Criminal Procedure1-DD-Mini Outline

Criminal Procedure1-DD-Mini Outline - Criminal Procedure...

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Criminal Procedure Illinois v. Gates- totality Abundance of one prong may overcome the absence of another. Augilar/ Spinelli Test 1. Basis of Information 2. Veracity Ways to cure defects: Ny rejects Draper - Corroboration- Spinelli says it must be a criminal detail for basis of knowledge. Elwell with a non warrant only criminal detail or non criminal that is related to criminal activity. With a warrant ok criminal or non criminal Draper lets criminal or non criminal detail cure Veracity defect is cured under Spinelli and elwell if criminal or non-criminal. - self-verifying criminal detail- Spinelli only lets criminal detail cure ( Draper lets any detail cure) (elwell lets non- criminal detail that suggests CI is an insider only criminal detail.) for basis of knowledge defect. Veracity: Detail cannot cure veracity defect! - declaration against penal interest- cures veracity but not basis of knowledge - swearing under oath- cures veracity but not Basis of Knowledge People v. Elwell 5 Rules- NY rejects Draper v. US Corroboration of non-criminal detail is insufficient to cure a basis of information defect
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