Illinois v. Gates
Encyclopedia
Illinois v. Gates, , is a Fourth Amendment
case. Gates overruled Aguilar v. Texas, and Spinelli v. United States, , thereby replacing the Aguilar–Spinelli test for probable cause with the "totality of the circumstances" test.
Police Department received an anonymous letter. The letter stated, "This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs. They are Sue and Lance Gates, who live on Greenway, off Bloomingdale Rd. in the condominiums. Most of their buys are done in Florida. Sue, his wife, drives their car to Florida, where she leaves it to be loaded up with drugs, then Lance flies down and drives it back. Sue flies back after she drops the car off in Florida. May 3 she is driving down there again and the car back he has the trunk loaded with over $100,000.00 in drugs. Presently they have over $100,000.00 worth of drugs in their basement. They brag about the fact they never have to work, and make their entire living on pushers. I guarantee, if you watch them carefully you will make a big catch. They are friends with some big drug dealers who visit their house often."
Detective
Mader decided to follow up on the tip, obtaining further information that an "L. Gates" had purchased an airline ticket leaving from Chicago's O'Hare Airport and arriving in West Palm Beach, Florida
. Working with the DEA
, Mader was able to ascertain that Gates had boarded the plane and arrived in West Palm Beach. The DEA surveillance team determined that Gates had met a woman at a Holiday Inn
room registered to Susan Gates and that the couple had gotten into a car together driving toward the Chicago
area. They estimated the pair due back in Bloomingdale within 22 to 24 hours.
Mader signed an affidavit laying down the events as they had unfolded, in addition to the anonymous letter. A judge of the Circuit Court
of DuPage County
issued a warrant. Upon the Gates' arrival home, the Bloomingdale Police searched the car, recovering over 350 lb. of marijuana. A search of the Gates' residence led to the discovery of additional marijuana and weapons.
The Illinois Circuit Court decided that the search was unlawful based on the test established in the Supreme Court ruling in Spinelli v. United States. In essence, the affidavit did not provide enough evidence to establish probable cause, which led to the exclusion of evidence obtained on the basis of that warrant. This ruling was upheld by both the Illinois Appellate Courts and the Supreme Court of Illinois.
The case was brought to the United States Supreme Court when the state and several amicus curiae, friends of the court, asked them to review the decision. The main question that was presented was, “May a judge issue a search warrant on basis of partially corroborated anonymous informant’s tip?”
delivered the decision. In a 6–3 ruling, Illinois won the case. Justice Rehnquist stated:
We agree with the Illinois Supreme Court that an informant's "veracity," "reliability" and "basis of knowledge" are all highly relevant in determining the value of his report. We do not agree, however, that these elements should be understood as entirely separate and independent requirements to be rigidly exacted in every case[...] [T]hey should be understood simply as closely intertwined issues that may usefully illuminate the common sense, practical question whether there is "probable cause" to believe that contraband or evidence is located in a particular place.
This rejected the Aguilar–Spinelli test and put in place a totality-of-the-circumstances standard. This was put into place because the court recognized that there was more evidence that the Gateses were involved in drug trafficking than just the letter standing alone. The court agreed that if the letter had just stood alone it would not be probable cause to get a warrant. The court also recognized that under the Aguilar–Spinelli two-pronged test, it would be very hard for the “reliability” prong to ever be satisfied from an anonymous tip so it therefore should be abandoned.
This case is a landmark case in the evolution of probable cause and search warrants. In this case, the Supreme Court abandons the Aguilar–Spinelli test.
, joined by Justice Marshall
, stated that "Only one of the cases cited by the Court in support of its 'totality of the circumstances' approach, Jaben v. United States, 381 U.S. 214 (1965), was decided subsequent to Aguilar. It is by no means inconsistent with Aguilar."The dissent argued that the two pronged test of the honesty of the informant and the basis of knowledge was more protective of a citizen's rights, leaving less chance of a warrant being issued based upon the claims of a dishonest or unreliable "informant." They believed that the Aguilar–Spinelli test was effective and should not have been replaced. They believed that tests and laws that protect the rights of accused are too easily disregarded because the court and law enforcers are eager to prosecute suspects. They believe that the rights of the suspects also have to be protected. They stated,"By replacing Aguilar and Spinelli with a test that provides no assurance that magistrates, rather than the police, or informants, will make determinations of probable cause; imposes no structure on magistrates’ probable-cause inquiries; and invites the possibility that intrusions may be justified on less than reliable information from an honest or credible person, today’s decision threatens to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state, where they are the law." Justice Brennan and Justice Marshall also argue that the court did not show any persuasive reason for rejecting Aguilar and Spinelli. They believe that it “reflects impatience with what it perceives to be overly technical rules governing searches and seizures under the Fourth Amendment.” They support their opinion that the right of the suspects are not as willingly protected by stating that, “Words such as practical, nontechnical, and common sense, as used in the Court’s opinion, are but code words for an overly permissive attitude towards police practices in derogation of the rights secured by the Fourth Amendment.” They say that they do not disagree that drug trafficking is wrong and should be punishable, but they do not think that taking away suspects' rights is correct to do so. They do not think that the decision made by the Illinois Supreme Court should have been reversed, they agree with that court and do not think the evidence should have been included.
should be modified. When the opinion in Gates was rendered, however, the Court declined to rule on the issue, stating that the issue was "not pressed or passed upon below" and that the exclusionary rule had become too difficult as an issue of great public importance to have been re-examined at the time.
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
case. Gates overruled Aguilar v. Texas, and Spinelli v. United States, , thereby replacing the Aguilar–Spinelli test for probable cause with the "totality of the circumstances" test.
Facts and procedural history
In May 1978, the Bloomingdale, IllinoisBloomingdale, Illinois
Bloomingdale is a village in DuPage County, Illinois, United States, approximately 25 miles west of Chicago. The population was 21,675 at the 2000 census.-History:...
Police Department received an anonymous letter. The letter stated, "This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs. They are Sue and Lance Gates, who live on Greenway, off Bloomingdale Rd. in the condominiums. Most of their buys are done in Florida. Sue, his wife, drives their car to Florida, where she leaves it to be loaded up with drugs, then Lance flies down and drives it back. Sue flies back after she drops the car off in Florida. May 3 she is driving down there again and the car back he has the trunk loaded with over $100,000.00 in drugs. Presently they have over $100,000.00 worth of drugs in their basement. They brag about the fact they never have to work, and make their entire living on pushers. I guarantee, if you watch them carefully you will make a big catch. They are friends with some big drug dealers who visit their house often."
Detective
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
Mader decided to follow up on the tip, obtaining further information that an "L. Gates" had purchased an airline ticket leaving from Chicago's O'Hare Airport and arriving in West Palm Beach, Florida
West Palm Beach, Florida
West Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida...
. Working with the DEA
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
, Mader was able to ascertain that Gates had boarded the plane and arrived in West Palm Beach. The DEA surveillance team determined that Gates had met a woman at a Holiday Inn
Holiday Inn
Holiday Inn is a brand of hotels, formally a economy motel chain, forming part of the British InterContinental Hotels Group . It is one of the world's largest hotel chains with 238,440 bedrooms and 1,301 hotels globally. There are currently 5 hotels in the pipeline...
room registered to Susan Gates and that the couple had gotten into a car together driving toward the Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
area. They estimated the pair due back in Bloomingdale within 22 to 24 hours.
Mader signed an affidavit laying down the events as they had unfolded, in addition to the anonymous letter. A judge of the Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
of DuPage County
DuPage County, Illinois
As of the 2010 Census, the population of the county was 916,924, White Americans made up 77.9% of Dupage County's population; non-Hispanic whites represented 70.5% of the population. Black Americans made up 4.6% of the population. Native Americans made up 0.3% of Dupage County's population...
issued a warrant. Upon the Gates' arrival home, the Bloomingdale Police searched the car, recovering over 350 lb. of marijuana. A search of the Gates' residence led to the discovery of additional marijuana and weapons.
The Illinois Circuit Court decided that the search was unlawful based on the test established in the Supreme Court ruling in Spinelli v. United States. In essence, the affidavit did not provide enough evidence to establish probable cause, which led to the exclusion of evidence obtained on the basis of that warrant. This ruling was upheld by both the Illinois Appellate Courts and the Supreme Court of Illinois.
The case was brought to the United States Supreme Court when the state and several amicus curiae, friends of the court, asked them to review the decision. The main question that was presented was, “May a judge issue a search warrant on basis of partially corroborated anonymous informant’s tip?”
Holding and rationale
The Supreme Court overturned the ruling of the Illinois courts. Justice William RehnquistWilliam Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
delivered the decision. In a 6–3 ruling, Illinois won the case. Justice Rehnquist stated:
We agree with the Illinois Supreme Court that an informant's "veracity," "reliability" and "basis of knowledge" are all highly relevant in determining the value of his report. We do not agree, however, that these elements should be understood as entirely separate and independent requirements to be rigidly exacted in every case[...] [T]hey should be understood simply as closely intertwined issues that may usefully illuminate the common sense, practical question whether there is "probable cause" to believe that contraband or evidence is located in a particular place.
This rejected the Aguilar–Spinelli test and put in place a totality-of-the-circumstances standard. This was put into place because the court recognized that there was more evidence that the Gateses were involved in drug trafficking than just the letter standing alone. The court agreed that if the letter had just stood alone it would not be probable cause to get a warrant. The court also recognized that under the Aguilar–Spinelli two-pronged test, it would be very hard for the “reliability” prong to ever be satisfied from an anonymous tip so it therefore should be abandoned.
This case is a landmark case in the evolution of probable cause and search warrants. In this case, the Supreme Court abandons the Aguilar–Spinelli test.
Dissent
In dissent, Justice BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, joined by Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, stated that "Only one of the cases cited by the Court in support of its 'totality of the circumstances' approach, Jaben v. United States, 381 U.S. 214 (1965), was decided subsequent to Aguilar. It is by no means inconsistent with Aguilar."The dissent argued that the two pronged test of the honesty of the informant and the basis of knowledge was more protective of a citizen's rights, leaving less chance of a warrant being issued based upon the claims of a dishonest or unreliable "informant." They believed that the Aguilar–Spinelli test was effective and should not have been replaced. They believed that tests and laws that protect the rights of accused are too easily disregarded because the court and law enforcers are eager to prosecute suspects. They believe that the rights of the suspects also have to be protected. They stated,"By replacing Aguilar and Spinelli with a test that provides no assurance that magistrates, rather than the police, or informants, will make determinations of probable cause; imposes no structure on magistrates’ probable-cause inquiries; and invites the possibility that intrusions may be justified on less than reliable information from an honest or credible person, today’s decision threatens to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state, where they are the law." Justice Brennan and Justice Marshall also argue that the court did not show any persuasive reason for rejecting Aguilar and Spinelli. They believe that it “reflects impatience with what it perceives to be overly technical rules governing searches and seizures under the Fourth Amendment.” They support their opinion that the right of the suspects are not as willingly protected by stating that, “Words such as practical, nontechnical, and common sense, as used in the Court’s opinion, are but code words for an overly permissive attitude towards police practices in derogation of the rights secured by the Fourth Amendment.” They say that they do not disagree that drug trafficking is wrong and should be punishable, but they do not think that taking away suspects' rights is correct to do so. They do not think that the decision made by the Illinois Supreme Court should have been reversed, they agree with that court and do not think the evidence should have been included.
Concurring
Justice White concurred in the judgment. He believed that in this case, the search and seizure was consistent with the Fourth Amendment. He believed that it was reasonable for the search of the Gates's house. He stated that the exclusion of the evidence would have set the criminals free and it would not have served “any constitutional interest in securing compliance with the important requirements of the Fourth Amendment.” Justice White does not believe that the exclusionary rule is not a good rule in any case where law enforcement officials believe their actions are consistent with the Fourth Amendment.Additional points
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. The Gates actions were suspicious because Florida is a known source of illegal drugs. Lance Gates' stay at a motel for one night and immediate return to Chicago suggests that he was not going for a vacation and also implies that he might be involved in something illegal. The Court, after having heard oral argument, furthermore requested in November 1982 that the parties and amici submit briefs on the broader issue of whether the exclusionary ruleExclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
should be modified. When the opinion in Gates was rendered, however, the Court declined to rule on the issue, stating that the issue was "not pressed or passed upon below" and that the exclusionary rule had become too difficult as an issue of great public importance to have been re-examined at the time.