Aguilar-Spinelli (2-Prong Test) Magistrate must receive:
1. Crediable Information (from)
2. Reliable Informant
Modern Test (Use on Bar Exams) – Ill. v Gates (PC established based on the Totality of the Circumstances)
1. Credable Information
2. Reliable Informant
3. Police Collaboration
4. Declaration Against Interest
Under the due process clause of the 14th amendment, confessions must be voluntary. The totality of the circumstances must be considered while taking into account of the suspect’s age, education, and physical & mental condition plus the setting, duration, and manner of police interrogation. Spano v. New York 360 U.S. 315 (1959) is governed by this rule.
The 5th amendment is applied to the states through the 14th amendment and provides that no person “shall be compelled to be a witness against himself …” The could held this view in Miranda v. Arizona 384 U.S. 436 (1966)
