State v. Jeffcoat
Decision Date | 08 September 1981 |
Docket Number | No. 81-K-0811,81-K-0811 |
Citation | 403 So.2d 1227 |
Parties | STATE of Louisiana v. Michael JEFFCOAT. |
Court | Louisiana Supreme Court |
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Clifford R. Strider, III, Louise Korns, Asst. Dist. Attys., for plaintiff-relator.
James C. Lawrence, Orleans Indigent Defender Program, New Orleans, for defendant-respondent.
*
This is a review of a trial court order suppressing evidence seized by police officers under a search warrant. We granted the state's application for a writ and now reverse the trial court's ruling. The issue presented is whether the warrant was based on probable cause for its issuance established by facts presented to the magistrate by a search warrant application which, in pertinent part, provided:
The facts necessary to show probable cause may be established by hearsay evidence. Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960); State v. Paciera, 290 So.2d 681 (La.1974). The Supreme Court in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), laid down the test by which information given the affiant by an unidentified informant could be considered by the magistrate in determining if there was probable cause upon which a search warrant should issue. "(T)he magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were there where he claimed they were and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed ... was 'credible' or his information 'reliable.' " 378 U.S. at 114-15, 84 S.Ct. at 1514, 12 L.Ed.2d at 729.
A careful analysis of Aguilar reveals that its two-part test is designed to perform different functions. The first part is designed to insure that the informant obtained his information by personal observation, or in some other dependable manner rather than through mere...
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