California, United States of America
The following excerpt is from Higgason v. Superior Court, 170 Cal.App.3d 929, 216 Cal.Rptr. 817 (Cal. App. 1985):
The court upheld the search warrant. As the phrase "totality of the circumstances" implies, the issues of "veracity," "reliability," and "basis of knowledge" are closely intertwined in making a probable cause determination. (See Illinois v. Gates, supra, 462 U.S. 213, 230, 103 S.Ct. 2317, 2327-2328, 76 L.Ed.2d 527, 543.) " '[V]eracity,' 'reliability,' and 'basis of knowledge' are weighed together with any other evidence that supports the finding of probable cause. They are viewed cumulatively, not as independent links in a chain. [Citation.]" (United States v. Estrada, supra, 733 F.2d 683, 685-686.)
Strong reliance was placed on the corroborative investigation by the police. "Our decisions applying the totality of circumstances analysis ... have consistently recognized the value of corroboration of details of an informant's tip by independent police work. In Jones v. United States [1960] 362 U.S. , 269, 80 S.Ct. ,
Page 820
The court found the law enforcement surveillance of the Gates substantially corroborated the anonymous letter. (See also Draper v. United States (1959) 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327.) The corroboration need not itself be criminal to be adequate. "In making a determination of probable cause the relevant inquiry is not whether particular conduct is 'innocent' or 'guilty,' but the degree of suspicion that attaches to particular types of non-criminal acts." (Illinois v. Gates, supra, 462 U.S. 213, 244, 103 S.Ct. 2317, 2335, 76 L.Ed.2d 527, 552, fn. 13.) At the same time, [170 Cal.App.3d 938] this passage cannot be divorced from the court's closing discussion about the specific showing in Gates. "[T]he anonymous letter contained a range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted." (Id., at p. 245, 103 S.Ct. 2317, 2335, 76 L.Ed.2d 527, 552.)
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