NCJ Number
86587
Journal
FBI Law Enforcement Bulletin Volume: 51 Issue: 11 Dated: (November 1982) Pages: 23-31
Date Published
1982
Length
10 pages
Annotation
This article addresses the principles of probable cause with respect to employing information from third parties and then presents a framework for drafting a warrant affidavit that will be free from successful defense attack.
Abstract
The author reviews four cases which led to the 1964 Supreme Court Aguilar v. Texas decision governing the use of hearsay information: Nathanson v. United States, Giordenello v. United States, Draper v. United States, and Jones v. United States. The Aguilar ruling produced a two-pronged test whereby an officer must explain how the informant knows the information reported and establish that there is a basis for believing the information is true. A chart shows how the statement from the informant in Aguilar could have been drafted to satisfy the test's first part. The principle established Spinelli v. the United States holds that the first test may be satisfied if the information is highly detailed since this implies personal knowledge. A Federal appellate court also upheld an affidavit stating that the informant had given reliable information many times previously. In respect to the second test for veracity, the courts have recognized four distinct classes of persons furnishing hearsay evidence: the trustworthy sources consisting of law enforcement officers, victims, or witnesses to a crime; the criminal informant; the unidentified good citizen who has volunteered information pertinent to the crime; and the anonymous source unknown to law enforcement authorities. The paper summarizes judicial decisions on veracity standards for each informant class, with particular attention to problems in showing veracity in an affidavit citing a criminal informant. While the criminal informant's veracity is usually established on the basis of a track record for furnishing reliable information, other tests have been used. For example, did the informant's prior information result in recovering evidence or property or does the information amount to a statement against the informant's penal interest? A chart suggests proper language for an affidavit qualifying a criminal informant. The paper contains 73 footnotes. For the conclusion, see NCJ 86590.