Riggan v. Virginia

Background

A man named Riggan was the subject of a search warrant for apartment 604C at 3000 Spout Run Parkway in Arlington, Virginia. Police affidavits said an officer had personally watched the building in December 1962 and January 1963, saw Riggan come and go, and had reports from other officers and two private informants that a lottery was run from that apartment. The state court had upheld the warrant and the search.

Reasoning

The Supreme Court granted review and summarily reversed the Virginia judgment, citing Aguilar v. Texas. The per curiam opinion concludes that the earlier Supreme Court rule in Aguilar governs whether an affidavit relying on informant information and observations establishes probable cause. The Court’s brief ruling reversed the lower-court result on that basis, finding the affidavit inadequate under the governing standard.

Real world impact

The decision limits when police can rely on hearsay from informants in search-warrant affidavits and emphasizes the need for clearer officer observations or identified informant reliability. Police and prosecutors must provide a stronger factual showing in affidavits to support searches of private homes. Because the Court acted summarily, the ruling resolves this case now but may leave detailed legal questions for later cases.

Dissents or concurrances

Justice Clark, joined by Justices Black, Harlan, and Stewart, dissented. He argued the affidavit did include personal surveillance and reliable officer and informant reports, and criticized the Court’s summary reversal without giving Virginia a chance to defend its affidavit.