This section contains the nature of the case and procedural background.

D was stopped and arrested for possession of narcotics. The police found heroin on his person. The police were acting under a tip from an informant. Prior to trial D filed a motion to suppress claiming that the police had acquired it in an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments. The officers testified that they knew the informant for over a year and that he had given them information on previous occasions that proved to be correct 'fifteen, sixteen times at least.' D attempted to get the name of the informant. The prosecution objected, and that objection was sustained. D was convicted and appealed.

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