Aguilar test in Louisiana

7 Louisiana opinions name it 2 courts 1980–1985 0 in the last five years

The cases below were cited by Louisiana 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 (1)

Case	Followed	Cited
Spinelli v. United Statesred scotus · 1969 · cited in 2 Louisiana opinions naming this issue, 1982–1983 2 sentences 1983See Justice White's concurring opinion in Spinelli v. United States, 393 U.S. 410, 423 , 89 S.Ct. 584, 592 , 21 L.Ed.2d 637 (1969), for a rejection of the proposition that the corroboration of nine innocent facts enhances the trustworthiness of the tenth unverified fact where the tenth fact is the crucial one which cannot be inferred from the other nine. 1983See Justice White's concurring opinion in Spinelli v. United States, 393 U.S. 410, 423 , 89 S.Ct. 584, 592 , 21 L.Ed.2d 637 (1969), for a rejection of the proposition that the corroboration of nine innocent facts enhances the trustworthiness of the tenth unverified fact where the tenth fact is the crucial one which cannot be inferred from the other nine.	1	2

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
State v. Caballero neutral lactapp · 1985 2 sentences 1985The Louisiana Fourth Circuit Court in State v. Caballero, 464 So.2d 939 (La.App. 4th Cir.1985), (defendant's appeal of the New Orleans conviction related to this case) applied the Ruffin analysis to defendant's appeal of his conviction in Orleans Parish. 1985The Louisiana Fourth Circuit Court in State v. Caballero, 464 So.2d 939 (La.App. 4th Cir.1985), (defendant's appeal of the New Orleans conviction related to this case) applied the Ruffin analysis to defendant's appeal of his conviction in Orleans Parish.	1	1985–1985
Illinois v. Gates green scotus · 1983 2 sentences 1984Illinois v. Gates, ___ U.S. ___, 103 S.Ct. 2317, 2329 , 76 L.Ed.2d 527 (1983). 1984Illinois v. Gates, ___ U.S. ___, 103 S.Ct. 2317, 2329 , 76 L.Ed.2d 527 (1983).	1	1984–1984
State v. Paciera green la · 1974 2 sentences 1983In State v. Paciera, 290 So.2d 681 (La.1974), the Louisiana Supreme Court, in applying the Aguilar standard, stated the following: “If we can deduce a rule from these cases, it is this: The affidavit submitted to the magistrate may be based entirely upon hearsay, but, if so, it must set forth underlying circumstances and details sufficient to provide a substantial factual basis by which the magistrate might find reliable both the informant and the information given by him. 1983In State v. Paciera, 290 So.2d 681 (La.1974), the Louisiana Supreme Court, in applying the Aguilar standard, stated the following: “If we can deduce a rule from these cases, it is this: The affidavit submitted to the magistrate may be based entirely upon hearsay, but, if so, it must set forth underlying circumstances and details sufficient to provide a substantial factual basis by which the magistrate might find reliable both the informant and the information given by him.	1	1983–1983
McCray v. Illinois green scotus · 1967 2 sentences 1983McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967). [3] The veracity factor of the Aguilar test may be met in a variety of ways. 1983McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967). [3] The veracity factor of the Aguilar test may be met in a variety of ways.	1	1983–1983
United States v. Harris green scotus · 1971 2 sentences 1983Among the methods most often suggested are past performance of the informant, McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967); admissions against the interest of the informant, United States v. Harris, 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 (1971) (declaration that informant had recently purchased illicit whiskey from within named residence); and the inherent credibility of the provider of information (for example, information provided by a citizen witness to a crime contrasted with information provided by a paid informer close to criminal activity). 1983Among the methods most often suggested are past performance of the informant, McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967); admissions against the interest of the informant, United States v. Harris, 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 (1971) (declaration that informant had recently purchased illicit whiskey from within named residence); and the inherent credibility of the provider of information (for example, information provided by a citizen witness to a crime contrasted with information provided by a paid informer close to criminal activity).	1	1983–1983
State v. Tate green la · 1981 2 sentences 1982However, this Court has held that when an informant's statement fails to meet the "two-pronged test" in Aguilar , the affidavit may nevertheless be sufficient if there is enough information in the application to permit "the suspicion engendered by the informant's report to ripen into a judgment that a crime was probably being committed." Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969); State v. Tate, 407 So.2d 1133 (1981). 1982However, this Court has held that when an informant's statement fails to meet the "two-pronged test" in Aguilar , the affidavit may nevertheless be sufficient if there is enough information in the application to permit "the suspicion engendered by the informant's report to ripen into a judgment that a crime was probably being committed." Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969); State v. Tate, 407 So.2d 1133 (1981).	1	1982–1982
State v. Baker green la · 1980 2 sentences 1981State v. Baker, 389 So.2d 1289 (La.1980). 1981State v. Baker, 389 So.2d 1289 (La.1980).	1	1981–1981
State v. Richards green la · 1978 2 sentences 1980State v. Richards, supra ; State v. Williams, supra . 1980State v. Richards, supra ; State v. Williams, supra .	1	1980–1980
State v. Williams green la · 1976 2 sentences 1980State v. Richards, supra ; State v. Williams, supra . 1980State v. Richards, supra ; State v. Williams, supra .	1	1980–1980

Statutes the citing opinions construe

LA § La. Rev. Stat. § 40:967 (5)

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

TX 59 (1969–2021) CA 42 (1969–2026) IL 38 (1970–2024) MA 31 (1975–2023) NY 18 (1975–1994) PA 15 (1972–1983) MN 15 (1977–2024) WI 11 (1972–2009) WA 8 (1973–2017) AZ 8 (1972–2017) OH 8 (1974–2018) AL 8 (1979–1993) HI 7 (1973–2020) LA 7 (1980–1985) NC 7 (1974–1983) CT 6 (1975–1990) SD 6 (1975–2006) MI 6 (1977–1986) FL 5 (1981–2018) MS 5 (1972–2002) NM 4 (1978–2025) OR 4 (1970–1974) VA 4 (1972–2024) DC 3 (1977–1978) AK 3 (1975–1985) MO 3 (1976–1990) IA 3 (1976–1982) AR 3 (1979–1986) TN 2 (1982–2005) RI 2 (1975–1997) MD 2 (1973–1974) NE 2 (1972–1981) ID 2 (1979–1980) IN 2 (2009–2013) NJ 2 (1991–2022)

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.

← Caselaw search · G Cite Topics · Brief Check