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AGUILAR V. TEXAS, 378 U. S. 108 (1964)

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U.S. Supreme Court

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

Aguilar v. Texas

No. 548

Argued March 25-26, 1964

Decided June 15, 1964

378 U.S. 108

Syllabus

The affidavit given by police officers to obtain a state search warrant stated that:

"Affiants have received reliable information from a credible person and do believe that heroin . . . and other narcotics . . . are being kept at the above described premises for the purpose of sale and use contrary to the provisions of the law."

The affidavit provided no further information concerning either the undisclosed informant or the reliability of the information. 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. Ker v. California, 374 U. S. 23, followed. P. 378 U. S. 110.

2. Although 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 circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was creditable or his information reliable. Giordenello v. United States, 357 U. S. 480, followed. Pp. 378 U. S. 110-115.

172 Tex.Cr.R. 629, 631, 362 S.W.2d 111, 112, reversed and remanded. chanroblesvirtualawlibrary

Page 378 U. S. 109





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