You can try any plan risk-free for 30 days. The court held that the anonymous letter and the police detective’s affidavit outlining the police investigation did not support the necessary probable cause needed to obtain the search warrant. 81-430 Argued: October 13, 1982 Decided: June 8, 1983. We would certainly contend not so, Your Honor, and that's the basis of our case here. Police received an anonymous letter implicating Sue and Lance Gates (defendants) in an elaborate illegal drug scheme.

Become a member and get unlimited access to our massive library of The police were able to secure a search warrant of the Gateses’ home and car where they found drugs, weapons and other contraband. The Bloomingdale, Illinois Police Department received an anonymous tip that Lance and Susan Gates were selling drugs out of their home. You're using an unsupported browser. In Illinois v. Gates, probable cause was achieved for the warrant under the new "totality-of-the-circumstances" standard because the investigation by DEA and Detective Mader would have, on its own, been probable cause for a search warrant. Then click here. The police received an anonymous letter outlining specific details about the Defendants, Gates and others (the “defendants”), plans to traffic drugs from Florida to Illinois. The officers in the last car of the caravan witnessed Wardlow (defendant) standing by a building holding an opaque bag. And since there was no basis of knowledge indicated,--. The procedural disposition (e.g. Illinois v. Gates Case Brief. The court of appeals reversed Wardlow’s conviction, holding that the police had no reasonable suspicion to search Wardlow and the gun should have been suppressed. law school study materials, including 726 video lessons and 5,100+
Become a member and get unlimited access to our massive library of If you logged out from your Quimbee account, please login and try again. The operation could not be completed. One of the officers immediately conducted a pat-down to search for weapons. Academic Content. Reargued March 1, 1983. In the evening of May 6th, which was a Saturday, Detective Mader went and presented his information to a judge who issued a search warrant for the car and for the apartment based on the anonymous letter and the corroboration of the letter. Cancel anytime. Justices Moran and Underwood, they held that neither prong was met. In the trunk of the automobile were several large bundles of marijuana weighing about 350 pounds. You can try any plan risk-free for 7 days. Security, Unique Counsel, where did all this prong lingo come from? Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. ILLINOIS v. GATES(1983) No. The United States Supreme Court granted certiorari.

The issue section includes the dispositive legal issue in the case phrased as a question.

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reversed and remanded, affirmed, etc. Written and curated by real attorneys at Quimbee. In an opinion by Mr. Justice Ward over dissents by Mr. A check of the license plates indicated that the plates were registered to a car other than being driven in this case. The couple also had cocaine in their possession. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Quimbee might not work properly for you until you. The issue section includes the dispositive legal issue in the case phrased as a question. Based on this information, the police department conducted its own investigation which revealed that parts of the informant’s tip were true, and only one discrepancy between what the informant said would happen and what did happen was uncovered. We’re not just a study aid for law students; we’re the study aid for law students. After observing the Gates's drug smuggling operation in action, police obtained a warrant and upon searching the suspects' car and home uncovered large quantities of marijuana, other contraband, and weapons. Quimbee might not work properly for you until you. [citation needed] The Gateses' actions were suspicious because Florida is a known source of illegal drugs.

If not, you may need to refresh the page. Citation462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. The trial court held that the stop and frisk was lawful and allowed the gun to be introduced as evidence at trial. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Service Audio Transcription for Oral Reargument - March 01, 1983 in IIllinois v. Gates Audio Transcription for Oral Argument - October 13, 1982 in IIllinois v. Gates Paul B. Biebel Jr.: The record will not reflect what time he arrived, but it had to be about 8:00 o'clock, considering the lapse in time and the delay of an hour in the airport. No contracts or commitments. Then click here. You're using an unsupported browser. Syllabus. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. Read our student testimonials.

If Aguilar and Spinelli... we would argue that Aguilar and Spinelli ought to be carefully re-examined by this Court in view of the fact that it's overly formalistic and it's confused courts and police officers and prosecutors. It was estimated by the drug agents that the driving time from West Palm Beach, Florida to Bloomingdale, Illinois was about 21 to 23 hours. The Appellate Court of Illinois, taking this formalistic approach, said we're sorry, but the corroboration of the police can only go to veracity and it can't go to the basis of knowledge.

Sign up for a free 7-day trial and ask it. Read our student testimonials. We’re not just a study aid for law students; we’re the study aid for law students. The operation could not be completed. Riding in four separate cars, police officers entered a high drug area of the city to investigate drug transactions. After securing a search warrant, the police searched the defendants house and car, where weapons, drugs and other … practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case The search warrant was executed at 5:14 the next morning, which was some 23 hours after the Gates's had left Florida, which would indicate virtually a non-stop trip. Cancel anytime. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. A search of their residence uncovered more marijuana, weapons, ammunition, drug paraphernalia, several scales presumably for the weighing of the drugs. This website requires JavaScript. Hi there, would you like to get such a paper? However, a motion to suppress was granted by the Circuit Court of DuPage County, Illinois by Judge William Hopf who indicated that neither prong of the Aguilar or Spinelli test were met here. briefs keyed to 223 law school casebooks. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. 81-430. You can try any plan risk-free for 30 days. I think it was explicated in the Spinelli case, and certainly there's been a great deal of comment by courts and a Law Review article since about the two-prong test and how it's described. Argued October 13, 1982.

There was no indication in the letter of the basis of the knowledge of the letter writer, and there was nothing to substantiate his reliability.

Read more about Quimbee. Here's why 401,000 law students have relied on our case briefs: Are you a current student of ? And so there wasn't any facial indication of basis of knowledge on the affidavit for a search warrant; it had to fall. Wardlow was arrested for unlawful use of a weapon by a felon. --Aguilar just set out at the end of the opinion the two steps that have to be utilized when informants are used. Within 12 hours, at 7:00 o'clock the next morning, Mr. Gates and an unidentified female left, checked out, got into an automobile with license plates registered to Lance Gates and headed back on the interstate, presumably towards Chicago. Written and curated by real attorneys at Quimbee. When Wardlow looked at the car he began running away, and the officers in the last car gave chase and caught him. Read more about Quimbee. No. The officer felt something that appeared to be a weapon and when he removed it he discovered it was a handgun. 2d 527 (1983) Brief Fact Summary. Here's why 401,000 law students have relied on our case briefs: Are you a current student of ? The record will not reflect what time he arrived, but it had to be about 8:00 o'clock, considering the lapse in time and the delay of an hour in the airport. The holding and reasoning section includes: v1479 - b705b5e02d782e2236ca32952d2cf20f3c046f31 - 2020-09-25T12:14:31Z. That was affirmed by the Appellate Court of Illinois Section District in 1980 where that court, admittedly disagreeing with several state and federal cases, held that corroboration by the police can only be used to satisfy the veracity prong of Aguilar and Spinelli and cannot be used to satisfy the basis of knowledge prong. The investigation, which included surveillance, confirmed most of the informant’s tips as true with the exception of one fact. However, they didn't get to the question of whether or not corroboration can be used to supply the basis of knowledge prong.