Spinelli test (Tennessee) · Go Syfert
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Spinelli test in Tennessee

12 Tennessee opinions name it 2 courts 1998–2025 3 in the last five years

The cases below were cited by Tennessee 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 (11)

CaseFollowedCited
State v. Jacumingreen
tenn · 1989 · cited in 7 Tennessee opinions naming this issue, 1998–2025
2 sentences

2025In 1989, in State v. Jacumin, 778 S.W.2d at 436 , the Tennessee Supreme Court declined to follow the Gates totality-of-the-circumstances analysis and chose to retain the Aguilar/Spinelli test to determine whether there was probable cause to support the issuance of a search warrant under Article I, Section 7 of the Tennessee Constitution.

2025The Jacumin court held that if the Aguilar/Spinelli test was “more in keeping with the specific requirement of Article 1, Section 7 of the Tennessee Constitution that a search warrant not issue ‘without evidence of the fact committed,’” so long as the test was “not applied hypertechnically[.]” Id.

67
Illinois v. Gatesgreen
scotus · 1983 · cited in 5 Tennessee opinions naming this issue, 2017–2025
2 sentences

2025App. 1991)). - 12 - In situations where an affidavit is based on the information provided by informants in the criminal milieu, our supreme court in Tuttle, abandoned the two-prong Aguilar/Spinelli test under the Tennessee Constitution in favor of a totality-of-the- circumstances approach as established in Illinois v. Gates, 462 U.S. 213, 230-31 (1983).

2017The Gates Court commented that the Aguilar/Spinelli test “ha[dj encouraged an excessively technical dissection of informants’ tips, with undue attention being focused on isolated issues that cannot sensibly be divorced from the other facts presented to the magistrate.” Id. at 234-35 , 103 S.Ct. 2317 .

25
State of Tennessee v. Jerry Lewis Tuttlegreen
tenn · 2017 · cited in 3 Tennessee opinions naming this issue, 2017–2024
2 sentences

2024State v. Tuttle, 515 S.W.3d 282, 305 (Tenn. 2017).

2020Tuttle, 515 S.W.3d at 289, 305, 307-08 .

23
State v. Henninggreen
tenn · 1998 · cited in 2 Tennessee opinions naming this issue, 2006–2017
2 sentences

2017Saine, 297 S.W.3d at 206 (stating that the task of the magistrate is to read the affidavit “in a commonsense and practical manner”); State v. Carter, 160 S.W.3d 526, 533 (Tenn. 2005) (same); Henning, 975 S.W.2d at 294 (same).

2006See State v. Henning, 975 S.W.2d 290, 295 (Tenn. 1998) (concluding that an affidavit sufficiently established the basis of an informant’s knowledge when it stated that the informant was in the presence of a subject who expressed a desire to purchase crack cocaine, that the informant went into the suspect’s residence, and the informant personally observed the suspect displaying cocaine); Moon, 841 S.W.2d 336, 339 (holding that the “basis of knowledge” prong was satisfied by the language “informant . . . had personally seen marijuana being used and/or displayed”); State v. Steve Cornell Snipes,

22
Spinelli v. United Statesred
scotus · 1969 · cited in 4 Tennessee opinions naming this issue, 2009–2025
2 sentences

2025This two-pronged test, known as the Aguilar/Spinelli test, originated from two United States Supreme Court cases—Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

2020This two-pronged test, known as the Aguilar/Spinelli test, consisting of a basis of knowledge prong and a veracity prong, originated from two United States Supreme Court cases--Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

14
State v. Cartergreen
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Saine, 297 S.W.3d at 206 (stating that the task of the magistrate is to read the affidavit “in a commonsense and practical manner”); State v. Carter, 160 S.W.3d 526, 533 (Tenn. 2005) (same); Henning, 975 S.W.2d at 294 (same).

11
State v. Sainegreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Saine, 297 S.W.3d at 206 (stating that the task of the magistrate is to read the affidavit “in a commonsense and practical manner”); State v. Carter, 160 S.W.3d 526, 533 (Tenn. 2005) (same); Henning, 975 S.W.2d at 294 (same).

11
State v. Odomgreen
tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015In addition, in his reply brief, the defendant also asserts for the first time that the affidavit did not establish “how long the nexus between the [defendant’s] house and the sale would persist.”1 When this court reviews a trial court’s ruling on a motion to suppress, “[q]uestions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact.” State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996).

11
State v. Lukegreen
tenncrimapp · 1998 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013See id. at 356-57 ; see also State v. Luke, 995 S.W.2d 630, 637 (Tenn. Crim.

11
State v. Melsongreen
tenn · 1982 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013See id. at 356-57 ; see also State v. Luke, 995 S.W.2d 630, 637 (Tenn. Crim.

11
State v. Moongreen
tenncrimapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2006–2006
1 sentence

2006See State v. Henning, 975 S.W.2d 290, 295 (Tenn. 1998) (concluding that an affidavit sufficiently established the basis of an informant’s knowledge when it stated that the informant was in the presence of a subject who expressed a desire to purchase crack cocaine, that the informant went into the suspect’s residence, and the informant personally observed the suspect displaying cocaine); Moon, 841 S.W.2d 336, 339 (holding that the “basis of knowledge” prong was satisfied by the language “informant . . . had personally seen marijuana being used and/or displayed”); State v. Steve Cornell Snipes,

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Aguilar v. Texas red
scotus · 1964
2 sentences

2025This two-pronged test, known as the Aguilar/Spinelli test, originated from two United States Supreme Court cases—Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

2020This two-pronged test, known as the Aguilar/Spinelli test, consisting of a basis of knowledge prong and a veracity prong, originated from two United States Supreme Court cases--Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969).

42009–2025
State of Tennessee v. Courtney Bishop green
tenn · 2014
2 sentences

2025In 2014, while Tennessee courts continued to apply the Aguilar/Spinelli test under the binding precedent of Jacumin, the Tennessee Supreme Court decided State v. Bishop, 431 S.W.3d at 22 .

2020In particular, the State asserts the trial court erred in ruling that Galbreath’s tip was not presumptively reliable pursuant to State v. Bishop, 431 S.W.3d at 22 , and the two-pronged Aguilar/Spinelli test in State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989).

22020–2025
State v. Smotherman green
tenn · 2006
1 sentence

2017Aguilar, 378 U.S. at 114 , 84 S.Ct. 1509 ; Spinelli, 393 U.S. at 415-16 , 89 S.Ct. 584 ; Smotherman, 201 S.W.3d at 662 ; Cauley, 863 S.W.2d at 417 ; Jacumin, 778 S.W.2d at 432, 436 .

12017–2017
State v. Cauley green
tenn · 1993
1 sentence

2017Aguilar, 378 U.S. at 114 , 84 S.Ct. 1509 ; Spinelli, 393 U.S. at 415-16 , 89 S.Ct. 584 ; Smotherman, 201 S.W.3d at 662 ; Cauley, 863 S.W.2d at 417 ; Jacumin, 778 S.W.2d at 432, 436 .

12017–2017
Adams v. Williams green
scotus · 1972
1 sentence

2017The Gates Court commented that the Aguilar/Spinelli test “ha[dj encouraged an excessively technical dissection of informants’ tips, with undue attention being focused on isolated issues that cannot sensibly be divorced from the other facts presented to the magistrate.” Id. at 234-35 , 103 S.Ct. 2317 .

12017–2017

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-17-417 (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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