ILLINOIS

v.

GATES ET UX.

Citator

Cited By (22 total)

• Vasquez v. State, 491 So. 2d 297 (Fla. 3d DCA 1986)
  …he cocaine test was positive. These facts form an insufficient predicate for the issuance of a search warrant under the “totality of the circumstances test” enunciated in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527, reh’g denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983). In Gates, the United States Supreme Court abandoned the rigid “two-pronged test” established in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 703 (1964), and Spinelli v. United States, 393 U.S. 410,…
• State v. Enstice, 573 So. 2d 340 (Fla. 5th DCA 1990)
  …ed with making “a practical, common sense decision whether there is a ‘fair probability’ that evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238-239, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527, 548, reh. denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983); Schmitt v. State, 563 So. 2d 1095 (Fla. 4th DCA 1990) (warrant held sufficient for search of residence for pornographic photographs of children). In granting the suppression order, the trial court identified t…

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• State v. Gifford, 558 So. 2d 444 (Fla. 4th DCA 1990)
  …trumentality of the offense by both victims was found at appellee’s residence. This is much more than a mere suspicion lacking articulable facts or a bare conclusion. See Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527, reh’g denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983). While it would have been theoretically more pristine for the officer to follow protocol, especially given the illegality of the initial arrest, the sequence of events and totality of the circumstances were suc…

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