The Escobedo Rule was a precursor to the Miranda rule which states that a statement by an unindicted, targeted suspect in police custody is inadmissible at trial unless the police warns the suspect of the right to remain silent and provides an opportunity to consult/retain legal counsel. Escobedo v. Illinois.
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.
