United States v. Frank Soyka

J. JOSEPH SMITH, Circuit Judge

(dissenting):

I dissent. For the reasons stated in the panel opinion I would hold that the standards set by Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) were not met here. Details given by an informer which are not related to the narcotic traffic furnish little support for an arrest, and details unverified at the time of arrest, such as the window bars and the dog in this case can likewise be given no weight in determining probable cause at the time of arrest. I would not sanction relaxation of the standards of Aguilar, particularly in a case such as this, where the identity of the informer is unknown even to the officers, the source of his information is not stated, and the arrest is used to justify the warrantless search of a dwelling.