NCJ Number
96495
Journal
Justice System Journal Volume: 7 Issue: 1 Dated: (Fall 1983) Pages: 131-140
Date Published
1983
Length
10 pages
Annotation
The United States Supreme Court decision in Gates v. Illinois deals a blow to the continued vitality of the exclusionary rule by increasing the likelihood of finding a probable cause based on evidence previously regarded as inadequate.
Abstract
The Gates decision allows the 'totality of the circumstances' to be considered for determining probable cause where informant information is used. The circuit court originally held that the anonymous tip failed to establish probable cause. On initial appeal, the court determined that ruling for the State would authorize government invasion of privacy merely because 'innocent' details about Gates's activities had been verified. The Illinois Supreme Court upheld the appellate decision, noting that the State was not aided by the concept of self-verifying detail and that the informant was anonymous and therefore not reliable. However, the U.S. Supreme Court reversed the Illinois Supreme Court. It noted that technical requirements for evidence had become too complex and had led to warrants being declared invalid because information available to the magistrate had been segmented. According to the Court, anonymous tips are worthwhile contributions to solving crimes. In applying the 'totality of circumstances' test, the Court stated that the magistrate should look at all known facts and consider the fair probability that the evidence sought would be found in the place searched. Forty footnotes are provided.