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HUTCHINSON, Justice, concurring.
I join the majority’s view that the affidavit of probable cause before us in this case sets forth sufficient facts to meet the former two-pronged test of Aguilar-Spinelli. See Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1969). I would have found it unnecessary to discuss that standard since I believé the totality of the circumstances test set forth in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), is all that either our state or federal constitutions require. This affidavit plainly meets the Gates test. Therefore, I believe that discussion of the earlier, more stringent test, is unnecessary.
Document Info
Docket Number: 97 E.D. Appeal Docket 1983
Citation Numbers: 484 A.2d 1383, 506 Pa. 262
Judges: Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, Papadakos, Zappala
Filed Date: 12/6/1984
Precedential Status: Precedential
Modified Date: 8/23/2023