State v. Gill

The main issue presented by this cause is whether a police officer’s affidavit in support, of a search warrant is sufficient to show probable cause when that affidavit contains only information received from the personal observations of an unnamed confidential informant and the officer’s avowal that the informant is “reliable.”1

Appellant urges that such an affidavit does show probable cause because, in effect, (1) the affiant’s oath is sufficient to establish, “per se, the credibility of the affiant's source,” and (2) under United States v. Harris (1971), 403 U. S. 573, proof of the…