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Criminal Procedure Keyed to Dressler
Illinois v. Gate
Citation:
462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527.Facts
On May 3, 1978, the police received by mail an anonymous handwritten letter which stated that there is “a couple in your town who strictly make their living on selling drugs.” The letter described an elaborate drug scheme and claimed that the defendants brag about the fact they never have to work. Based on the letter, officers conducted their own investigation and received corroborating evidence. They received a search warrant to search the defendants’ car and home and uncovered approximately 350 pounds of marijuana. The defendants were arrested and charged with violations of state drug laws.
The trial court granted the defendants’ motion to suppress the evidence, and the Illinois Supreme Court affirmed, holding that the search was invalid because the letter did not provide probable cause to believe contraband would be found in the defendants’ car and home. The lower court considered only the informer’s basis of knowledge and credibility.
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