Criminal Procedure
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Authors
O'Quinn, Michael A.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In criminal investigations, it is common for law enforcement authorities to rely upon information provided by informants as a basis for investigating suspects. The type of informant from which most legal problems arise is a person who is either a criminal himself or a close associate of the underworld.|Although the practice has been criticized as "odious," information supplied by an informant, and related under "oath or affirmation" to a magistrate may be constitutionally sufficient to support the magistrate's finding of probable cause necessary for an arrest warrant, search warrant, or wiretap order. Whenever the affidavit requesting such a warrant or wiretap order asserts that probable cause exists based upon information supplied by an absent informant, the magistrate must undertake the two-step analysis announced in Aguilar v. Texas." The magistrate must look to (1) some of the underlying facts from which the informant concluded that the accused was engaging in criminal activity and (2) the underlying circumstances from which the afflant concluded that the informant was "credible" or his information was "reliable."...
Description
Citation
15 Creighton L. Rev. 229 (1981-1982)
Publisher
Creighton University School of Law