Aguilar-Spinelli test in Massachusetts

2025The veracity prong of the Aguilar-Spinelli standard may be met by showing "some of the underlying circumstances from which the affiant concluded that the informant was 'credible' or his information 'reliable . . . .'" Upton, 394 Mass. at 375 .

2025The veracity prong of the Aguilar-Spinelli standard may be met by showing "some of the underlying circumstances from which the affiant concluded that the informant was 'credible' or his information 'reliable . . . .'" Upton, 394 Mass. at 375 .

2025Finally, we are not persuaded that the judge erred in denying the defendant's motion to suppress the evidence seized by the State police because (1) the affidavits supporting 10 the search warrants failed to satisfy the "veracity" prong of the Aguilar-Spinelli test as to the CI on whom the State police relied, see Aguilar v. Texas, 378 U.S. 108, 114-115 (1964); Spinelli v. United States, 393 U.S. 410, 415-416 (1969); (2) the affidavits failed to establish an adequate nexus between the defendant's drug distribution and his home; or (3) the affidavits failed to establish a timely nexus between t

2025Finally, we are not persuaded that the judge erred in denying the defendant's motion to suppress the evidence seized by the State police because (1) the affidavits supporting 10 the search warrants failed to satisfy the "veracity" prong of the Aguilar-Spinelli test as to the CI on whom the State police relied, see Aguilar v. Texas, 378 U.S. 108, 114-115 (1964); Spinelli v. United States, 393 U.S. 410, 415-416 (1969); (2) the affidavits failed to establish an adequate nexus between the defendant's drug distribution and his home; or (3) the affidavits failed to establish a timely nexus between t

2025Finally, we are not persuaded that the judge erred in denying the defendant's motion to suppress the evidence seized by the State police because (1) the affidavits supporting 10 the search warrants failed to satisfy the "veracity" prong of the Aguilar-Spinelli test as to the CI on whom the State police relied, see Aguilar v. Texas, 378 U.S. 108, 114-115 (1964); Spinelli v. United States, 393 U.S. 410, 415-416 (1969); (2) the affidavits failed to establish an adequate nexus between the defendant's drug distribution and his home; or (3) the affidavits failed to establish a timely nexus between t

2025Finally, we are not persuaded that the judge erred in denying the defendant's motion to suppress the evidence seized by the State police because (1) the affidavits supporting 10 the search warrants failed to satisfy the "veracity" prong of the Aguilar-Spinelli test as to the CI on whom the State police relied, see Aguilar v. Texas, 378 U.S. 108, 114-115 (1964); Spinelli v. United States, 393 U.S. 410, 415-416 (1969); (2) the affidavits failed to establish an adequate nexus between the defendant's drug distribution and his home; or (3) the affidavits failed to establish a timely nexus between t

2025To establish probable cause based solely on information provided by a confidential informant, the Commonwealth must satisfy the familiar Aguilar-Spinelli test by "demonstrat[ing] some of the underlying circumstances from which (a) the informant gleaned his information (the 'basis of knowledge' test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the 'veracity' test)." Commonwealth v. Tapia, 463 Mass. 721, 729 (2012), quoting Commonwealth v. Cast, 407 Mass. 891, 896 (1990).

2025To establish probable cause based solely on information provided by a confidential informant, the Commonwealth must satisfy the familiar Aguilar-Spinelli test by "demonstrat[ing] some of the underlying circumstances from which (a) the informant gleaned his information (the 'basis of knowledge' test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the 'veracity' test)." Commonwealth v. Tapia, 463 Mass. 721, 729 (2012), quoting Commonwealth v. Cast, 407 Mass. 891, 896 (1990).

2012See Spinelli v. United States, 393 U.S. 410 (1969); Aguilar v. Texas, 378 U.S. 108 (1964). “[T]he Commonwealth must demonstrate some of the underlying circumstances from which (a) the informant gleaned his information (the ‘basis of knowledge’ test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the ‘veracity’ test).” Commonwealth v. Cast, 407 Mass. 891, 896 (1990). 16 Both prongs “must be separately considered and satisfied.” Commonwealth v. Parapar, 404 Mass. 319, 321 (1989).

2012See Spinelli v. United States, 393 U.S. 410 (1969); Aguilar v. Texas, 378 U.S. 108 (1964). “[T]he Commonwealth must demonstrate some of the underlying circumstances from which (a) the informant gleaned his information (the ‘basis of knowledge’ test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the ‘veracity’ test).” Commonwealth v. Cast, 407 Mass. 891, 896 (1990). 16 Both prongs “must be separately considered and satisfied.” Commonwealth v. Parapar, 404 Mass. 319, 321 (1989).

2025See Illinois v. Gates, 462 U.S. 213, 238-239 (1983) (abandoning "rigid" two-pronged Aguilar-Spinelli test in favor of "totality of the circumstances" test).

2001App. 1979), cert, denied, Ex parte Yielding, 371 So. 2d 962 (Ala. 1979) 10 ; State v. Jeffcoat, 403 So. 2d 1227, 1229-1230 (La. 1981) (court noted that some items described by the informant, and confirmed by police as having been taken in two different burglaries, were “unusual,” e.g., a rug [in fact, a tapestry] showing deer drinking from a stream and an “old time” cap and ball pistol); State v. Ballard, 836 S.W.2d 560, 562-563 (Tenn. 1992) (unique charm from a bracelet in the shape of a gold outhouse with a little man sitting inside was described by both the informant and the victim); People

2012“However, an 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 [of the Massachusetts Declaration of Rights] probable cause requirement.” Id.

2012“However, an 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 [of the Massachusetts Declaration of Rights] probable cause requirement.” Id.

2002“We think that this level of past assistance standing alone satisfies the veracity.prong of the Aguilar-Spinelli standard.” Id. at 71 .

2002“We think that this level of past assistance standing alone satisfies the veracity.prong of the Aguilar-Spinelli standard.” Id. at 71 .

1994Commonwealth v. Bakoian, 412 Mass. 295, 301 (1992), citing Commonwealth v. Atchue, 393 Mass. 343, 347 (1984). i.Anonymous Tip The anonymous tip received by the Cape Ann Drug Task Force fails both prongs of the Aguilar-Spinelli test.

1994Commonwealth v. Bakoian, 412 Mass. 295, 301 (1992), citing Commonwealth v. Atchue, 393 Mass. 343, 347 (1984). i.Anonymous Tip The anonymous tip received by the Cape Ann Drug Task Force fails both prongs of the Aguilar-Spinelli test.

2023Moreover, "[i]ndependent police corroboration may make up for deficiencies in one or both of [the Aguilar-Spinelli] factors." Lyons, supra. As noted, the judge here concluded that the CI's tip did not satisfy the Aguilar-Spinelli test, but nonetheless found that the detectives' observations overcame the tip's deficiencies by corroborating the repetitive, brief, and nonvisible nature of the visits.

2023Moreover, "[i]ndependent police corroboration may make up for deficiencies in one or both of [the Aguilar-Spinelli] factors." Lyons, supra. As noted, the judge here concluded that the CI's tip did not satisfy the Aguilar-Spinelli test, but nonetheless found that the detectives' observations overcame the tip's deficiencies by corroborating the repetitive, brief, and nonvisible nature of the visits.

2025To establish probable cause based solely on information provided by a confidential informant, the Commonwealth must satisfy the familiar Aguilar-Spinelli test by "demonstrat[ing] some of the underlying circumstances from which (a) the informant gleaned his information (the 'basis of knowledge' test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the 'veracity' test)." Commonwealth v. Tapia, 463 Mass. 721, 729 (2012), quoting Commonwealth v. Cast, 407 Mass. 891, 896 (1990).

2025To establish probable cause based solely on information provided by a confidential informant, the Commonwealth must satisfy the familiar Aguilar-Spinelli test by "demonstrat[ing] some of the underlying circumstances from which (a) the informant gleaned his information (the 'basis of knowledge' test), and (b) the law enforcement officials could have concluded the informant was credible or reliable (the 'veracity' test)." Commonwealth v. Tapia, 463 Mass. 721, 729 (2012), quoting Commonwealth v. Cast, 407 Mass. 891, 896 (1990).

2025“Independent police corroboration may make up for deficiencies in one or both prongs of the Aguilar-Spinelli analysis.” Id., citing Commonwealth v. Depiero, 473 Mass. 450, 454 (2016).

2025“Independent police corroboration may make up for deficiencies in one or both prongs of the Aguilar-Spinelli analysis.” Id., citing Commonwealth v. Depiero, 473 Mass. 450, 454 (2016).

2016To satisfy this standard, “[t]he Commonwealth must (1) demonstrate the basis of the informant’s information and (2) put forward sufficient indicia of veracity to justify probable cause.” Commonwealth v. Crawford, 410 Mass. 75, 78 (1991). “[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.” Welch, supra at 651 . “[T]he Aguilar-Spinelli test is not to be applied ‘hypertechnically.’ Rather, we consider whether, taken

2016To satisfy this standard, “[t]he Commonwealth must (1) demonstrate the basis of the informant’s information and (2) put forward sufficient indicia of veracity to justify probable cause.” Commonwealth v. Crawford, 410 Mass. 75, 78 (1991). “[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.” Welch, supra at 651 . “[T]he Aguilar-Spinelli test is not to be applied ‘hypertechnically.’ Rather, we consider whether, taken

2014L. c. 276, § 2B. 6 “Under the Aguilar-Spinelli standard, if an affidavit is based on information from an unknown informant, the magistrate must 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).” Id. at 374-375 (quotations and citations omitted). “[0]ur inquiry as to the sufficiency of the search warrant application

2014L. c. 276, § 2B. 6 “Under the Aguilar-Spinelli standard, if an affidavit is based on information from an unknown informant, the magistrate must 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).” Id. at 374-375 (quotations and citations omitted). “[0]ur inquiry as to the sufficiency of the search warrant application

2016Under the Aguilar-Spinelli test, “[t]o establish the reliability of the information under art. 14 ..., ‘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).’ ” Anderson, 461 Mass. at 622 , quoting Lopes, supra at 155-156 .

2016Under the Aguilar-Spinelli test, “[t]o establish the reliability of the information under art. 14 ..., ‘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).’ ” Anderson, 461 Mass. at 622 , quoting Lopes, supra at 155-156 .

1992Because there are no meaningful distinctions between the facts in the present case and the facts in Commonwealth v. Rojas, 403 Mass. 483 (1988), we conclude that the information in the affidavit was insufficient to satisfy the veracity test of the Aguilar-Spinelli standard, and that the tips did not cure the deficiency. 3 In Rojas , the affidavit essentially stated that a confidential informant, who had previously provided information which led to a drug-related arrest, reported that the defendant was dealing cocaine from his apartment, using a “pager” and his automobile to distribute the coca

1992Because there are no meaningful distinctions between the facts in the present case and the facts in Commonwealth v. Rojas, 403 Mass. 483 (1988), we conclude that the information in the affidavit was insufficient to satisfy the veracity test of the Aguilar-Spinelli standard, and that the tips did not cure the deficiency. 3 In Rojas , the affidavit essentially stated that a confidential informant, who had previously provided information which led to a drug-related arrest, reported that the defendant was dealing cocaine from his apartment, using a “pager” and his automobile to distribute the coca

2016See Commonwealth v. Germain, 396 Mass. 413, 418 (1985) (defendant’s record of recent convictions for similar crimes indicates reliability of anonymous tip under Aguilar-Spinelli analysis).

1988See Commonwealth v. Germain, 396 Mass. 413,418 (1985) (police investigation corroborated informant’s tip); 6 Commonwealth v. Atchue, supra (fact informant was identified carried indicia of reliability). *488 The information given by the citizen also fails to satisfy the veracity prong of the Aguilar-Spinelli test.

2020See Commonwealth v. Manha, 479 Mass. 44, 46 (2018) ("To determine whether the transmitted information provided by a 911 caller is sufficiently reliable to support reasonable suspicion, we apply the two-pronged Aguilar-Spinelli test; that is, we look to the caller's basis for knowledge as well as the veracity of the source of the information.").

2020See Commonwealth v. Manha, 479 Mass. 44, 46 (2018) ("To determine whether the transmitted information provided by a 911 caller is sufficiently reliable to support reasonable suspicion, we apply the two-pronged Aguilar-Spinelli test; that is, we look to the caller's basis for knowledge as well as the veracity of the source of the information.").

2024Based on the information provided by the informant and their own observations, the police could infer [which apartment] the defendant was dealing drugs from." Commonwealth v. Warren, 418 Mass. 86, 90 (1994). 2 In any event, the defendant does not grapple with the fact that, even if the information from the CI about earlier purchases from "Maino" were excised from the affidavit because it did not meet the Aguilar-Spinelli test, see Commonwealth v. Webster, 75 Mass. App. Ct. 247 , 256 n.9 (2009), probable cause to search apartment 2L remained given the two controlled buys made in that apartment

2024Based on the information provided by the informant and their own observations, the police could infer [which apartment] the defendant was dealing drugs from." Commonwealth v. Warren, 418 Mass. 86, 90 (1994). 2 In any event, the defendant does not grapple with the fact that, even if the information from the CI about earlier purchases from "Maino" were excised from the affidavit because it did not meet the Aguilar-Spinelli test, see Commonwealth v. Webster, 75 Mass. App. Ct. 247 , 256 n.9 (2009), probable cause to search apartment 2L remained given the two controlled buys made in that apartment

2016The informant told Gonzalez that the defendant ‘“was selling heroin out . . . of the aforementioned address.” To assess the probative value of this statement, we turn to the Aguilar-Spinelli test. ‘“For statements of confidential informants to be used in the assessment of probable cause under art. 14, the Commonwealth must satisfy the Aguilar-Spinelli test.” Tapia, 463 Mass. at 729 . ‘“[Article] 14 requires that the affidavit apprise the magistrate of some facts and circumstances showing both (1) the basis of the informant’s knowledge, and (2) the credibility of the informant or the reliabilit

2016The informant told Gonzalez that the defendant ‘“was selling heroin out . . . of the aforementioned address.” To assess the probative value of this statement, we turn to the Aguilar-Spinelli test. ‘“For statements of confidential informants to be used in the assessment of probable cause under art. 14, the Commonwealth must satisfy the Aguilar-Spinelli test.” Tapia, 463 Mass. at 729 . ‘“[Article] 14 requires that the affidavit apprise the magistrate of some facts and circumstances showing both (1) the basis of the informant’s knowledge, and (2) the credibility of the informant or the reliabilit

1995Alabama v. White, 496 U.S. 325 , 110 S.Ct. 2412, 2415 (1990) (threshold inquiry based on anonymous tip and corroboration was justified); Commonwealth v. Anderson, 366 Mass. 394, 399 (1974) (anonymous informant’s written message handed to police officer justified stopping defendant because the indicia of reliability need not meet the two-pronged Aguilar-Spinelli test which establishes probable cause to arrest).

1995Alabama v. White, 496 U.S. 325 , 110 S.Ct. 2412, 2415 (1990) (threshold inquiry based on anonymous tip and corroboration was justified); Commonwealth v. Anderson, 366 Mass. 394, 399 (1974) (anonymous informant’s written message handed to police officer justified stopping defendant because the indicia of reliability need not meet the two-pronged Aguilar-Spinelli test which establishes probable cause to arrest).

1992The affiant further states that “19 Dakota Street appears exactly as ‘It’ describes: light green in color, at least three apartments and of wooden construction.” Recognizing our duty to evaluate affidavits in a commonsense and realistic fashion, rather than a hypertechnical manner (Commonwealth v. Stewart, 358 Mass. 747, 750 [1971]), we conclude that this affidavit does not pass muster under the Aguilar-Spinelli standard.

1992The affiant further states that “19 Dakota Street appears exactly as ‘It’ describes: light green in color, at least three apartments and of wooden construction.” Recognizing our duty to evaluate affidavits in a commonsense and realistic fashion, rather than a hypertechnical manner (Commonwealth v. Stewart, 358 Mass. 747, 750 [1971]), we conclude that this affidavit does not pass muster under the Aguilar-Spinelli standard.

1998In reviewing an affidavit under the Aguilar-Spinelli standard, “our attitude . . . should not be a grudging or negative one and . . . we should give great deference to the magistrate’s determination of probable cause.” Commonwealth v. Upton, 394 Mass. at 377 . “[T]he resolution of doubtful or marginal cases . . . should be largely determined by the preference to be accorded to warrants.” Commonwealth v. Atchue, 393 Mass. at 346 , quoting from United States v. Ventresca, 380 U.S. 102, 108-109 (1965).

1991United States v. Ven-tresca, 380 U.S. 102, 109 (1965).

1997Commonwealth v. Cast, 407 Mass. 891, 896 (1990); Commonwealth v. Bottari, 395 Mass. 777, 783 (1985).

1997Commonwealth v. Cast, 407 Mass. 891, 896 (1990); Commonwealth v. Bottari, 395 Mass. 777, 783 (1985).

1992“However, an informant’s detailed tip, plus independent police corroboration of those details, of the type that occurred in Draper v. United States, [ 358 U.S. 307 (1959)], can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli standard, and thus satisfy the art. 14 probable cause requirement.

1992“However, an informant’s detailed tip, plus independent police corroboration of those details, of the type that occurred in Draper v. United States, [ 358 U.S. 307 (1959)], can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli standard, and thus satisfy the art. 14 probable cause requirement.

1998In reviewing an affidavit under the Aguilar-Spinelli standard, “our attitude . . . should not be a grudging or negative one and . . . we should give great deference to the magistrate’s determination of probable cause.” Commonwealth v. Upton, 394 Mass. at 377 . “[T]he resolution of doubtful or marginal cases . . . should be largely determined by the preference to be accorded to warrants.” Commonwealth v. Atchue, 393 Mass. at 346 , quoting from United States v. Ventresca, 380 U.S. 102, 108-109 (1965).

1994Commonwealth v. Bakoian, 412 Mass. 295, 301 (1992), citing Commonwealth v. Atchue, 393 Mass. 343, 347 (1984). i.Anonymous Tip The anonymous tip received by the Cape Ann Drug Task Force fails both prongs of the Aguilar-Spinelli test.

2018Where an investigatory stop is based on a tip supplied by a confidential informant, that tip must establish both the reliability and basis of knowledge prongs set forth under the Aguilar-Spinelli test. 6 Since the information here was used to execute an investigatory stop requiring 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 (2017) (quotations omitted).

2018Where an investigatory stop is based on a tip supplied by a confidential informant, that tip must establish both the reliability and basis of knowledge prongs set forth under the Aguilar-Spinelli test. 6 Since the information here was used to execute an investigatory stop requiring 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 (2017) (quotations omitted).

2017Commonwealth v. Montanez, 410 Mass. 290 , 299- 300 (1991).

2007See Commonwealth v. Montanez, 410 Mass. 290, 299-300 (1991) (“basis of knowledge” prong of Aguilar-Spinelli test satisfied where the informant saw and bought cocaine).

2016To satisfy this standard, “[t]he Commonwealth must (1) demonstrate the basis of the informant’s information and (2) put forward sufficient indicia of veracity to justify probable cause.” Commonwealth v. Crawford, 410 Mass. 75, 78 (1991). “[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.” Welch, supra at 651 . “[T]he Aguilar-Spinelli test is not to be applied ‘hypertechnically.’ Rather, we consider whether, taken

2016To satisfy this standard, “[t]he Commonwealth must (1) demonstrate the basis of the informant’s information and (2) put forward sufficient indicia of veracity to justify probable cause.” Commonwealth v. Crawford, 410 Mass. 75, 78 (1991). “[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.” Welch, supra at 651 . “[T]he Aguilar-Spinelli test is not to be applied ‘hypertechnically.’ Rather, we consider whether, taken