Aguilar-Spinelli Test Law & Legal Definition


Aguilar spinelli test is a judicial principle that was laid down by the U.S. Supreme Court in Aguilar v. Tex., 378 U.S. 108 (U.S. 1964). The test states that hearsay is reliable evidence to establish probable cause for an arrest or issuance of a search warrant. Acceptance of the test varies from state to state. The test was abandoned by the Supreme Court in Illinois v. Gates, 462 U.S. 213 (U.S. 1983). However, Alaska, Massachusetts, New York, Tennessee, Vermont, and Washington have accepted the Aguilar-Spinelli test based on their own state constitutions.

The agular spinelli test is also known as two-pronged test. The test is applied in situations where a search warrant is necessary for law enforcement and a magistrate signs a warrant. The two prongs of the test are:

1.The magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible ;

2.The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information.

The Aguilar court ruled that reliability of both the information and the informant must be independently shown. [Aguilar v. Tex., 378 U.S. 108 (U.S. 1964)].

Wildlife Habitat Incentives Program (WHIP)

The Wildlife Habitat Incentives Program (WHIP) is a federal initiative to promote voluntary implementation of on-farm management practices. The WHIP helps in developing habitat for wetland and upland wildlife, threatened and endangered species, fish and other types of wildlife using cost-share payments and technical assistance. It encourages landowners to invest in public goods, such as watershed and wildlife protection. It also encourages landowners to make long term investments in maintaining the natural resource base, particularly land management practices capable of improving habitat areas.

According to 7 CFR 636.5, the WHIP is implemented through the following activities:

1. By promoting restoration of declining or important native fish and wildlife habitats;

2.By protecting, restoring, developing, or enhancing fish and wildlife habitat to benefit at-risk species;

3.By reducing the impacts of invasive species on fish and wildlife habitats; and

4. By protecting, restoring, developing, or enhancing the important aquatic wildlife species' habitats.