Facts
Two Houston officers applied for a search warrant based on an affidavit stating they had received reliable information from a credible person that Aguilar possessed narcotics for sale. The search warrant was issued and upon searching the house, the officers did discover narcotics.
Procedural History
Aguilar objected to the introduction of the evidence but the objections were overruled and the evidence admitted. Aguilar was convicted. The Court of Appeals affirmed.
Issue(s)
Did the trial court err in not excluding the evidence obtained from the search of Aguilar’s home?
Holding(s)
Yes.
Reasoning/Analysis
The Court found that so long as there was a substantial basis for the magistrate to issue the warrant, courts will accept evidence of a less judicially competent or persuasive character than would have justified an officer. The affidavit relied upon by the magistrate contained no allegation that either the affiant or the source spoke with personal knowledge. The magistrate must be informed of some of the underlying circumstances.
Judgment/Outcome
The Court reversed the judgment of the lower courts.
Concurring Opinions/Dissenting Opinions/Comments
Clark dissented stating that the totality of the circumstances upon which the officer relied is certainly pertinent to the validity of the warrant.
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