Document Type
Article
Publication Date
1959
Publication Information
34 Notre Dame L. 464 (1958-1959)
Abstract
Petitioner was arrested without a warrant by a federal narcotics agent. Sole justification for the arrest, pursuant to the Narcotics Control Act of 1956, was information from a paid informer of the Narcotics Bureau who had proved reliable during six months of association with arresting officers. The informer's description of the petitioner, including dress, baggage, and manner of walking, and his prediction of the petitioner's time of arrival at the point of arrest, were detailed and accurate. The arresting officers searched petitioner immediately after the arrest and seized narcotics and implements used in narcotics addiction. At trial petitioner moved to suppress this evidence on the ground that the search was incident to an illegal arrest. Motion was denied by the trial court and petitioner's subsequent conviction was affirmed by the court of appeals. On petition for writ of certiorari, held: affirmed. Information from a reliable informer may be probable cause for arrest without a warrant. Draper v. United States, 358 U.S. 307 (1959).
Recommended Citation
Thomas L. Shaffer,
Recent Decision Note,
34 Notre Dame L. 464 (1958-1959).
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/920
Comments
Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).