Quote:
Originally Posted by Newman
I am not a criminal attorney but based on my reading in this case it appears that Texas has a tighter standard on faulty searches which I can't easily find now nor do I have the time.
But do you think it reasonable to not have traced the phone call to Colorado before conducting a raid a week later?
Whatever the case, we will know alot more on Tuesday.  |
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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