Evidence

United States v. McKinney — Study Notes

700 F.3d 340 (9th Cir. 2023)

Study notes for United States v. McKinney: professor notes, cold call prep, exam angles, and memory aids.

Probable cause for a search warrant requires a fair probability that evidence will be found, supported by corroborated information.
Professor Notes

In this case, the Ninth Circuit tackled the crucial question of what constitutes sufficient probable cause for the issuance of a search warrant under the Fourth Amendment. The court highlighted the importance of corroborating information obtained from various sources, such as anonymous tips, surveillance, and intercepted communications, which collectively led to a well-founded belief that evidence of drug trafficking would be found. Professors may emphasize how this case underscores the courts’ deference to law enforcement's ability to demonstrate probable cause through a variety of investigative means, aligning with precedent set in previous Fourth Amendment cases.

Furthermore, educators might point out the court's affirmance of the conviction reflecting its commitment to upholding the principle that warrants should be based on a fair probability rather than absolute certainty. This ruling may serve as a pivotal reference for students in understanding the threshold of probable cause and the constitutional standards governing search warrants.

Cold Call Prep
  1. 1The affidavit provided comprehensive details about the suspect's alleged drug trafficking, relying on multiple sources.
  2. 2The case affirms that corroborated information enhances the reliability of an anonymous tip.
  3. 3The court ruled that probable cause does not require certainty, but rather a fair probability.
  4. 4Discuss the implications of surveillance and intercepted communications in establishing probable cause.
  5. 5Explain how this case relates to previous rulings on the Fourth Amendment's protection against unreasonable searches.
Mnemonic Device

C.A.R.E. - Corroborated Anonymity Results in Evidence.

Distinguish From
CaseDistinction
Illinois v. GatesGates established the totality-of-the-circumstances test for probable cause, while McKinney reinforced the significance of corroborated evidence from diverse sources.
Franks v. DelawareFranks focused on the necessity of truthful information in affidavits, whereas McKinney emphasized the sufficiency of corroborated data to establish probable cause.
Policy Arguments

For the Rule

Allowing leniency in probable cause requirements through corroborated information promotes effective law enforcement and aids in combating serious crime such as drug trafficking.

Against the Rule

A broad interpretation of probable cause may lead to overreach by law enforcement, risking the invasion of individual privacy rights protected by the Fourth Amendment.

Class Discussion Points
  • Discuss the balance between public safety and individual rights in the context of search warrants.
  • Analyze how advancements in technology impact probable cause assessments in modern investigations.
  • Evaluate the role of anonymous tips in maintaining or undermining the integrity of the investigative process.
Exam Angle

This case likely appears on exams in discussions about the standards for probable cause and the legal requirements for issuing search warrants under the Fourth Amendment.

Ace Your Cold Calls with Briefly

Get AI-powered case briefs, study notes, and cold call prep for every case in your casebook.