What is the legal test for probable cause based on an informant's tip?

California, United States of America


The following excerpt is from People v. Brueckner, 223 Cal.App.3d 1500, 273 Cal.Rptr. 292 (Cal. App. 1990):

Probable cause based on an informant's tip is evaluated under a "totality-of-the-circumstances" test. (Illinois v. Gates (1983) 462 U.S. 213, 230, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527; People v. Medina (1985) 165 Cal.App.3d 11, 17, 211 Cal.Rptr. 216.) Where an "unquestionably honest citizen comes forward with a report of criminal activity--which if fabricated would subject him to criminal liability-- ... rigorous scrutiny of the basis of his knowledge [is] unnecessary. [Citation.] Conversely, even if ... some doubt [exists] as to an informant's motives, his explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles his tip to greater weight than might otherwise be the case." (Id. 462 U.S. at pp. 233-234, 103 S.Ct. at p. 2330.)

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