S. 424 officer, who is to judge the existence of probable cause. Aguilar v. TexasSearch
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Giordenello v. UnitedSearch
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has often furnished reliable information in the past. This attests to the honesty of the informant, but Aguilar v. TexasSearch
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the facts, there is probable cause for the issuance of a warrant. So too, in the special circumstances of Draper v. UnitedSearch
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produce an equally divided Court. MR. JUSTICE BLACK, dissenting. In my view, this Court's decision in Aguilar v. TexasSearch
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from the principles of our former cases. Less than four years ago, we reaffirmed these principles in United States v. VentrescaSearch
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Husty v. UnitedSearch
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away at the ever narrowing area of effective police operation. I believe the holdings in Aguilar, and Rugendorf v. UnitedSearch
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in this case took a sensible view of the Fourth Amendment, and I would wholeheartedly affirm its decision. Mapp v. OhioSearch
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U. S. 643 , decided in 1961, held for the first time that the Fourth Amendment and the exclusionary rule of Weeks v. UnitedSearch
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liberty and dignity of citizens against arbitrary state power. As Justice Jackson (dissenting) stated in Brinegar v. UnitedSearch
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magistrate's judgment in the preservation of a proper balance between individual freedom and state power. See Trupiano v. UnitedSearch
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as to show his use of that apartment and to indicate that he frequented the apartment on a regular basis. Aguilar v. TexasSearch
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U. S. 25 , 338 U. S. 28 (1949). See United States v. RabinowitzSearch
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See Johnson v. UnitedSearch
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See Jones v. UnitedSearch
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Jones v. UnitedSearch
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U.S. Supreme Court Spinelli v. UnitedSearch
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of Aguilar v. TexasSearch
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Cf. Draper v. UnitedSearch
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Nathanson v. UnitedSearch
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Cf. Jaben v. UnitedSearch
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Draper v. UnitedSearch
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