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United States Vs. Harris
Cites for this judgment
- US Supreme Court
- Jun 28, 1971
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U.S. 573 (1971) U.S. Supreme Court United States v. HarrisSearch
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U.S. 573 (1971) United States v. HarrisSearch
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go to another nearby outbuilding to obtain whiskey for other persons. The Court of Appeals relied on Aguilar v. TexasSearch
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in stressing that affiant had never alleged that the informant was truthful, but only prudent, and on Spinelli v. UnitedSearch
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The affidavit in this case, based on a tip similar to the one held sufficient in Jones v. UnitedSearch
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the informant's reliability and trustworthiness. 412 F.2d 796, 797 (1969). The Court of Appeals relied on Aguilar v. TexasSearch
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Having found the informant's tip inadequate under Aguilar, the Court of Appeals, relying on Spinelli v. UnitedSearch
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s prohibition of unreasonable searches and seizures, we would do well to heed the sound admonition of United States v. VentrescaSearch
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from which the magistrate could find probable cause. Nathanson v. UnitedSearch
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U. S. 114 n. 4. Significantly, the Court in Aguilar cited with approval the affidavit upheld in Jones v. UnitedSearch
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of information is necessary to support a belief that an unidentified informant's information is truthful, Jones v. UnitedSearch
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to the affiant as a gambler. 393 U.S. at 393 U. S. 414 . For this proposition, the Court relied on Nathanson v. UnitedSearch
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not hold it irrelevant when supported by other information. This reading of Nathanson is confirmed by Brinegar v. UnitedSearch
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It may be that this informant's out-of-court declarations would not be admissible at respondent's trial under Donnelly v. UnitedSearch
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States, 228 U. S. 243 (1913), or under Bruton v. UnitedSearch
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cause for believing the occurrence of a crime and the secreting of evidence in specific premises. See Brinegar v. UnitedSearch
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The police themselves almost certainly knew his name, the truth of the affidavit is not in issue, and McCray v. IllinoisSearch
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BLACK, concurring. While I join the opinion of THE CHIEF JUSTICE which distinguishes this case from Aguilar v. TexasSearch
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U. S. 108 (1964), and Spinelli v. UnitedSearch
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and the judgment of the Court, but I add a personal comment in order to make very clear my posture as to Spinelli v. UnitedSearch
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opinion. I was a member of the 6-2 majority of the United States Court of Appeals for the Eighth Circuit in Spinelli v. UnitedSearch
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Draper v. UnitedSearch
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and MR. JUSTICE MARSHALL join, dissenting. This case presents the question of how our decisions in Aguilar v. TexasSearch
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person generally and that he has based his particular conclusions in the matter at hand on reliable data, Aguilar v. TexasSearch
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Spinelli v. UnitedSearch
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has fulfilled his constitutional duty to render an independent determination that probable cause exists. Aguilar v. TexasSearch
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States, 393 U. S. 410 (1969). Cf. Giordenello v. UnitedSearch
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Nathanson v. UnitedSearch
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Berger v. NewSearch
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it is often criticized, is that declarations against penal interest do not fall within this exception. Donnelly v. UnitedSearch
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III of this opinion. A narrower view of Nathanson is said to be confirmed by reading Brinegar v. UnitedSearch
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Id. at 338 U. S. 170 . While it is true that Jones v. UnitedSearch
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requires that such conclusions be drawn, from the underlying facts and circumstances, by the magistrate, not the agent. v. TheSearch
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truth and (b) the affidavit apart from the tip is sufficiently informative to establish probable cause. See Spinelli v. UnitedSearch
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U.S. Supreme Court United States v. HarrisSearch
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Aguilar v. TexasSearch
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Jones v. UnitedSearch
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of United States v. VentrescaSearch
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Brinegar v. UnitedSearch
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Donnelly v. UnitedSearch
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Bruton v. UnitedSearch
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See Brinegar v. UnitedSearch
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and McCray v. IllinoisSearch
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and Spinelli v. UnitedSearch
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Cf. Giordenello v. UnitedSearch
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See Spinelli v. UnitedSearch
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