# Illinois v. Gates, 462 U.S. 213 (1983) — Totality of Circumstances Test

**Source:** https://www.law.cornell.edu/supremecourt/text/462/213
**Retrieved:** May 25, 2026

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## Holding

The "totality of the circumstances" approach should be used to determine whether an informant's tip establishes probable cause for a search warrant. This replaced the rigid two-prong test from *Aguilar v. Texas* (1964) and *Spinelli v. United States* (1969).

## Key Rule

Probable cause is a "practical, nontechnical conception" that deals with "the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act."

## Relevant Factors

When evaluating hearsay in warrant affidavits, courts consider:
1. **Indicia of reliability** — Is the source credible? Is the information reliable?
2. **Corroboration** — Has any part of the information been independently verified?
3. **Basis of knowledge** — Did the source personally observe the facts, or is it hearsay-upon-hearsay?
4. **Source of information** — Citizen informant vs. anonymous tipster vs. interested party

## Application to This Case

The warrant affidavit in State v. McAchran fails the Gates totality test because:
- No indicia of reliability were provided for any of the three hearsay sources
- None of the sources personally observed the alleged assault
- The ex-partner (Shane Crews) had inherent bias that was not disclosed or addressed
- No independent corroboration of any hearsay statement existed
- The siblings' statements were based on the victim's out-of-court statements (double hearsay)