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| DRAPER v. UNITED STATES, No. 136,
SUPREME COURT OF THE UNITED STATES, January 26, 1959, Decided
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Overview: Acting on a paid informant's tip in regard to petitioner's drug activity, a federal agent stopped and arrested petitioner without a warrant. Petitioner had the exact physical attributes, wore the precise clothing, and carried a bag as described by the informant. A search of petitioner turned up two envelopes containing heroin and a search of his bag revealed a syringe. The court held that under the facts and circumstances, the agent had probable cause pursuant to the Fourth Amendment and reasonable grounds within the meaning of the Narcotic Control Act, 26 U.S.C.S. § 7607, to believe that petitioner was committing a violation of the federal narcotic laws at the time of his arrest. The court noted that although the information given to the agent may have been hearsay, the informant was known to be accurate and reliable, and the agent was able to independently verify every facet of the tip. Thus, the arrest was lawful and the subsequent search and seizure made incident to the arrest were valid. Therefore, the denial of petitioner's motion to suppress the heroin evidence was proper, and the seized heroin was competent evidence lawfully received at trial.
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| Beacon Theatres v. Westover, No. 45,
SUPREME COURT OF THE UNITED STATES, May 25, 1959, Decided
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Overview: A competitor had brought an action against petitioner theatre for duress and coercion for making threats of litigation and treble damage suits. Petitioner filed an answer, a counterclaim against the competitor, and a cross-claim against an exhibitor who had intervened. The district judge denied petitioner a jury trial on certain factual issues as provided for in Fed. R. Civ. P. 38(b), and petitioner sought mandamus to require the judge to vacate certain orders depriving petitioner of a jury trial. The lower court held that the denial of petitioner's request for a jury trial was proper. In reversing the lower court's order, the Supreme Court noted that the maintenance of the jury as a fact-finding body was of such importance and occupied so firm a place in U.S. history and jurisprudence that any seeming curtailment of the right to a jury trial should be scrutinized with the utmost care.
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