Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 8

The police obtained a search warrant based on an affidavit that contained the following allegations: (a) Donald was seen crossing a state line on four occasions during a five-day period and going to a particular apartment; (b) telephone records disclosed that the apartment had two telephones; (c) Donald had a reputation as a bookmaker and as an associate of gamblers; and (d) the Federal Bureau of Investigation was informed by a ''confidential reliable informant'' that Donald was conducting gambling operations from the apartment. The affidavit did not indicate how the informant knew of this information nor did it contain any information about the reliability of the informant. When a search was made based on the warrant, evidence was obtained that resulted in Donald's conviction of violating certain gambling laws. Donald challenged the constitutionality of the search warrant. Were Donald's constitutional rights violated? Explain your answer.