Aguilar v. Texas 378 U.S. 108 (1964)

• Author: Jacob W. Landynski
• Pages: 63-64

Page 63

The rule that an officer's affidavit supporting an application for a SEARCH WARRANT must contain more than the officer's "mere affirmation of suspicion" was established in Nathanson v. United States (1933). Probable cause requires a statement of "facts or circumstances" explaining the affiant's belief that criminal activity is afoot, thus allowing the magistrate to make an independent judgment. In Aguilar the same rule was applied to an affidavit based on information supplied by an informant.

The Aguilar affidavit stated that the officers "had received reliable information from a credible person" that narcotics were kept on the premises. Nothing in the affidavit allowed the magistrate to determine the accuracy of

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the informant's conclusion. Though hearsay information can satisfy PROBABLE CAUSE, said the Court, the affidavit must give EVIDENCE that the informant spoke from personal knowledge, and explain the circumstances that led the officer...