Quote:
Originally Posted by Baron1710
Texas may indeed have a more limiting standard for warrants. Constitutionally under the Fourth Amendment and the Courts interpretation in Illinois v. Gates...
The rigid "two-pronged test" under Aguilar and Spinelli for determining whether an informant's tip establishes probable cause for issuance of a warrant is abandoned, and the "totality of the circumstances" approach that traditionally has informed probable cause determinations is substituted in its place. The elements under the "two-pronged test" concerning the informant's "veracity," "reliability," and "basis of knowledge" should be understood simply as closely intertwined issues that may usefully illuminate the common sense, practical question whether there is "probable cause" to believe that contraband or evidence is located in a particular place.
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Brother,
Remember Lawrence v Texas?
This was the sodomy case where (If I remember correctly)the Supreme Court first cited Foreign Court rulings to neuter the prevailing sodomy laws.
Here is Wikipedia concerning the probable cause ruling.
Notice there was also a hoax call here.
The petitioners, medical technologist John Geddes Lawrence, then 55, and Tyron Garner (1967–2006),[2] then 31, were alleged to have been engaging in consensual anal sex in Lawrence's apartment in the outskirts of Houston between 10:30 and 11 p.m. on September 17, 1998 when Harris County sheriff's deputy Joseph Quinn entered the unlocked apartment, with his weapon drawn, arresting the two.
The arrests had stemmed from a false report of a "weapons disturbance" in their home — that because of a domestic disturbance or robbery, there was a man with a gun "going crazy." The person who filed the report, neighbor Robert Royce Eubanks, then 40,[3] had earlier been accused of harassing the plaintiffs. (Despite the false report, probable cause to enter the home was not at issue in the case; Eubanks, with whom Garner was romantically involved at the time of the arrest,[4] later admitted that he was lying, pled no contest to charges of filing a false police report, and served 15 days in jail.)
Interesting stuff.
Nina
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