[DOWNLOAD] "Draper v. United States" by Supreme Court of the United States ~ Book PDF Kindle ePub Free

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eBook details

• Title: Draper v. United States
• Author : Supreme Court of the United States
• Release Date : January 26, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Petitioner was convicted of knowingly concealing and transporting narcotic drugs in Denver, Colorado, in violation of 35 Stat. 614, as amended, 21 U. S. C. ? 174. His conviction was based in part on the use in evidence against him of two "envelopes containing [865 grains of] heroin" and a hypodermic syringe that had been taken from his person, following his arrest, by the arresting officer. Before the trial, he moved to suppress that evidence as having been secured through an unlawful search and seizure. After hearing, the District Court found that the arresting officer had probable cause to arrest petitioner without a warrant and that the subsequent search and seizure were therefore incident to a lawful arrest, and overruled the motion to suppress. 146 F.Supp. 689. At the subsequent trial, that evidence was offered and, over petitioners renewed objection, was received in evidence, and the trial resulted, as we have said, in petitioners conviction. The Court of Appeals affirmed the conviction, 248 F.2d 295, and certiorari was sought on the sole ground that the search and seizure violated the Fourth Amendment and therefore the use of the heroin in evidence vitiated the conviction. We granted the writ to determine that question. 357 U.S. 935.

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