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., Case No. 09-11960-JNF) (Feeney, J.) contradicted the strict construction ruling of the state’s intermediary appellate court’s 1995 Spinelli decision and instead applied the later, liberal construction policy of the state supreme court’s 1996 Dwyer v. [read post]
9 Apr 2009, 4:11 pm
As longtime readers may recall, he was mentioned in Aaron Charney's complaint, in Charney v. [read post]
2 Nov 2010, 1:06 pm by Daniel Thies - Guest
For all the complexity of the statute at issue in United States v. [read post]
27 Apr 2009, 7:34 pm
Sieler, 95 Wn.2d 43, 621 P.2d 1272 (1980) and not the Aguilar-Spinelli test. [read post]
20 Jun 2011, 12:06 pm by Andrew Tidwell-Neal
  Currently, the law does not require the formalistic approach of the two-pronged Aguilar-Spinelli framework, rather a court will make a credibility determination based upon the totality of the circumstances surrounding the tip and the tipster, according to Illinois v. [read post]
28 Dec 2008, 6:25 am
December 19, 2008).* Informant here satisfied Tennessee's Aguilar/Spinelli. [read post]
21 May 2014, 4:35 pm by Stephen Bilkis
Under the Fourth Amendment it is unreasonable to seize evidence unless the evidence was within the plain view of the officer’s sight according to People v Spinelli, 35 NY2d 77 [1974] and the property was recovered as a result of an inventory search. [read post]
13 Mar 2023, 5:09 pm by Michael DelSignore
Regarding the sufficiency of particularity given in a 911 call to be the basis for a car stop, the recent case Commonwealth v. [read post]
11 Apr 2007, 6:37 am
Sigler, 406 F.2d 1264, 1268 (8th Cir. 1969)); Gates, 462 U.S. at 235 ("It is clear that 'only the probability, and not a prima facie showing, of criminal activity is the standard of probable cause.'" (quoting Spinelli v. [read post]
8 Jan 2009, 12:16 am
Michael Spinelli defendant-appellant NEW YORK COUNTYTortsSummary Judgment on Claims of Fraud Of Allegedly Fabricated Promissory Notes Denied Bank Hapoalim (Switzerland) Ltd v. [read post]