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Aguilar v. Texas, 378 U.S. 108 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Aguilar v. Texas, 378 U.S. 108 (1964)
Aguilar v. Texas No. 548 Argued March 25-26, 1964 Decided June 15, 1964 378 U.S. 108
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
Syllabus
The affidavit given by police officers to obtain a state search warrant stated that:
Affiants have received reliable information from a credible person and do believe that heroin . . . and other narcotics . . . are being kept at the above described premises for the purpose of sale and use contrary to the provisions of the law.
The affidavit provided no further information concerning either the undisclosed informant or the reliability of the information. The warrant was issued, a search made, and the evidence obtained was admitted at the trial at which petitioner was found guilty of possessing heroin.
Held:
1. The standard of reasonableness for obtaining a search warrant is the same under the Fourth and the Fourteenth Amendments. Ker v. California, 374 U.S. 23, followed. P. 110.
2. Although an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was creditable or his information reliable. Giordenello v. United States, 357 U.S. 480, followed. Pp. 110-115.
172 Tex.Cr.R. 629, 631, 362 S.W.2d 111, 112, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Aguilar v. Texas, 378 U.S. 108 (1964) in 378 U.S. 108 378 U.S. 109. Original Sources, accessed April 17, 2025, http://originalsources.com/Document.aspx?DocID=5AX8VS46RJU6SQQ.
MLA: U.S. Supreme Court. "Syllabus." Aguilar v. Texas, 378 U.S. 108 (1964), in 378 U.S. 108, page 378 U.S. 109. Original Sources. 17 Apr. 2025. http://originalsources.com/Document.aspx?DocID=5AX8VS46RJU6SQQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Aguilar v. Texas, 378 U.S. 108 (1964). cited in 1964, 378 U.S. 108, pp.378 U.S. 109. Original Sources, retrieved 17 April 2025, from http://originalsources.com/Document.aspx?DocID=5AX8VS46RJU6SQQ.
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