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.