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

Police received a tip that Moore (D) and others were in possession of heroin at D's apartment. A warrant was obtained, and when the police searched the apartment, they found D lying face down near a coffee table and another woman sitting on a couch in the same room Bags of heroin were found on top of and beneath the coffee table. D moved to suppress the evidence because there was no showing that the heroin in the apartment was his. The police even admitted they did not find any indications of ownership. The prosecutor argued that a confidential informant came to a detective and gave information about D through personal observation that the heroin was in D's apartment and D was in possession. D was found guilty, and the court expressly stated that it had relied upon the hearsay declaration of the informant. D appealed.

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