Case Brief 10 - envelopes containing heroin clutched in his...

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Christopher Jewell Feb. 27, 2008 CRJ-205 Case Brief 10 I. Draper v. United States 358 U.S. 307 (1959) II. History: Dra[er was prosecuted for concealing and transporting heroin. The USDC of Colorado denied motion to suppress evidence. Draper appealed. The USCA affirmed conviction. The USC grated certiorari and affirmed. III. Facts of the case a. Acts by government officials: Marshal a federal narcotic agent with 29 years of experience was stationed at Denver was getting information from Hereford and found the information was accurate and reliable. Marshal received information that Draper had left for Chicago and was coming back with three ounces of heroin. On the morning of September 9 th Marshal and a Denver PO waited for Draper and saw a person matching the description. Draper started walking fast towards the exit. Marshal overtook, stopped and arrested him. Then searched him and found two
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Unformatted text preview: envelopes containing heroin clutched in his left hand. b. Objective Basis: Marshal believed on hearsay from Hereford that Draper was going to be transporting heroin. IV. Legal Question: Was the hearsay enough probably cause to stop Draper a. Federal Agent Marshal and Denver Police officer b. Marshal used hearsay from Hereford to stop and find heroin on Draper. c. 4 th amendment against unreasonable search and seizure V. Opinion a. Majority: We believe that under the facts and circumstances here, Marshal had probably cause and reasonable grounds to believe that Draper was committing a violation of the laws of the US relating to narcotics at the time he was arrested. The arrest was therefore lawful, and he subsequent search and seizure having been made incident to that lawful arrest, were likewise valid. VI. Judgment: Affirmed...
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