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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- Spring '08
- Law, Fourth Amendment to the United States Constitution, Draper, Motion to suppress