Also known as:reliabilities · evidentiary reliability
Written by attorneys · grounded in primary & secondary sources — see below
The characteristic of evidence or information that renders it trustworthy for purposes of establishing probable cause or admissibility in legal proceedings. Courts evaluate reliability under a totality-of-the-circumstances approach that considers factors such as the source's veracity, basis of knowledge, training, certification, or predictive accuracy.
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How it applies
Common Examples
6
Anonymous Tip Predicting Movements
An officer receives an anonymous call describing a suspect's car and predicting the suspect will drive to a particular intersection at a specific time to sell drugs. The tip proves accurate when the described vehicle arrives exactly as forecasted. The officer conducts a Terry stop based on the tip's demonstrated reliability through its accurate prediction of future conduct.
Testimonial Statement Without Cross-Examination
A witness gives a sworn statement to police describing a defendant's involvement in a crime. The witness later becomes unavailable and the prosecution offers the statement at trial. The court excludes the statement because the defendant never had an opportunity to cross-examine the declarant, regardless of any perceived reliability of the account.
Certified Drug-Detection Dog Alert
During a traffic stop an officer deploys a certified narcotics dog that alerts on the vehicle. The dog's training and certification records are introduced to show consistent performance in controlled settings. The alert supplies probable cause to search because the dog's demonstrated reliability is not undermined by any special circumstances.
Informant Tip Under Totality Test
Police receive a tip from a confidential informant describing a stash house and the informant's prior dealings with the target. Although the informant's track record is limited, independent police surveillance corroborates several details. The court finds probable cause because the overall circumstances establish a fair probability that contraband will be found.
Expert Opinion With Analytical Gap
A plaintiff's expert links a chemical exposure to the plaintiff's illness by citing general studies but offers no data connecting the specific dosage levels in the case. The trial court excludes the testimony after finding too great a gap between the studies and the proffered conclusion. The appellate court affirms the exclusion as within the district court's gatekeeping discretion on reliability.
Single-Photo Identification Procedure
Two days after a robbery an officer shows a witness a single photograph of a suspect. The witness identifies the person with certainty. The court admits the identification because the short interval and the witness's level of certainty establish sufficient reliability under the totality of the circumstances despite the suggestive procedure.
Common questions
Frequently Asked
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How does reliability factor into probable cause determinations from informant tips?+
Courts apply a totality-of-the-circumstances test in which an informant's veracity, reliability, and basis of knowledge are relevant but not rigid prerequisites. A strong showing on one factor can compensate for weakness on others when the overall facts establish a fair probability that evidence of crime will be found.
Supporting sources
Does a drug dog's training and certification alone establish reliability for probable cause?+
Yes. Evidence of a dog's satisfactory performance in a certification or training program can itself provide sufficient reason to trust the alert, and a defendant must have an opportunity to challenge that showing.
Can an anonymous tip support reasonable suspicion if it accurately predicts future conduct?+
An anonymous tip can support reasonable suspicion for a Terry stop when it bears sufficient indicia of reliability, particularly when it accurately predicts future movements or conduct of the suspect.
Supporting sources
How does the Confrontation Clause treat reliability of testimonial hearsay?+
The Confrontation Clause prohibits admission of testimonial out-of-court statements against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant, regardless of the statement's perceived reliability.
Supporting sources
What standard governs appellate review of a trial court's reliability ruling on expert testimony?+
Appellate courts review a district court's decision to admit or exclude expert testimony under Daubert for abuse of discretion, recognizing the trial court's gatekeeping role in assessing both reliability and relevance.
Supporting sources
When may a suggestive identification procedure still be admissible?+
Even suggestive procedures can be admissible if reliability is sufficiently established under the totality of the circumstances, including the witness's opportunity to view the perpetrator, degree of attention, accuracy of prior description, level of certainty, and time between the crime and the identification.
Supporting sources
will be based upon scientific validity.” Ante , at 591, n. 9 (emphasis in original). Questions arise simply from reading this part of the Court’s opinion, and countless more questions…
reliability
and probative value has been suppressed and excluded from criminal cases whenever it was obtained in violation of the Fourth Amendment. Weeks v. United States , 232 U. S. 383 (1914); Boyd…
ContractsRemedies · Causation, certainty, and foreseeabilityUBEIntermediate