7 Ohio opinions name it 2 courts 1988–2025 2 in the last five years
The cases below were cited by Ohio 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.
| Case | Followed | Cited |
|---|---|---|
Aguilar v. Texasred2 sentences2009See Aguilar v. Texas (1964), 378 U.S. 108 ; Spinelli v. United States (1969), 393 U.S. 410 . 2009See Aguilar v. Texas (1964), 378 U.S. 108 ; Spinelli v. United States (1969), 393 U.S. 410 . | 2 | 3 |
Illinois v. Gatesgreen2 sentences2025Gates, 462 U.S. at 238 . 2008Aguilar at 114 ; Spinelli at 413 . *Page 8 {¶ 20} In Gates , supra, the court later favored a "totality of the circumstances" test for probable cause instead of merely applying the rigid Aguilar-Spinelli test, but specifically found that the Aguilar-Spinelli elements remain important guideposts. | 1 | 2 |
United States v. Ventrescagreen1 sentence2025United States v. Ventresca, 380 U.S. 102, 108 (1965); State v. Evans, 67 Ohio St.3d 405, 411 (1993). | 1 | 1 |
State v. Georgegreen2 sentences2025See George, 45 Ohio St.3d at 329 - 330 (discussing the “totality of the circumstances” test). {¶26} In Gates, the United States Supreme Court abandoned the Aguilar-Spinelli test in favor of a traditional “totality of the circumstances” test for probable cause. 2025See George, 45 Ohio St.3d at 329 - 330 (discussing the “totality of the circumstances” test). {¶26} In Gates, the United States Supreme Court abandoned the Aguilar-Spinelli test in favor of a traditional “totality of the circumstances” test for probable cause. | 1 | 1 |
State v. Evansgreen1 sentence2025United States v. Ventresca, 380 U.S. 102, 108 (1965); State v. Evans, 67 Ohio St.3d 405, 411 (1993). | 1 | 1 |
Florida v. Royergreen2 sentences2009See Florida v. Royer (1983), 460 U.S. 491 , 507 ("but the fact that the officers did not believe there was probable cause * * * would not foreclose the State from justifying [the defendant's] custody by proving probable cause"). {¶ 35} Walker further contends that the statements the trial court relied on to find probable cause away from the 152 Park Street address fail the Aguilar-Spinelli test. {¶ 36} Under the totality of the circumstances test, courts still look to the Aguilar-Spinelli cases to provide two important considerations when evaluating information in an affidavit gleaned from an 2009See Florida v. Royer (1983), 460 U.S. 491 , 507 ("but the fact that the officers did not believe there was probable cause * * * would not foreclose the State from justifying [the defendant's] custody by proving probable cause"). {¶ 35} Walker further contends that the statements the trial court relied on to find probable cause away from the 152 Park Street address fail the Aguilar-Spinelli test. {¶ 36} Under the totality of the circumstances test, courts still look to the Aguilar-Spinelli cases to provide two important considerations when evaluating information in an affidavit gleaned from an | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Spinelli v. United States
red
2 sentences2009See Aguilar v. Texas (1964), 378 U.S. 108 ; Spinelli v. United States (1969), 393 U.S. 410 . 2009See Aguilar v. Texas (1964), 378 U.S. 108 ; Spinelli v. United States (1969), 393 U.S. 410 . | 3 | 1988–2009 |
State v. Remy, Unpublished Decision (6-10-2004)
green
1 sentence2008The court stated that as far as "relevant considerations in the totality-of-the-circumstances analysis that traditionally has guided probable cause determinations: a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability." Gates at 233 (Citations omitted.) As a result, this court has stated, "While an informant's veracity, reliability, and basis of knowledge are relevant considerations in the totality of the circumstances analysis, they are not to be viewed as rigid requirements tha | 1 | 2008–2008 |
United States v. Harris
green
2 sentences2005(Citations omitted.) Thus, the elements of the Aguilar-Spinelli test remain relevant. {¶ 37} "A common and acceptable basis for the informant's information is his personal observation of the facts or events described to the affiant." State v. Karr (1975), 44 Ohio St.2d 163 , 165 ; United States v. Harris (1971), 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 . 2005(Citations omitted.) Thus, the elements of the Aguilar-Spinelli test remain relevant. {¶ 37} "A common and acceptable basis for the informant's information is his personal observation of the facts or events described to the affiant." State v. Karr (1975), 44 Ohio St.2d 163 , 165 ; United States v. Harris (1971), 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 . | 1 | 2005–2005 |
State v. Karr
green
2 sentences2005(Citations omitted.) Thus, the elements of the Aguilar-Spinelli test remain relevant. {¶ 37} "A common and acceptable basis for the informant's information is his personal observation of the facts or events described to the affiant." State v. Karr (1975), 44 Ohio St.2d 163 , 165 ; United States v. Harris (1971), 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 . 2005(Citations omitted.) Thus, the elements of the Aguilar-Spinelli test remain relevant. {¶ 37} "A common and acceptable basis for the informant's information is his personal observation of the facts or events described to the affiant." State v. Karr (1975), 44 Ohio St.2d 163 , 165 ; United States v. Harris (1971), 403 U.S. 573 , 91 S.Ct. 2075 , 29 L.Ed.2d 723 . | 1 | 2005–2005 |
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.
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.