Moore v. United States
United States Supreme Court
429 U.S. 20 (1976)
- Written by Rich Walter, JD
Facts
The United States government (plaintiff) prosecuted John David Moore, Jr. for possession with intent to distribute heroin. Police received a tip from a confidential informant that Moore possessed heroin and kept it in his apartment. After obtaining a search warrant based only on the tip, police raided the apartment, where they found Moore and a woman inside. Moore was lying face down on the floor, and the police found heroin nearby. Aside from the informant’s tip, the search warrant, and police testimony about the tip, there was no evidence that Moore regularly lived in the apartment or actually possessed the heroin. The prosecutor emphasized the content of the informant’s tip in his closing argument, and in rendering his judgment against Moore, the judge expressly accepted that content as true. A court of appeals rejected Moore's appeal of his conviction. On appeal to the United States Supreme Court, Moore argued all the evidence against him relied on inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Per Curiam)
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