[Download] "State v. Welch" by The Supreme Court of the State of Ohio # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Welch
- Author : The Supreme Court of the State of Ohio
- Release Date : January 03, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
HOLMES, J. The court of appeals below stated that it was guided by the application of the two pronged knowledge and veracity test as developed by the United States Supreme Court in the Aguilar and Spinelli cases in its determination that probable cause did not exist for the warrantless search herein. Applying the law as it was perceived, the court held that the arrest and subsequent search were improper in that the state failed to establish the basis of the informants' knowledge or their credibility. It must be pointed out that our nation's highest court specifically abandoned the two pronged test in Illinois v. Gates (1983), 76 L.Ed. 2d 527, and supplanted in its stead a totality of thscircumstances test when determining probable cause for the issuance of a warrant. See, also, Massachusetts v. Upton (1984), 80 L.Ed. 2d 721. However, we do not address the Gates opinion as this case more closely presents an issue concerning the automobile exception to the Fourth Amendment.
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