What does two pronged test mean?

The two-pronged test maintains that a warrant cannot be issued on an informant's tip unless the officers state that the reasons that led them to believe the informant are credible or that the information is reliable on this particular occasion and unless affiants state the reasons that led them to conclude that the ...

What is the two-prong test Aguilar v Texas?

In Aguilar v. Texas, the Court developed a two-prong test for determining probable cause based on informants' tips. The first prong required that the affidavit provide facts demonstrating the informant's basis of knowledge in obtaining the information.

What is totality of circumstances test?

The totality-of-circumstances test requires magistrates to consider all the information in the affidavit, including the informer's reliability, credibility, and basis of knowledge. The test, however, provides no practical guidance on the relative weights to be assigned to any of these considerations.

What is the Aguilar Spinelli rule?

In United States law, the Aguilar–Spinelli test was a judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip.

What was the holding in Aguilar v Texas?

The warrant was issued, a search made, and the evidence obtained was admitted at the trial at which petitioner was found guilty of possessing heroin. Held: 1. The standard of reasonableness for obtaining a search warrant is the same under the Fourth and the Fourteenth Amendments.

Law 203 Probable cause Two pronged test

Why is Aguilar v Texas important?

Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that “[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying ...

What was the holding in Riley v California?

Riley v. California, 573 U.S. 373 (2014), is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.

What are the two prongs of determining the reliability of hearsay evidence?

Roberts, 448 U.S. 56 (1980), set forth a two-pronged test in order for hearsay to be admissible against a criminal defendant: (1) the declarant generally must be shown to be unavailable; and (2) the statement must have been made under circumstances providing sufficient "indicia of reliability".

What two principles are considered the Miranda triggers?

Arizona and related cases. Miranda triggers: The dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required.

What occurred in Richards v Wisconsin?

In this case, the Wisconsin Supreme Court concluded that police officers are never required to knock and announce their presence when executing a search warrant in a felony drug investigation. In so doing, it reaffirmed a pre-Wilson holding and concluded that Wilson did not preclude this per se rule.

What is the exclusionary test?

Overview. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

What is the evidential sufficiency test?

The Evidential Test – the evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction. The Public Interest Test – prosecution is required in the public interest.

What are the five circumstances?

What is the two prong test used to decide if qualified immunity should be granted?

Courts have generally analyzed this qualified immunity defense via a two-prong test—asking whether the official (1) violated the plaintiff's constitutional right, and (2) if so, asking whether that right was “clearly established” at the time of the violation.

What is the Katz two prong test?

Justice John Harlan, concurring, formulated a two pronged test for determining whether the privacy interest is paramount: first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as 'reasonable. ' Id. at 361.

What was the Pointer v Texas case about?

Pointer v. Texas incorporated the Sixth Amendment's right to confrontation against the states. The case established the precedent that state courts cannot deny a person the opportunity to cross-examine a witness.

What are the two prongs of Miranda?

There are two very basic prerequisites before the police are require to issue a Miranda warning to a suspect: The suspect must be in police custody; and. The suspect must be under interrogation.

What are 2 exceptions to the Miranda Warning?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.

What 2 things must be present to require Miranda warnings?

So it has to be an interrogation by the police; the subject has to be under arrest for Miranda to apply. And thirdly, the questioning has to amount to interrogation. It has to be sort of questions that are designed to elicit an incriminating response.

What are the 2 main types of evidence?

There are two types of evidence; namely, direct evidence and circumstantial evidence. In this case, the People contend that there is circumstantial evidence of the defendant's guilt.

What are the 2 elements of hearsay evidence?

Evidence is hearsay when its probative force depends on the competency and credibility of some persons other than the witness by whom it is sought to be produced. The exclusion of hearsay evidence is anchored on three reasons: 1) absence of cross-examination; 2) absence of demeanor evidence; and 3) absence of oath.

What are the two types of admissible evidence?

Generally speaking, there are two primary types of evidence: direct and circumstantial.

Can police confiscate your phone in California?

Also, while police may not search the data on your phone without a warrant, they could seize your phone if you have been arrested and hold it until they can get a warrant to search it.

Was Riley v California overturned?

The First Circuit reversed and vacated the convictions. The Supreme Court reversed as to Riley and affirmed as to Wurie. The police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.

What did the Riley vs California case digest?

In Riley v. California, the lower court ruled that a police officer can not only seize and secure a suspect's cell phone pursuant to an arrest, they can also search the contents of that phone without any warrant or probable cause.