John Marshall Harlan II,
Aguilar v. Texas — Concurrence
“ At trial petitioner objected to the introduction into evidence of the heroin obtained through execution of the search warrant on the ground that the affidavit was 'nothing more than hearsay.' The Court holds the affidavit insufficient and sets aside the conviction on the basis of two cases, neither of which is controlling. ”
John Marshall Harlan II,
Aguilar v. Texas — Concurrence
“ But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability. The rule of probable cause is a practical, nontechnical conception affording the best compromise that has been found for accommodating these often opposing interests. ”
John Marshall Harlan II,
Aguilar v. Texas — Concurrence
“ Here, in Aguilar's case, the affidavit did allege a source for the complainant's belief, i.e., 'reliable information from a credible person * * * that heroin * * * and other narcotics * * * are being kept' in petitioner's premises 'for the purpose of sale and use contrary to the provisions of the law.' This takes the affidavit here entirely outside the Giordenello holding. ”
