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CALIFORNIA V. RIEGLER, 449 U. S. 1319 (1981)

U.S. Supreme Court

California v. Riegler, 449 U.S. 1319 (1981)

California v. Riegler

No. A-659

Decided February 5, 1981

449 U.S. 1319


An application to stay, pending the filing of a petition for certiorari, the California Court of Appeal's judgment reversing respondent's state drug conviction on the ground that the Fourth Amendment was violated, is granted. After a lawful customs search revealed hashish in packages mailed from Germany, law enforcement officials arranged for a controlled delivery of the packages; obtained a warrant to search the place of delivery and seize the packages; delayed executing the warrant and followed respondent and others when they left the delivery place by automobile with the packages; and, after arresting the suspects, reopened the packages at the police station without obtaining a second search warrant. The stay is warranted because the state court's decision was based on the Federal Constitution; the "balance of equities" favors the State, which must either retry or dismiss the case, whereas respondent has been free on bail since conviction; and the case presents issues of sufficient importance that four Justices of this Court probably will vote to grant certiorari.

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