JAMES H. CHILDS, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that probable cause is not required for police to invite criminal behavior, only reasonable suspicion is sufficient.
Defendant was convicted of violating narcotics laws based on sales to a government informer. The sole ground for appeal was the denial of a motion for…
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PER CURIAM.
This is an appeal from a conviction for violation of the narcotics laws, 35 Stat. 614 (1909), as amended, 21 U.S.C.A. § 174 and Int.Rev.Code of 1954, §§ 4704(a) and 4705(a), 26 U.S.C.A. §§ 4704(a), 4705(a). The evidence showed that the sales of narcotics involved here were made to, and at the request of, a Government informer. Defendant’s sole ground of appeal is that the trial judge erred in denying his motion for a directed verdict on the ground of entrapment.
Defendant asserts that, under applicable case law, before police authorities may invite one to engage in any particular criminal behavior, they must have probable cause to believe that he is engaging in such conduct. In this case, he says, the Government failed to show that it had such cause.
As we read prevailing doctrine, however, probable cause is not required; reasonable suspicion is enough. Grimm v. United States, 1895, 156 U.S. 604, 15 S.Ct. 470, 39 L.Ed. 550, cited with approval in Sorrells v. United States, 1932, 287 U.S. 435, 441-442, 53 S.Ct. 210, 77 L.Ed. 413, and in Sherman v. United States, 1958, 356 U.S. 369, 378, 382, 78 S.Ct. 819, 2 L.Ed.2d 848 (concurring opinion).
See Masciale v. United States, 1958, 356 U.S. 386, 78 S.Ct. 827, 2 L.Ed.2d 859; Hunt v. United States, 1958, 103 U.S.App.D.C. 309, 258 F. 2d 161; United States v. Abdallah, 2 Cir., 1945, 149 F. 2d 219, 222, note 1.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sorrells v. United States, 287 U.S. 435 (U.S. 1932)
- Sherman v. United States, 356 U.S. 369 (U.S. 1958)
- Masciale v. United States, 356 U.S. 386 (U.S. 1958)
- Grimm v. United States, 156 U.S. 604 (U.S. 1895)
- United States v. Abdallah, 149 F.2d 219 (2d Cir. 1945)
- Hunt v. United States, 258 F.2d 161 (D.C. Cir. 1958)