State v. Lang

HUNTLEY, Justice.

By this appeal, we are asked to re-evaluate the standard used by the magistrates of the state of Idaho in determining the existence of probable cause for issuance of search warrants, in light of the decision of the United States Supreme Court in Illinois v. Gates,-U.S.-, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Gates abandoned the two-pronged test of probable cause established in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), in favor of the more flexible “totality of the…