What does the Aguilar and Spinelli test require from affidavits?

• A. Only a description of the informant
• B. A statement of underlying circumstances and informant's credibility
• C. Photographic evidence
• D. A complete history of the informant

Answer: (B)

The Aguilar and Spinelli test establishes specific requirements for the information contained in affidavits when seeking a warrant based on informant testimony. This test requires that affidavits provide a clear statement describing the underlying circumstances that justify the informant’s knowledge, as well as a demonstration of the informant's credibility or reliability.

This dual requirement ensures that judges can assess the quality of the information provided by the informant. The need for underlying circumstances means that the affidavit must detail how the informant acquired their information or why they are credible, rather than relying solely on vague assertions. This procedural safeguard is intended to prevent the acceptance of hearsay and unverified claims in warrant applications, ensuring that law enforcement actions are based on reliable facts.

In contrast, the other options are insufficient in addressing the comprehensive nature of the Aguilar and Spinelli test. Describing only the informant or providing photographic evidence does not fulfill the necessary requirements. Additionally, providing a complete history of the informant is excessive and goes beyond what is necessary to establish credibility, as the focus should be on the specific information relevant to the current investigation. Therefore, the correct answer highlights the essential elements required for a valid affidavit under this test.