DocketNumber: FILE No. 354
Citation Numbers: 387 A.2d 704, 34 Conn. Super. Ct. 666, 34 Conn. Supp. 666
Judges: PARSKEY, J.
Filed Date: 6/24/1977
Status: Precedential
Modified Date: 1/12/2023
The limited issue presented by this appeal is whether an affidavit based on uncorroborated eyewitness information supplied by a citizen victim is constitutionally sufficient to support an arrest warrant. On the basis of the affidavit in this case1 we hold that it is constitutionally sufficient.
We begin our discussion by noting certain fundamental propositions. First, the limited issue before the issuing magistrate is probable cause; United States v. Ventresca,
The fourth amendment of the constitution of the United States requires that before a warrant may issue the judicial officer issuing the warrant must be supplied with sufficient information to support an independent judgment that probable cause exists for its issuance. Whiteley v. Warden,
The reliability of the informant or his information may be determined in a variety of ways. If the informant is an anonymous tipster the affiant must assert either that he had previously supplied accurate information to law enforcement officers or that the affiant or other officers had corroborated the tipster's information. The unsupported assertion or belief of the investigating officer either in the tipster's reliability or in the reliability of his information will not suffice. Jones v. United States,
The factors in this case which meet the reliability test of Aguilar v. Texas, supra, are these: (1) the informant's name is given; (2) he is a private citizen; (3) his address is given; (4) he has asserted that he saw his next door neighbor, Julia Macri, the defendant, throw a rock through his bedroom window; (5) he gave a statement of the circumstances of the offense to the police; (6) the false reporting of an incident to a police officer is a criminal offense, General Statutes
There is no error.
In this opinion A. ARMENTANO and D. SHEA, Js., concurred.
United States of America Ex Rel. Nicholas Cardaio v. J. ... , 446 F.2d 632 ( 1971 )
Johnson v. United States , 68 S. Ct. 367 ( 1948 )
Brinegar v. United States , 69 S. Ct. 1302 ( 1949 )
Jones v. United States , 80 S. Ct. 725 ( 1960 )
Aguilar v. Texas , 84 S. Ct. 1509 ( 1964 )
United States v. Ventresca , 85 S. Ct. 741 ( 1965 )
Jaben v. United States , 85 S. Ct. 1365 ( 1965 )
Spinelli v. United States , 89 S. Ct. 584 ( 1969 )
Whiteley v. Warden, Wyoming State Penitentiary , 91 S. Ct. 1031 ( 1971 )