Opinion · Supreme Court of the United States

Sierra-Hernandez v. United States

439 U.S. 936

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-10-30
Topic
general

How later courts describe this case

  • Justices Stewart and Marshall dissenting from the Court’s denial of writs of certiorari and contending that the Court should resolve the circuit split on this issue[.]
  • “We perceive no error in the prosecution’s use of leading questions before the grand jury.”
  • J. Stewart and J. Marshall dissenting from denial of certiorari because of a difference among the courts of appeals on the admissibility of grand jury testimony under Rule 804(b)(5)
  • “standards of reliability should not prevent appropriate police action when a victim of a crime immediately has contacted the police”
  • “Unlike a person who makes an anonymous phone call . .. the informant was in a position to be held accountable for his intervention. The reliability of the information was thus increased.”
  • reasonable suspicion established based on anonymous tip corroborated only by observations of innocent details
  • denial of petitions for writs of certiorari, Stewart, J. dissenting
  • unidentified individual told border patrol agent that a specifically described truck had just loaded with marijuana at a canebrake, agent knew canebrake to have been site of past smuggling activity and found the truck nearby--held sufficient to justify investigatory stop of truck

Citator

UpLaw has not yet analyzed Sierra-Hernandez v. United States. The absence of a flag is not a finding that it is good law.

Cited by
132 opinions

C. A. 9th Cir. Certiorari denied.