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Criminal Procedure keyed to Weinreb
Adams v. Williams
Facts
A police officer received a tip from an informant that the Respondent who was sitting in a vehicle early in the morning had drugs in his possession. The police officer investigated the informant’s report by first tapping the car window and asking the Respondent to get out of the car. The Respondent rolled down the window and when he did so, the police officer reached in and removed a fully loaded gun from the Respondent’s waist. The gun was not visible from outside the car, but exactly where the informant said it was. A search incident to the arrest was conducted shortly thereafter, and heroin, a second handgun and a machete were found on the Respondent’s person and in the vehicle. Respondent was convicted in Connecticut state court for illegal possession of a handgun found during the “stop and frisk” and heroin found during the search incident to this weapons arrest. Respondent filed a habeus corpus petition that was denied by the federal district court and granted by the Court of Appeals. The Court of Appeals concluded that there was an unlawful search and found the state court judgment should be set aside.
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