Sunday, January 13, 2019

Draper v. United States case brief

    1. Draper v. United States case brief summary

      1. Draper was convicted of knowingly concealing and transporting narcotic drugs- heroin found in envelopes and a syringe taken from his person. He is claiming unlawful search and seizure
      2. Hereford was a special employee of the bureau narcotics at Denver and would give information regarding violations of narcotic laws to Marsh
      3. He told Marsh that Draper had gone to Chicago and was going to bring back 3 ounces of heroin and what he was wearing. They arrested him at union station matching the description Hereford gave him
        1. They had no warrant- we are only looking at the probable cause
        2. Brinegar: was based on personal knowledge and observation, this is reliant on knowledge from a third party
      4. Hereford died and could not testify
      5. Probable cause: the facts and circumstances within their (the arresting officers) knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed
        1. We have to look at the time the cop was seizing if they had probable cause we do not look at the fact that he did find heroin
      6. Holding: Based on the info they got from Hereford they were just doing their jobs, he was a trusted employee so they had probable cause  
      7. DISSENT: they had no evidence of suspicion other than hearsay. Just because it turned out successful does not mean it is constitutional

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