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Draper V. United States Case Study

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Draper v. United States
358 U.S. 307
Supreme Court of the United States (1959)

Parties: James Draper (Petitioner/Defendant) v. United States (Respondent/Government)

Facts: Marsh was a federal narcotics agent with 29 years’ experience, stationed in Denver. Hereford was a “special employee” of the Bureau of Narcotics in Denver. Hereford had been working at the Bureau for about six months and occasionally gave information to Marsh regarding violations of narcotic laws in exchange for small sums of money. On September 3, 1956, Hereford told Marsh that Draper was living in Denver and was peddling narcotics to several addicts in the city. Four days later, Hereford told Marsh that Draper left for Chicago by train the day before and would be back on the morning of the 8th or 9th with three ounces of heroin. Hereford also gave Marsh a detailed physical description of Draper. On the morning of September 9, Marsh and a Denver police officer spotted an individual matching Hereford’s description at the Denver Union Station, they stopped him and then arrested him. Upon searching Draper, two envelopes containing heroin and a syringe were recovered. Marsh took Draper into custody, and Hereford died four days after the arrest and therefore could not testify at the hearing. …show more content…
Arguments of the Parties: The petitioner argued that the information that Hereford gave to Marsh was hearsay and not legally competent evidence in a criminal trial. In addition, Draper believed that Marsh’s information was not sufficient enough to establish probable cause and justify his unwarranted arrest.

Issue: Under the Fourth Amendment, did Marsh’s knowledge of the related facts and circumstances give him “probable cause” and “reasonable grounds” to believe that Draper had committed or was committing a violation of the narcotic

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