Washington
How Aguilar v. Texas applies in Washington: state-specific rules, key cases, and bar exam notes for Criminal Procedure.
Washington courts consider the principles established in Aguilar v. Texas when assessing whether probable cause exists based on information from informants. Washington requires a two-pronged test for evaluating informant reliability similar to the Aguilar-Spinelli test.
Under Washington law, probable cause based on an informant's tip must satisfy both prongs: the informant's reliability must be established, and the basis of the informant's knowledge must be demonstrated.
The court held that even if the informant's reliability was established, the officer must also demonstrate the informant's basis of knowledge to support probable cause.
The ruling clarified that a tip's corroboration by police does not suffice to establish probable cause unless both prongs are satisfied.
The court emphasized the importance of an informant's credibility and the need for specifics regarding the informant's basis of knowledge.
Washington's adherence to the Aguilar-Spinelli framework closely mirrors the federal standard, but Washington's application may place greater emphasis on corroboration and specific factual allegations in informant tips. Additionally, Washington courts have been known to demand clearer delineations in the credibility and reliability assessments.
Questions on the Washington bar exam may test your understanding of informant reliability and probable cause, particularly how Washington case law diverges from federal precedents.