Illinois V. Gates - Additional Points

Additional Points

In Illinois v. Gates, probable cause was achieved for the warrant under the new "totality-of-the-circumstances" standard because the investigation by DEA and Detective Mader would have, on its own, been probable cause for a search warrant. The Gateses' actions were suspicious because Florida is a known source of illegal drugs. Lance Gateses' stay at a motel for one night and immediate return to Chicago suggests that he was not going for a vacation and also implies that he might be involved in something illegal. The Court, after having heard oral argument, furthermore requested in November 1982 that the parties and amici submit briefs on the broader issue of whether the exclusionary rule should be modified. When the opinion in Gates was rendered, however, the Court declined to rule on the issue, stating that the issue was "not pressed or passed upon below" and that the exclusionary rule had become too difficult as an issue of great public importance to have been re-examined at the time.

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