Spinelli test in Massachusetts

21 Massachusetts opinions name it 3 courts 1983–2025 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

Case	Followed	Cited
Aguilar v. Texasred scotus · 1964 · cited in 10 Massachusetts opinions naming this issue, 1983–2019 2 sentences 2017Affidavits that rely on information obtained through a confidential informant must satisfy the two-pronged Aguilar - Spinelli test, which requires that the judge "be informed of (1) some of the underlying circumstances from which the informant concluded that the contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was 'credible' or his information 'reliable' (the veracity test)." Commonwealth v. Upton , 390 Mass. 562 , 566 (1983), quoting from Aguilar v. Texas , 378 U.S. 108 , 114 1983In its opinion, the majority reduces the United States Supreme Court’s recent decision in Illinois v. Gates, 462 U.S. 213 (1983), to a mere elaboration upon the “two-pronged test” of Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969), despite the clearly articulated judgment of the Court “that it is wiser to abandon the [Aguilar/Spinelli test]”.	6	10
Commonwealth v. Uptongreen mass · 1985 · cited in 9 Massachusetts opinions naming this issue, 2001–2019 2 sentences 2019Each prong of the Aguilar - Spinelli test "must be separately considered and satisfied or supplemented in some way." Upton , 394 Mass. at 375 , 476 N.E.2d 548 . 2019Each prong of the Aguilar - Spinelli test "must be separately considered and satisfied or supplemented in some way." Upton , 394 Mass. at 375 , 476 N.E.2d 548 .	5	9
Spinelli v. United Statesred scotus · 1969 · cited in 10 Massachusetts opinions naming this issue, 1983–2019 2 sentences 1983In its opinion, the majority reduces the United States Supreme Court’s recent decision in Illinois v. Gates, 462 U.S. 213 (1983), to a mere elaboration upon the “two-pronged test” of Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969), despite the clearly articulated judgment of the Court “that it is wiser to abandon the [Aguilar/Spinelli test]”. 1983In its opinion, the majority reduces the United States Supreme Court's recent decision in Illinois v. Gates, 462 U.S. 213 (1983), to a mere elaboration upon the "two-pronged test" of Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969), despite the clearly articulated judgment of the Court "that it is wiser to abandon the [ Aguilar/Spinelli test]".	4	10
Commonwealth v. Depierogreen mass · 2016 · cited in 3 Massachusetts opinions naming this issue, 2018–2025 2 sentences 2018See Depiero , 473 Mass. at 454 , 42 N.E.3d 1123 , quoting Commonwealth v. Mubdi , 456 Mass. 385 , 396, 923 N.E.2d 1004 (2010) ( Aguilar - Spinelli test requires "less rigorous showing" where required standard is reasonable suspicion rather than probable cause). 2018See Depiero , 473 Mass. at 454 , 42 N.E.3d 1123 , quoting Commonwealth v. Mubdi , 456 Mass. 385 , 396, 923 N.E.2d 1004 (2010) ( Aguilar - Spinelli test requires "less rigorous showing" where required standard is reasonable suspicion rather than probable cause).	2	3
Commonwealth v. Alfonso A.green mass · 2003 · cited in 3 Massachusetts opinions naming this issue, 2018–2019 2 sentences 2019See Alfonso A ., 438 Mass. at 374 , 780 N.E.2d 1244 ; Upton , 394 Mass. at 375 , 476 N.E.2d 548 . 2019See Alfonso A ., 438 Mass. at 374 , 780 N.E.2d 1244 ; Upton , 394 Mass. at 375 , 476 N.E.2d 548 .	2	3
Illinois v. Gatesgreen scotus · 1983 · cited in 3 Massachusetts opinions naming this issue, 1983–2018 2 sentences 2018The affidavit indicated that the defendant lived on the first floor of the apartment building, but did not indicate how many other units were contained in the building, whether other apartments were located on the first floor, or whether the rear exterior door led directly into the defendant's apartment. 3 In particular, in Upton II , the Supreme Judicial Court rejected the decision of the United States Supreme Court in Illinois v. Gates , 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), and the "totality of the circumstances" test announced there to replace the Aguilar - Spinelli test. 2018The affidavit indicated that the defendant lived on the first floor of the apartment building, but did not indicate how many other units were contained in the building, whether other apartments were located on the first floor, or whether the rear exterior door led directly into the defendant's apartment. 3 In particular, in Upton II , the Supreme Judicial Court rejected the decision of the United States Supreme Court in Illinois v. Gates , 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), and the "totality of the circumstances" test announced there to replace the Aguilar - Spinelli test.	1	3
Commonwealth v. Mubdigreen mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2018–2018 2 sentences 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9	1	2
People v. Williamsgreen michctapp · 1984 · cited in 1 Massachusetts opinions naming this issue, 2018–2018 2 sentences 2018See People v. Williams , 139 Mich. App. 104 , 108, 360 N.W.2d 585 (1984), overruled in part on other grounds, People v. Russo , 439 Mich. 584 , 603-604, 487 N.W.2d 698 (1992) ; State v. Powell , 53 S.W.3d 258 , 263 (Tenn. Crim. 2018See People v. Williams , 139 Mich. App. 104 , 108, 360 N.W.2d 585 (1984), overruled in part on other grounds, People v. Russo , 439 Mich. 584 , 603-604, 487 N.W.2d 698 (1992) ; State v. Powell , 53 S.W.3d 258 , 263 (Tenn. Crim.	1	1
Commonwealth v. Allengreen mass · 1990 · cited in 1 Massachusetts opinions naming this issue, 2018–2018 1 sentence 2018See Commonwealth v. Allen , 406 Mass. 575 , 578 (1990).	1	1
Commonwealth v. Monteirogreen massappct · 2018 · cited in 1 Massachusetts opinions naming this issue, 2018–2018 1 sentence 2018See Commonwealth v. Monteiro , 93 Mass. App. Ct. 478 , 481 (2018), reiterating the Supreme Judicial Court's language in Commonwealth v. Upton , supra .	1	1
People v. Russogreen mich · 1992 · cited in 1 Massachusetts opinions naming this issue, 2018–2018 2 sentences 2018See People v. Williams , 139 Mich. App. 104 , 108, 360 N.W.2d 585 (1984), overruled in part on other grounds, People v. Russo , 439 Mich. 584 , 603-604, 487 N.W.2d 698 (1992) ; State v. Powell , 53 S.W.3d 258 , 263 (Tenn. Crim. 2018See People v. Williams , 139 Mich. App. 104 , 108, 360 N.W.2d 585 (1984), overruled in part on other grounds, People v. Russo , 439 Mich. 584 , 603-604, 487 N.W.2d 698 (1992) ; State v. Powell , 53 S.W.3d 258 , 263 (Tenn. Crim.	1	1
Commonwealth v. Gonzalezgreen massappct · 2016 · cited in 1 Massachusetts opinions naming this issue, 2018–2018 1 sentence 2018The informant's information here also was corroborated in significant ways, so that, even if it was not sufficient by itself, the affidavit as a whole provided probable cause for the search. "[A]n informant's detailed tip, plus independent police corroboration of those details, can compensate for deficiencies in either or both prongs of the Aguilar - Spinelli standard and thus satisfy the art. 14 probable cause requirement." Gonzalez , 90 Mass. App. Ct. at 103 (citation omitted).	1	1
Commonwealth v. Despergreen mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 2017–2017 2 sentences 2017As to the veracity prong, the warrant affidavit "did not contain the usual information from which it reasonably could be inferred that [CS1] was credible." Commonwealth v. Desper , 419 Mass. 163 , 166 (1994). 2017See Desper , 419 Mass. at 170 ("When a police officer relies on a 'controlled buy' to compensate for otherwise deficient information furnished by a confidential informant, the steps customary in a controlled buy should be taken").	1	1
Seymour v. City of Tacomagreen wash · 1893 · cited in 1 Massachusetts opinions naming this issue, 1995–1995	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
Commonwealth v. Upton green mass · 1983 2 sentences 2018We reiterate today, however, that each element of the test must be separately considered and satisfied or supplemented in some way." Commonwealth v. Upton , 394 Mass. 363 , 374-376 (1985), quoting from Commonwealth v. Upton , 390 Mass. 562 , 566, 568 (1983) (emphasis supplied). 2017Affidavits that rely on information obtained through a confidential informant must satisfy the two-pronged Aguilar - Spinelli test, which requires that the judge "be informed of (1) some of the underlying circumstances from which the informant concluded that the contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was 'credible' or his information 'reliable' (the veracity test)." Commonwealth v. Upton , 390 Mass. 562 , 566 (1983), quoting from Aguilar v. Texas , 378 U.S. 108 , 114	2	2017–2018
Commonwealth v. Anderson green mass · 2012 2 sentences 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9	1	2018–2018
Commonwealth v. Figueroa green massappct · 2009 2 sentences 2018See Commonwealth v. Alfonso A ., 438 Mass. 372 , 376, 780 N.E.2d 1244 (2003) ("Although police knowledge of the CI's 'identity' and 'whereabouts' would not be adequate standing alone to confirm the informant's reliability, it is a factor that weighs in 482 favor of reliability"); Commonwealth v. Figueroa , 74 Mass. App. Ct. 784 , 787, 911 N.E.2d 206 (2009) (information from first-time informant "ordinarily would not meet the veracity requirements imposed by art. 14"). 2018See Commonwealth v. Alfonso A ., 438 Mass. 372 , 376, 780 N.E.2d 1244 (2003) ("Although police knowledge of the CI's 'identity' and 'whereabouts' would not be adequate standing alone to confirm the informant's reliability, it is a factor that weighs in 482 favor of reliability"); Commonwealth v. Figueroa , 74 Mass. App. Ct. 784 , 787, 911 N.E.2d 206 (2009) (information from first-time informant "ordinarily would not meet the veracity requirements imposed by art. 14").	1	2018–2018
State v. Powell green tenncrimapp · 2000 1 sentence 2018See People v. Williams , 139 Mich. App. 104 , 108, 360 N.W.2d 585 (1984), overruled in part on other grounds, People v. Russo , 439 Mich. 584 , 603-604, 487 N.W.2d 698 (1992) ; State v. Powell , 53 S.W.3d 258 , 263 (Tenn. Crim.	1	2018–2018
Anderson v. Massachusetts green scotus · 2012 1 sentence 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9	1	2018–2018
Francois v. New York green scotus · 2012 1 sentence 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9	1	2018–2018
Powell v. Thaler green scotus · 2012 1 sentence 2018Under the Aguilar - Spinelli test, "[t]o establish the reliability of the information under art. 14 [of the Massachusetts Declaration of Rights], 'the Commonwealth must show the basis of knowledge of the source of the information (the basis of knowledge test) and the underlying circumstances demonstrating that the source of the information was credible or the information reliable (veracity test).' " Commonwealth v. Anderson , 461 Mass. 616 , 622, 963 N.E.2d 704 , cert. denied, 568 U.S. 946 , 133 S.Ct. 433 , 184 L.Ed.2d 265 (2012), quoting from Commonwealth v. Mubdi , 456 Mass. 385 , 395-396, 9	1	2018–2018
Commonwealth v. Pinto green mass · 2017 2 sentences 2018The judge recognized that in such circumstances, the CI's information must establish both the reliability and basis of knowledge prongs set forth under the Aguilar - Spinelli test. 3 The judge reasoned that " '[b]ecause the standard is reasonable suspicion rather than probable cause, a less rigorous showing in each of these areas is permissible' ... [and] independent police corroboration may 'make up for deficiencies in one or both of these factors.' " Commonwealth v. Pinto , 476 Mass. 361 , 364, 67 N.E.3d 713 (2017), quoting from Commonwealth v. Depina , 456 Mass. 238 , 243, 922 N.E.2d 778 (2 2018The judge recognized that in such circumstances, the CI's information must establish both the reliability and basis of knowledge prongs set forth under the Aguilar - Spinelli test. 3 The judge reasoned that " '[b]ecause the standard is reasonable suspicion rather than probable cause, a less rigorous showing in each of these areas is permissible' ... [and] independent police corroboration may 'make up for deficiencies in one or both of these factors.' " Commonwealth v. Pinto , 476 Mass. 361 , 364, 67 N.E.3d 713 (2017), quoting from Commonwealth v. Depina , 456 Mass. 238 , 243, 922 N.E.2d 778 (2	1	2018–2018
Commonwealth v. Warren green mass · 1994 2 sentences 2018See Aguilar v. Texas , 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) ; 481 Spinelli v. United States , 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). 3 "Where information from an unidentified informant is relied on to supply probable cause to search, art. 14 ... requires that the affidavit apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the i 2018See Aguilar v. Texas , 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) ; 481 Spinelli v. United States , 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). 3 "Where information from an unidentified informant is relied on to supply probable cause to search, art. 14 ... requires that the affidavit apprise the magistrate of (1) some of the underlying circumstances from which the informant concluded that contraband was where he claimed it was (the basis of knowledge test), and (2) some of the underlying circumstances from which the affiant concluded that the informant was credible or the i	1	2018–2018
Commonwealth v. Depina green mass · 2010 2 sentences 2018The judge recognized that in such circumstances, the CI's information must establish both the reliability and basis of knowledge prongs set forth under the Aguilar - Spinelli test. 3 The judge reasoned that " '[b]ecause the standard is reasonable suspicion rather than probable cause, a less rigorous showing in each of these areas is permissible' ... [and] independent police corroboration may 'make up for deficiencies in one or both of these factors.' " Commonwealth v. Pinto , 476 Mass. 361 , 364, 67 N.E.3d 713 (2017), quoting from Commonwealth v. Depina , 456 Mass. 238 , 243, 922 N.E.2d 778 (2 2018The judge recognized that in such circumstances, the CI's information must establish both the reliability and basis of knowledge prongs set forth under the Aguilar - Spinelli test. 3 The judge reasoned that " '[b]ecause the standard is reasonable suspicion rather than probable cause, a less rigorous showing in each of these areas is permissible' ... [and] independent police corroboration may 'make up for deficiencies in one or both of these factors.' " Commonwealth v. Pinto , 476 Mass. 361 , 364, 67 N.E.3d 713 (2017), quoting from Commonwealth v. Depina , 456 Mass. 238 , 243, 922 N.E.2d 778 (2	1	2018–2018
Commonwealth v. Donahue green mass · 2000 2 sentences 2017Rather, "affidavits for search warrants should be interpreted 'in a commonsense and realistic fashion,' " Commonwealth v. Donahue , 430 Mass. 710 , 712 (2000), quoting from United States v. Ventresca , 380 U.S. 102 , 108 (1965), and "read as a whole, not parsed, severed, and subjected to hypercritical analysis." Donahue , supra , quoting from Commonwealth v. Blake , 413 Mass. 823 , 827 (1992). 2017Rather, "affidavits for search warrants should be interpreted 'in a commonsense and realistic fashion,' " Commonwealth v. Donahue , 430 Mass. 710 , 712 (2000), quoting from United States v. Ventresca , 380 U.S. 102 , 108 (1965), and "read as a whole, not parsed, severed, and subjected to hypercritical analysis." Donahue , supra , quoting from Commonwealth v. Blake , 413 Mass. 823 , 827 (1992).	1	2017–2017
Commonwealth v. Grady green massappct · 1992 1 sentence 2017Though "[a]n arrest may turn out to be a dud, not resulting in a conviction, which would suggest that the underlying representation was awry," Commonwealth v. Shea , 28 Mass. App. Ct. 28 , 31 (1989), a seizure of contraband "is an indicator that the informant's report was accurate." Grady , supra . 5 Here, the CI's prior cooperation, which (among other things) resulted in an arrest and recovery of an illegal firearm, sufficed to meet the veracity prong of the Aguilar - Spinelli test.	1	2017–2017
United States v. Ventresca green scotus · 1965 1 sentence 2017Rather, "affidavits for search warrants should be interpreted 'in a commonsense and realistic fashion,' " Commonwealth v. Donahue , 430 Mass. 710 , 712 (2000), quoting from United States v. Ventresca , 380 U.S. 102 , 108 (1965), and "read as a whole, not parsed, severed, and subjected to hypercritical analysis." Donahue , supra , quoting from Commonwealth v. Blake , 413 Mass. 823 , 827 (1992).	1	2017–2017
Commonwealth v. Blake green mass · 1992 1 sentence 2017Rather, "affidavits for search warrants should be interpreted 'in a commonsense and realistic fashion,' " Commonwealth v. Donahue , 430 Mass. 710 , 712 (2000), quoting from United States v. Ventresca , 380 U.S. 102 , 108 (1965), and "read as a whole, not parsed, severed, and subjected to hypercritical analysis." Donahue , supra , quoting from Commonwealth v. Blake , 413 Mass. 823 , 827 (1992).	1	2017–2017
Commonwealth v. Shea green massappct · 1989 1 sentence 2017Though "[a]n arrest may turn out to be a dud, not resulting in a conviction, which would suggest that the underlying representation was awry," Commonwealth v. Shea , 28 Mass. App. Ct. 28 , 31 (1989), a seizure of contraband "is an indicator that the informant's report was accurate." Grady , supra . 5 Here, the CI's prior cooperation, which (among other things) resulted in an arrest and recovery of an illegal firearm, sufficed to meet the veracity prong of the Aguilar - Spinelli test.	1	2017–2017
Commonwealth v. Perez-Baez green mass · 1991 1 sentence 2017We acknowledge that the affidavit did not describe the previous cooperation between the CI and the police with the same level of detail as provided in Perez-Baez , supra at 45 n.2, and that such details can serve to strengthen the trustworthiness of an informant and ensure that the prior information was truthful.	1	2017–2017
Commonwealth v. Foster green mass · 2015 1 sentence 2017"Because a determination of probable cause is a conclusion of law, we review a search warrant affidavit de novo." Commonwealth v. Foster , 471 Mass. 236 , 242 (2015).	1	2017–2017

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 269, § 10 (3) MA § Mass. Gen. Laws ch. 94C, § 32E (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 34 (1993–2025) WA 30 (1982–2025) OR 21 (1983–2001) MA 21 (1983–2025) TN 12 (1998–2025) PA 9 (1983–2026) AK 9 (1987–2021) NM 6 (1992–2023) IN 4 (1985–2018) VT 4 (1995–2018) AZ 4 (1984–2014) AL 3 (1996–1998) MI 3 (1986–1993) TX 3 (1985–2007) IL 2 (1977–1980) NJ 2 (1998–2003) NC 2 (1984–1986) LA 2 (1984–1986) OK 2 (1971–1992) MN 2 (1984–1987)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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