Legal Opinion · Dissent

United States v. Kenneth Eugene Allen

Court of Appeals for the Sixth Circuit

Decided May 4, 2000No. 96-6313Published

1DissentClay, Circuit Judge

Because I believe that the majority’s holding relaxes the standard upon which a warrant may issue to a point unsupported by Fourth Amendment jurisprudence, and indeed unsupported by the letter and spirit of the Fourth Amendment itself, I respectfully dissent. As a result of today’s holding, any tip provided by an informant who has provided reliable information to the police in the past is sufficient to constitute probable cause for the warrant to issue, irrespective of the bare, generalized nature of the information provided and without any corroboration by the police. This result strips away…

2Cases cited26 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Brinegar v. United StatesSupreme Court of the United States · 1949

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