State v. Jones

I

This case is a good illustration of why the so-called two-pronged test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) has been abandoned by the United States Supreme Court. There is no reason to doubt that B.V.’s story as related in the affidavit of officer Fitzgerald was true. It was based on the personal *327observations of B.V., the last of which was made only three days before the warrant was issued. It was detailed, rather than conclusory. There was nothing inherently improbable about what B.Y. said; no reason was evident why he might wish to fabricate such a story;…