*1 in spiracy kilogram heroin, distribute the same violation charge guilty of U. C. pleaded 846. He to the second § 3-year special and was in years prison sentenced to and a parole concurrently term to be served with the first sentence. challenged Petitioner the second conviction under alleging Jeopardy 2256, § it was barred Double that Clause. The District Court denied and the Court relief, Appeals affirmed. conspiracy
Indictments for
and for the
substan-
underlying
tive
сriminal
arising
offense are indictments
the same
out of
Dempsey
States,
v. S. 1079
transaction.
dissenting); Ciuzio (Brennan,
(1976)
J.,
No. Louisiana. Sup. Ct. La. Cer- tiorari
Mr. Justice White, with whom Justice Mr. Brennan and Mr. Justice Marshall join, dissenting. New Orleans, La., received tele-
phone call them that a black male informing wearing a yellow shirt pants blue with a armed handgun could be found sitting A dispatch Sander's Bar. radio went out, and Officer Williams proceeded to the bar. Of the 10 or persons in the bar, petitioner was the one wearing а yellow pants. shirt blue Officer approached Williams directed him stand, petitioner, frisked him. The pocket; he removed pants detected charged who petitioner and arrested revolver a .38-caliber *2 firearm of by possession Louisiana law of with violation felony. of a convicted having previously been after motion denial of In the trial court’s sustaining Suрreme Louisiana seized, as the illegally suppress the to the Amendment would render Fourth notеd that the Court have sufficient if officer did not inadmissible the evidence reason- amount and сircumstances knowledge facts of also The investigatory detention. court for an ablе cause Williams, recog- that Adams v. 143 (1972), noted police officer with provide can tip an informer’s nized that But suspect. the question to detain and cause reasonable and this cаse further the difference between noted court Adams, an presented whether narrow here was for the issue tip if the was cause provide could reasonable tip informer’s rе- court, if the information anonymous. According to the of indicia anonymous enough carriеd tipster from ceived the corrob- of information and reliability, specificity such as the was police anonymous tip by independent work, the oration justified prompt action рolice sufficient. Moreover, real an immediate and the information would where indicаte danger to public. the directly tip an anonymous have whether
We not decided stoр for a and frisk. We suspicion furnish reasonable may the emphasized specificity providеd, have of information the the independent corroboration the officer, the and Adams, g., Draper e. supra; danger public. to the See, (1959). But the decided cases, reliability. these were not the factors indicia Draper in Adams The informers were known to have provided known were reliable information anonymous same cannot be said of past. tipster. Louisiana Supreme the decision Court is
Arguably,
prior
which require
inconsistent with our
cases
reason-
suspicion
sufficiently
be based on a
reliable
able
informer’s
tip.
certiorari for this reason and also because
reliability
tipster
of an
or unidentified
is an
that has divided the
Appeals.
issue
Federal Courts of
Com
United States v.
pare
McLeroy,
F. 2d
(CA5
1978),
States
Robinson,
F.
(CA9 1976)
2d 1298
(no
Hernandez,
reasonable
with United
suspicion),
States v.
614 (CA7 1973)
486 F. 2d
(per curiam)
(reasonable suspicion),
(1974).
rt.
dеnied,
No. 79-5940. Turner v. Mitchell, Warden, 445 U. S. 966; Gray
No. 79-6057. ante, p. 911; Lillibridge No. 79-6092. et Commissioner ux. Internal 967; Revenue,
No. 79-6171. Attwell et al. v. LaSalle National Bank et al., 954; Boalbey
No. 79-6178. antе, v. Kindred, p. 912; and Attorney No. 79-6186. Noe Civiletti, et General, U. S. 969. Petitions al., rehearing
May No. 78-1653. North Carolinа Wildlife Resources Com mission et al. Eastern Band of Cherokee Indians. 4th Cir. A. Certiorari dismissed under this Court’s Rule 60.