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Draper v. United States

358 U.S. 307 (1959)

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Draper v. United States

United States Supreme Court

358 U.S. 307 (1959)

Facts

An informant told police that James Draper (defendant) was a drug dealer who would be carrying narcotics through a train station within a particular date range. The informant gave police a detailed physical description of Draper including the clothing he would be wearing and told police that Draper would be carrying a tan zipper bag and that Draper was a fast walker. The police had received reliable information from this informant in the past. Police surveilled the train station on the dates provided to them by the informant. On the second day of surveillance, police observed Draper, who matched the physical description provided by the informant and was carrying a tan zipper bag, walking quickly through the train station. Police stopped Draper and arrested him. After arresting Draper, police searched him and found heroin and a syringe. Draper was charged with knowingly concealing and transporting narcotics, and he moved to suppress the evidence seized pursuant to the search, arguing that police did not have probable cause to arrest him without a warrant. The trial court denied Draper’s motion, and he was convicted. The court of appeals affirmed, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Whittaker, J.)

Dissent (Douglas, J.)

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