Case brief · Criminal Procedure

DRAPER v. UNITED STATES Case Brief

Supreme Court of United States • 1959
Holding checked against the opinion
358 U.S. 307 79 S.Ct. 329 3 L.Ed.2d 327 Criminal Procedure Constitutional Law Evidence
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Case Brief Summary & Legal Analysis

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tl;dr: Draper challenged heroin evidence obtained after a warrantless arrest based on an informant’s tip. The Court held that the informant’s reliability and the officer’s corroboration established probable cause, making the arrest and ensuing search lawful. It affirmed the conviction.

Legal Significance: The decision establishes that reliable hearsay, corroborated through an officer’s observations of detailed predicted conduct, can establish probable cause for a warrantless arrest even though possession of contraband remains unverified. Probable cause does not require evidence admissible to prove guilt at trial.

Case Facts & Court Holding

Key Facts & Case Background

Hereford, a paid Bureau of Narcotics informant whose prior information agent Marsh had always found accurate and reliable, reported that Draper was selling narcotics in Denver. Hereford later told Marsh that Draper had traveled to Chicago and would return by train on either September 8 or September 9 carrying three ounces of heroin. He described Draper’s appearance, clothing, tan zipper bag, and habit of walking fast.

After seeing no matching traveler on September 8, Marsh and a police officer returned to the station on September 9. They observed a man matching Hereford’s detailed description leave a Chicago train, carry a tan zipper bag, and walk fast toward the exit. They arrested Draper without a warrant. A subsequent search uncovered two envelopes containing heroin in his hand inside his raincoat pocket and a hypodermic syringe in the bag.

The District Court denied Draper’s motion to suppress, finding probable cause and a lawful search incident to arrest. The evidence was admitted over his renewed objection, and he was convicted of knowingly concealing and transporting narcotic drugs. The Court of Appeals affirmed. The Supreme Court granted certiorari on the sole ground that the search and seizure violated the Fourth Amendment.

Court Holding & Legal Precedent

Issue: Did a previously reliable informant’s detailed tip, corroborated by an officer’s observations except for the predicted possession of heroin, establish probable cause for Draper’s warrantless arrest and validate the ensuing search and seizure?

The Court affirmed Draper’s conviction, holding that Marsh had probable cause and statutory reasonable grounds to arrest him without a warrant. Hereford’s established reliability and Marsh’s corroboration of the detailed description and predicted arrival supported believing that Draper also possessed the reported heroin. The ensuing search and seizure were valid incidents of the lawful arrest, so suppression was properly denied.

IRAC Legal Analysis

Legal Issue

Did a previously reliable informant’s detailed tip, corroborated by an officer’s observations except for the predicted possession of heroin, establish probable cause for Draper’s warrantless arrest and validate the ensuing search and seizure?

Conclusion

Draper supports finding probable cause from a reliable informant’s detailed tip when police corroborate its predictions despite leaving the reported criminal possession unverified. It reinforces the distinction between evidence sufficient for probable cause and evidence required to prove guilt.

Legal Rule

Probable cause exists when facts and circumstances within officers’ knowledge, including reasonably trustworthy information, would warrant a person of reasonable caution in believing an offense has been or is being committed. Carroll v. United States, 267 U.S. 132, 162. Information supporting probable cause need not satisfy the evidentiary requirements for proving guilt at trial. Brinegar v. United States, 338 U.S. 160, 172-173. A lawful arrest permits an incidental search of the person and seizure of contraband. Weeks v. United States, 232 U.S. 383, 392; Agnello v. United States, 269 U.S. 20, 30.

Legal Analysis

The Court rejected Draper’s argument that Marsh could not consider Hereford’s information because it was hearsay. Brinegar v. United States, 338 U.S. 160, 172-173, distinguished the proof necessary to establish probable cause from the proof necessary to establish guilt. Trial admissibility therefore did not control whether Marsh could rely on the tip.

The Court also rejected the argument that the available information was insufficient. Hereford had supplied information for approximately six months, and Marsh had always found it accurate and reliable. Marsh then personally corroborated Draper’s appearance, precise clothing, bag, arrival from Chicago within the predicted period, and fast walking pace. Although Marsh had not verified possession of heroin before arresting Draper, the corroborated details supplied reasonable grounds to believe that the remaining prediction was also true.

Applying Carroll’s reasonable-caution standard and Brinegar’s practical approach to probabilities, the Court concluded that Marsh had probable cause and reasonable grounds to believe Draper was committing a narcotics offense when arrested. The Court assessed justification from information available before the arrest, rather than from the heroin subsequently discovered. Because the arrest was lawful, the subsequent search and seizure were valid incidents of arrest, and the heroin was properly admitted.

Separate opinions

Douglas, dissenting: Douglas argued that corroborating innocent details did not supply evidence of criminal activity beyond the informant’s accusation. The officers neither knew nor investigated the grounds for that accusation. Although he agreed that probable cause need not rest on trial-admissible evidence, he considered the arrest unsupported by reasonable grounds and warned that validating it weakened protections against arrests on suspicion. He emphasized that a search cannot become lawful because it uncovers evidence.

The Opinions

Summary

  • Information from a reliable informant, even if hearsay, can be used to establish probable cause for an arrest.
  • Probable cause exists when police independently corroborate the specific, predictive details of an informant’s tip.
  • Corroboration of even innocent details can make it reasonable to believe the informant’s assertion of criminal activity.

Full text

Complete unedited opinion text as published by the court

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

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 petitioner's renewed objection, was received in evidence, and the trial resulted, as we have said, in petitioner's 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 Amendment1 and therefore the use of the heroin in evidence vitiated the conviction. We granted the writ to determine that question. 357 U.S. 935.

The evidence offered at the hearing on the motion to suppress was not substantially disputed. It established that one Marsh, a federal narcotic agent with 29 years' experience, was stationed at Denver; that one Hereford had been engaged as a "special employee" of the Bureau of Narcotics at Denver for about six months, and from time to time gave information to Marsh regarding violations of the narcotic laws, for which Hereford was paid small sums of money, and that Marsh had always found the information given by Hereford to be accurate and reliable. On September 3, 1956, Hereford told Marsh that James Draper (petitioner) recently had taken up abode at a stated address in Denver and "was peddling narcotics to several addicts" in that city. Four days later, on September 7, Hereford told Marsh "that Draper had gone to Chicago the day before [September 6] by train [and] that he was going to bring back three ounces of heroin [and] that he would return to Denver either on the morning of the 8th of September or the morning of the 9th of September also by train." Hereford also gave Marsh a detailed physical description of Draper and of the clothing he was wearing,2 and said that he would be carrying "a tan zipper bag," and that he habitually "walked real fast."

On the morning of September 8, Marsh and a Denver police officer went to the Denver Union Station and kept watch over all incoming trains from Chicago, but they did not see anyone fitting the description that Hereford had given. Repeating the process on the morning of September 9, they saw a person, having the exact physical attributes and wearing the precise clothing described by Hereford, alight from an incoming Chicago train and start walking "fast" toward the exit. He was carrying a tan zipper bag in his right hand and the left was thrust in his raincoat pocket. Marsh, accompanied by the police officer, overtook, stopped and arrested him. They then searched him and found the two "envelopes containing heroin" clutched in his left hand in his raincoat pocket, and found the syringe in the tan zipper bag. Marsh then took him (petitioner) into custody. Hereford died four days after the arrest and therefore did not testify at the hearing on the motion.

26 U. S. C. (Supp. V) § 7607, added by § 104 (a) of the Narcotic Control Act of 1956, 70 Stat. 570, provides, in pertinent part:

The crucial question for us then is whether knowledge of the related facts and circumstances gave Marsh "probable cause" within the meaning of the Fourth Amendment, and "reasonable grounds" within the meaning of § 104 (a), supra,3 to believe that petitioner had committed or was committing a violation of the narcotic laws. If it did, the arrest, though without a warrant, was lawful and the subsequent search of petitioner's person and the seizure of the found heroin were validly made incident to a lawful arrest, and therefore the motion to suppress was properly overruled and the heroin was competently received in evidence at the trial. Weeks v. United States,232 U.S. 383, 392; Carroll v. United States,267 U.S. 132, 158; Agnello v. United States,269 U.S. 20, 30; Giordenello v. United States,357 U.S. 480, 483.

Petitioner does not dispute this analysis of the question for decision. Rather, he contends (1) that the information given by Hereford to Marsh was "hearsay" and, because hearsay is not legally competent evidence in a criminal trial, could not legally have been considered, but should have been put out of mind, by Marsh in assessing whether he had "probable cause" and "reasonable grounds" to arrest petitioner without a warrant, and (2) that, even if hearsay could lawfully have been considered, Marsh's information should be held insufficient to show "probable cause" and "reasonable grounds" to believe that petitioner had violated or was violating the narcotic laws and to justify his arrest without a warrant.

Considering the first contention, we find petitioner entirely in error. Brinegar v. United States,338 U.S. 160, 172-173, has settled the question the other way. There, in a similar situation, the convict contended "that the factors relating to inadmissibility of the evidence [for] purposes of proving guilt at the trial, deprive[d] the evidence as a whole of sufficiency to show probable cause for the search . . . ." Id., at 172. (Emphasis added.) But this Court, rejecting that contention, said: "[T]he so-called distinction places a wholly unwarranted emphasis upon the criterion of admissibility in evidence, to prove the accused's guilt, of the facts relied upon to show probable cause. That emphasis, we think, goes much too far in confusing and disregarding the difference between what is required to prove guilt in a criminal case and what is required to show probable cause for arrest or search. It approaches requiring (if it does not in practical effect require) proof sufficient to establish guilt in order to substantiate the existence of probable cause. There is a large difference between the two things to be proved [guilt and probable cause], as well as between the tribunals which determine them, and therefore a like difference in the quanta and modes of proof required to establish them."4 338 U. S., at 172-173.

Nor can we agree with petitioner's second contention that Marsh's information was insufficient to show probable cause and reasonable grounds to believe that petitioner had violated or was violating the narcotic laws and to justify his arrest without a warrant. The information given to narcotic agent Marsh by "special employee" Hereford may have been hearsay to Marsh, but coming from one employed for that purpose and whose information had always been found accurate and reliable, it is clear that Marsh would have been derelict in his duties had he not pursued it. And when, in pursuing that information, he saw a man, having the exact physical attributes and wearing the precise clothing and carrying the tan zipper bag that Hereford had described, alight from one of the very trains from the very place stated by Hereford and start to walk at a "fast" pace toward the station exit, Marsh had personally verified every facet of the information given him by Hereford except whether petitioner had accomplished his mission and had the three ounces of heroin on his person or in his bag. And surely, with every other bit of Hereford's information being thus personally verified, Marsh had "reasonable grounds" to believe that the remaining unverified bit of Hereford's information—that Draper would have the heroin with him—was likewise true.

"In dealing with probable cause, . . . as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act." Brinegar v. United States, supra, at 175. Probable cause exists where "the facts and circumstances within [the arresting officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been or is being committed. Carroll v. United States,267 U.S. 132, 162.5

We believe that, under the facts and circumstances here, Marsh had probable cause and reasonable grounds to believe that petitioner was committing a violation of the laws of the United States relating to narcotic drugs at the time he arrested him. The arrest was therefore lawful, and the subsequent search and seizure, having been made incident to that lawful arrest, were likewise valid.6 It follows that petitioner's motion to suppress was properly denied and that the seized heroin was competent evidence lawfully received at the trial.

Affirmed.