wong sun argued october decided january trial federal district without jury petitioners convicted fraudulent knowing transportation concealment illegally imported heroin violation although appeals held arrests petitioners without warrants illegal based probable cause within meaning fourth amendment reasonable grounds within meaning narcotics control act affirmed convictions notwithstanding admission evidence timely objections statements made orally petitioner toy bedroom time arrest heroin surrendered agents third party result statements unsigned statements made petitioner several days arrest lawfully arraigned released recognizance appeals held items fruits illegal arrests therefore properly admitted evidence held record case neither reasonable grounds probable cause toy arrest since information upon based vague came untested source accept probable cause issuance arrest warrant defect cured fact toy fled supposed customer door early morning revealed narcotics agent pp record case statements made toy bedroom time unlawful arrest fruits agents unlawful action excluded evidence pp narcotics taken third party result statements made toy time arrest likewise fruits unlawful arrest admitted evidence toy pp exclusion foregoing items improperly admitted evidence proofs remaining sustain toy conviction codefendant unsigned statements admissions guilt toy statement require corroboration reference toy codefendant statement constitutes admissible evidence corroborating admission toy toy conviction must set aside lack competent evidence support pp view fact unlawful arrest petitioner wong sun lawfully arraigned released recognizance returned voluntarily several days later made unsigned statement connection unlawful arrest making statement attenuated unsigned statement fruit unlawful arrest therefore properly admitted evidence seizure narcotics admitted evidence invaded right privacy person premises entitle wong sun object use trial pp references wong sun codefendant statement incompetent corroborate wong sun admissions wong sun entitled new trial clear record whether trial relied upon codefendant statement source corroboration wong sun confession pp edward bennett williams acting appointment reargued cause filed supplemental brief petitioners sol abrams also filed brief petitioners william doolittle reargued cause brief solicitor general cox assistant attorney general miller beatrice rosenberg bishop justice brennan delivered opinion petitioners tried without jury district northern district california indictment violation federal narcotics laws acquitted first count charged conspiracy convicted second count charged substantive offense fraudulent knowing transportation concealment illegally imported heroin appeals ninth circuit one judge dissenting affirmed convictions granted certiorari heard argument term reargument term morning june federal narcotics agents san francisco one hom way surveillance six weeks arrested found heroin possession hom way informant stated arrest bought ounce heroin night one known blackie toy proprietor laundry leavenworth street morning six seven federal agents went laundry leavenworth street sign door establishment said oye laundry operated petitioner james wah toy however nothing record identifies james wah toy blackie toy person federal officers remained nearby sight agent alton wong chinese ancestry rang bell petitioner toy appeared opened door agent wong told calling laundry dry cleaning toy replied open told agent come back time toy started close door agent wong thereupon took badge pocket said federal narcotics agent toy immediately slammed door started running hallway laundry living quarters back wife child sleeping bedroom agent wong federal officers broke open door followed toy hallway living quarters bedroom toy reached nightstand drawer agent wong thereupon drew pistol pulled toy hand drawer placed arrest handcuffed nothing drawer search premises uncovered narcotics one agents said toy hom way says got narcotics toy responded selling narcotics however know somebody asked toy said know johnny know last name however toy described house eleventh avenue said johnny lived also described bedroom house said johnny kept piece heroin johnny smoked drug night agents left immediately eleventh avenue located house entered found one johnny yee bedroom discussion agents yee took bureau drawer several tubes containing less one ounce heroin surrendered within hour yee toy taken office bureau narcotics yee stated heroin brought four days earlier petitioner toy another chinese known sea dog toy questioned identity sea dog said sea dog wong sun agents including agent alton wong took toy wong sun neighborhood toy pointed multifamily dwelling said wong sun lived agent wong rang downstairs door bell buzzer sounded opening door officer identified narcotics agent woman landing asked mr wong woman wife petitioner wong sun said wong sun back room sleeping alton wong six officers climbed stairs entered apartment one officers went back room brought petitioner wong sun bedroom handcuffs thorough search apartment followed narcotics discovered petitioner toy johnny yee arraigned commissioner june complaint charging violation later day released recognizance petitioner wong sun arraigned similar complaint filed next day also released recognizance within days petitioners yee interrogated office narcotics bureau agent william wong also chinese ancestry agent advised three right withhold information might used stated entitled advice counsel though appear attorney present questioning three officer also explained promises offers immunity leniency made agent interrogated three separately interrogated agent prepared statement english rough notes agent read petitioner toy statement english interpreted certain portions chinese toy also read statement english aloud agent said corrections made made corrections hand toy sign statement however agent words wanted know first persons involved case signed wong sun considerable difficulty understanding statement english agent restated substance chinese wong sun refused sign statement although admitted accuracy contents hom way testify petitioners trial government offered johnny yee principal witness excused invoked privilege flatly repudiated statement given agent william wong statement offered evidence testimony elicited identifying either petitioner source heroin possession otherwise tending support charges petitioners statute expressly provides proof accused possession drug support conviction statute unless accused satisfactorily explains possession government evidence tending prove petitioners possession petitioners offered exculpatory testimony consisted four items trial admitted timely objections inadmissible fruits unlawful arrests attendant searches statements made orally petitioner toy bedroom time arrest heroin surrendered agents johnny yee petitioner toy pretrial unsigned statement petitioner wong sun similar statement dispute centered around correctness rulings trial judge allowing items evidence appeals held arrests petitioners illegal based probable cause within meaning fourth amendment reasonable grounds within meaning narcotic control act said toy arrest showing case agent knew hom way reliable furthermore found nothing circumstances occurring toy premises provide sufficient justification arrest without warrant wong sun arrest said showing johnnie yee reliable informer appeals nevertheless held four items proof fruits illegal arrests therefore properly admitted evidence appeals rejected two additional contentions petitioners first insufficient evidence corroborate petitioners unsigned admissions possession narcotics held narcotics evidence surrendered johnny yee together toy statements bedroom time arrest corroborated petitioners admissions second contention confessions inadmissible signed appeals held point petitioners prejudiced since agent might properly testified substance conversations produced statements believe significant differences cases two petitioners require separate discussion shall first consider case petitioner toy appeals found neither reasonable grounds probable cause toy arrest giving due weight finding think amply justified facts clearly shown record basic arrest without warrant must stand upon firmer ground mere suspicion see henry though arresting officer need hand evidence suffice convict quantum information constitutes probable cause evidence warrant man reasonable caution belief felony committed carroll must measured facts particular case history use infrequent abuse power arrest cautions relaxation fundamental requirements probable cause leave citizens mercy officers whim caprice brinegar whether requirements reliability particularity information officer may act stringent arrest warrant absent surely less stringent arrest warrant obtained otherwise principal incentive existing procurement arrest warrants destroyed threshold question case therefore whether officers information impelled act procured warrant arrest toy think warrant issued evidence available narcotics agents basis experience confidence reliability hom way information never given information yet acted upon imprecise suggestion person described blackie toy proprietor laundry somewhere leavenworth street sold one ounce heroin held identification suspect reliable informant may constitute probable cause arrest information given sufficiently accurate lead officers directly suspect draper rule however fit case aught record discloses hom way accusation merely invited officers roam length leavenworth street blocks search one blackie toy laundry whether chance means record say came upon petitioner toy laundry bore name door unrevealing label oye slightest intimation appears record made oral argument suggest agents information giving reason equate blackie toy james wah toy criminal record toy consulted kind official record list information kind narrowed scope search particular toy conceded officers made attempt obtain warrant toy arrest simple fact sparse information officers command arrest warrant issued consistently rules federal rules criminal procedure giordenello arrest warrant procedure serves insure deliberate impartial judgment judicial officer interposed citizen police assess weight credibility information complaining officer adduces probable cause cf jones hold officer may act unchecked discretion upon information vague untested source permit judicial officer accept probable cause arrest warrant subvert fundamental policy government contends however defects information somehow took officers petitioner toy laundry remedied events occurred arrived specifically urged toy flight hall supposed customer door revealed narcotics agent adequately corroborates suspicion generated hom way accusation holding miller relevant exposes fallacy contention noted case lawfulness officer entry arrest without warrant must tested criteria identical embodied deals entry execute search warrant statute requires officer must state authority purpose threshold refused admittance may break open door held officer insufficiently unclearly identifies office mission occupant flight door must regarded ambiguous conduct expressly reserved question whether unqualified requirements rule admit exception justifying noncompliance exigent circumstances instant case toy flight door afforded surer inference guilty knowledge suspect conduct miller case agent wong eventually disclose narcotics officer however affirmatively misrepresented mission outset stating come laundry dry cleaning toy fled officer never adequately dispelled misimpression engendered ruse cf gouled gatewood moreover made effort time indeed time thereafter ascertain whether man door blackie toy named hom way therefore case hypothesized miller without express announcement purpose facts known officers justify virtually certain person door knows purpose toy refusal admit officers flight hallway thus signified guilty knowledge clearly natural desire repel apparently unauthorized intrusion miller government claims extraordinary circumstances imminent destruction vital evidence need rescue victim peril see excused officer failure truthfully state mission broke contrary holding mean vague suspicion transformed probable cause arrest reason ambiguous conduct arresting officers provoked cf henry result essential vice proposition consistently rejected search unlawful inception may validated turns byars di thus conclude appeals finding officers uninvited entry toy living quarters unlawful bedroom arrest followed likewise unlawful fully justified evidence remains seen consequences flow conclusion ii conceded toy declarations bedroom excluded held fruits agents unlawful action order make effective fundamental constitutional guarantees sanctity home inviolability person boyd held nearly half century ago evidence seized unlawful search constitute proof victim search weeks exclusionary prohibition extends well indirect direct products invasions silverthorne lumber justice holmes speaking case holding government might make use information obtained unlawful search subpoena victims documents illegally viewed expressed succinctly policy broad exclusionary rule essence provision forbidding acquisition evidence certain way merely evidence acquired shall used shall used course mean facts thus obtained become sacred inaccessible knowledge gained independent source may proved like others knowledge gained government wrong used way proposed government argues toy statements officers bedroom although closely consequent upon invasion hold unlawful nevertheless admissible resulted intervening independent act free contention however takes insufficient account circumstances six seven officers broken door followed toy heels bedroom wife child sleeping almost immediately handcuffed arrested circumstances unreasonable infer toy response sufficiently act free purge primary taint unlawful invasion government also contends toy declarations admissible ostensibly exculpatory rather incriminating two answers argument first statements soon turned incriminating led directly evidence implicated toy second circumstances shown induced declarations immaterial whether declarations termed exculpatory thus find substantial reason omit toy declarations protection exclusionary rule iii consider whether exclusion toy declarations requires also exclusion narcotics taken yee declarations led police prosecutor candidly told trial found drugs except toy helped us hence case envisioned exclusionary rule application government learned evidence independent source silverthorne lumber case connection lawless conduct police discovery challenged evidence become attenuated dissipate taint nardone need hold evidence fruit poisonous tree simply come light illegal actions police rather apt question case whether granting establishment primary illegality evidence instant objection made come exploitation illegality instead means sufficiently distinguishable purged primary taint maguire evidence guilt think clear narcotics come exploitation illegality hence may used toy iv remains consider toy unsigned statement need decide whether light fact toy free recognizance made statement statement fruit illegal arrest cf bayer since concluded declarations bedroom narcotics surrendered yee admitted evidence proofs remaining sustain conviction wong sun unsigned statements without scrutinizing contents toy ambiguous recitals conclude reference toy wong sun statement constitutes admissible evidence corroborating admission toy arrive conclusion upon two clear lines decisions converge require one line decisions establishes criminal confessions admissions guilt require extrinsic corroboration line precedents holds declaration made arrest may used trial one declarant partners crime settled principle administration criminal justice federal courts conviction must rest upon firmer ground uncorroborated admission confession accused observed smith requirement corroboration rooted long history judicial experience confessions realization sound law enforcement requires police investigations extend beyond words accused opper elaborated reasons requirement country doubt persists zeal agencies prosecution protect peace accomplice maliciousness enemy aberration weakness accused strain suspicion may tinge warp facts confession admissions retold trial much like hearsay statements made pending trial neither compulsion oath test turn case petitioner wong sun occasion disagree finding appeals arrest also without probable cause reasonable grounds events evidentiary consequences turn upon question wong sun unsigned confession fruit arrest therefore properly admitted trial evidence wong sun released recognizance lawful arraignment returned voluntarily several days later make statement hold connection arrest statement become attenuated dissipate taint nardone fact statement unsigned whatever bearing may upon weight credibility render inadmissible wong sun understood adopted substance though comprehend english words petitioner never suggested impropriety interrogation require exclusion statement must consider admissibility narcotics surrendered yee holding supra ounce heroin inadmissible toy compel like result respect wong sun exclusion narcotics toy required solely tainted relationship information unlawfully obtained toy official impropriety connected surrender yee seizure heroin invaded right privacy person premises entitle wong sun object use trial cf goldstein however reasons wong sun statement incompetent corroborate toy admissions contained toy statement references wong sun toy statement incompetent corroborate wong sun admissions thus competent source corroboration wong sun statement heroin certain however state record trial judge may also considered contents toy statement source corroboration petitioners raised one ground objection introduction statements claim statement even purported admission confession declaration interest defendant binding upon defendant trial judge allowing statements apparently overruled petitioners objections including one thus presume considered portions statements bearing upon guilt petitioners intimate view one way whether trial judge might found narcotics alone sufficient evidence corroborate wong sun admissions delivered heroin yee smoked heroin yee house around date question might factfinder found insufficient corroboration narcotics alone sure scales tipped favor conviction reliance upon inadmissible toy statement particularly important nature offense involved surely narcotics statute discovery heroin raises presumption someone generally possessor violated law possession alone proved elements offense transportation concealment knowledge illegal importation drug need separately demonstrated much less corroborated thus particular care taken area crucial element accused possession proved solely admissions requisite corroboration found among evidence properly trier facts therefore hold petitioner wong sun also entitled new trial judgment appeals reversed case remanded district proceedings consistent opinion ordered dissenting opinion justice clark see post appendix opinion statement james wah toy taken june concerning knowledge wong sun narcotic trafficking sometime april may year asked drive johnny yee house balboa streets asked call johnny tell coming got went house wong sun took paper package pocket put table wong sun johnny yee opened package know much heroin know spoons asked said yes took little bit went across room smoked cigarette wong sun johnny yee talked minutes talking low tones hear saying see money change hands paying much attention wong sun left house drove drove wong sun home gave said money driving driven wong sun johnny yee house times altogether time wong sun gave also johnny gave little heroin enough put cigarettes last time drove wong sun yee house last tuesday may wednesday night june called johnny yee told coming pretty soon anything said okay drove got went house johnny gave paper heroin bindle enough cigarettes give money ask gives friendship given heroin like quite times remember many times known hom wei years never dealt narcotics known ed fong year never dealt narcotics either heard people know hop sing tong club talk hom wei dealing narcotics nothing ed fong know john mow lim bill fong connection johnny yee carefully read foregoing statement made free without promise reward immunity duress given ample opportunity make corrections initialed signed page evidence thereof hereby state statement true best knowledge belief james wah toy william wong william wong narcotic agent statement wong sun shortly returning san francisco james told wanted get piece asked told johnny gave obtained piece heroin bill approximately occasions however least one times heroin johnny another friend james toy johnny pay james piece several occasions obtained piece james drive johnny house avenue go upstairs bedroom three us smoke heroin james give piece johnny also went james approximately occasions take heroin smoked johnny also get use days arrested arrested june james called home evening told come went laundry james told get piece called bill arranged meet james gave gave bill met bill called one hour later laundry met gave one piece gave james james immediately thereafter called johnny drove approximately midnight james gave piece johnny contained rubber contraceptive small brown paper bag june night arrested met james laundry prior evening james telephoned johnny ev went johnny smoked heroin also one paper use later approximately hour left laundry mentioned oye laundry leavenworth street run james toy know johnny last name know james toy well times johnny home seen johnny number occasions laundry carefully read foregoing statement consisting pages made free without promise reward immunity duress given ample opportunity make corrections initialed signed page evidence thereof hereby state statement true best knowledge belief wong sun william wong william wong narcotic agent footnotes piece approximately one ounce record arraignment proceedings recites arrest warrants issued arraignment dates arrest petitioners yee conceded trial however arrest warrants outstanding time actual arrests june record also bond initially fixed petitioners yee amount recommendation attorney later respective arraignment days motion attorney ordered three released recognizance neither statement ever signed blanks dates inserted never filled heading toy statement suggests made june although agent william wong trial suggested talked informally toy date formal statement made june agent also testified wong sun statement made june although date beneath agent signature foot statement reads june full texts statements set forth appendix opinion commissioner deputy commissioner assistant commissioner agents bureau narcotics department treasury officers customs defined section tariff act amended sec may carry firearms execute serve search warrants arrest warrants serve subpenas summonses issued authority make arrests without warrant violations law relating narcotic drugs defined section marihuana defined section violation committed presence person making arrest person reasonable grounds believe person arrested committed committing violation terms probable cause purposes fourth amendment reasonable grounds used statute mean substantially draper walker see giordenello johnson see generally wilgus arrest without warrant rev discussion implies view whether search warrant obtained search conducted incident valid arrest cf rabinowitz nothing case turns presence absence search warrant since officers obtained arrest warrant rabinowitz question us presented question us see wrightson officers arrest without warrant never required disclose facts upon based belief probable cause words untouchable power arrest without warrant ever bother get warrant obvious conclusion follows courts arrest attacked illegal assume without facts arrest without warrant probable cause strike factual requirements respect probable cause arrests without warrant maintaining issuance warrant blast one support columns justice law noted giordenello rules federal rules criminal procedure provide arrest warrant shall issue upon sworn complaint setting forth essential facts constituting offense charged showing probable cause believe offense committed defendant committed fourth amendment requirements rules derive provides warrants shall issue upon probable cause supported oath affirmation particularly describing persons things seized emphasis added requirement applies arrest search warrants description suspect merely blackie toy operator laundry somewhere leavenworth street hardly information particularly describing person seized information better wholesale dragnet search warrant condemned see marron see generally kaplan search seizure land criminal law rev although question presented whether petitioner flight justified inference guilt sufficient generate probable cause arrest whether flight serve corroborate proof guilt trial two questions inescapably related thus relevant present case consistently doubted probative value criminal trials evidence accused fled scene actual supposed crime alberty said universally true man conscious done wrong pursue certain course harmony conduct man conscious done act innocent right proper since matter common knowledge men entirely innocent sometimes fly scene crime fear apprehended guilty parties unwillingness appear witnesses true accepted axiom criminal law wicked flee man pursueth righteous bold lion see also hickory allen starr views two courts appeals see vick cir one motive likely another appellant may guilty conviction rest upon mere conjecture suspicion cf cooper cir innocent people caught web circumstances frequently become cf heitner see kamisar illegal searches seizures contemporaneous incriminating statements dialogue neglected area criminal procedure law forum compare maguire evidence guilt see lord devlin comment probable even today much less ignorance matters formerly still general belief must answer questions put policeman least worse devlin criminal prosecution england even absence oppressive circumstances exclusionary rule rests principally nonconstitutional grounds sometimes refused differentiate voluntary involuntary declarations see hogan snee rule rise rationale rescue geo illustrative situations voluntary act accused held insufficient cure otherwise unlawful acquisition evidence see bynum holding inadmissible fingerprints made defendant unlawful arrest watson supp excluding narcotics voluntarily surrendered accused course unauthorized search ninth circuit appeals instant case comes recognized analogous context declarations statements compulsion things seized affected vice primary illegality takahashi moreover held opper even exculpatory statements voluntary thus clearly admissible require least degree corroboration required incriminating statements history development corroboration requirement see wigmore evidence ed note proof corpus delicti aliunde defendant confession rev present scope application rule see underhill criminal evidence ed comprehensive collection cases see crime involves physical damage person property prosecution must generally show injury accused confesses responsibility fact occur person criminally culpable notable example principle admission homicide must corroborated tangible evidence death supposed victim see wigmore evidence ed need case link outside confession injury accused admits inflicted crime involves tangible corpus delicti said corroborative evidence must implicate accused order show crime committed finally said one uncorroborated admission accused standing alone corroborate unverified confession calderon see developments law criminal conspiracy harv rev cf williams proof guilt even evidence accomplice becomes admissible fellows remains suspect evidence tainted source comes accomplice may longer anything fear hope way gives evidence yet may mistakenly entertain fear hope may wish evidence others gratify spite case like jones person challenging seizure evidence lawfully premises time search like chapman held landlord lawfully consent search tenant premises see generally edwards standing suppress unreasonably seized evidence rev justice douglas concurring join opinion nothing holds inconsistent belief time get warrant probable cause alone justified arrest petitioner toy without warrant adhere views expressed jones said jones case earlier stated justice jackson writing johnson another narcotics case point fourth amendment often grasped zealous officers denies law enforcement support usual inferences reasonable men draw evidence protection consists requiring inferences drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime assumption evidence sufficient support magistrate disinterested determination issue search warrant justify officers making search without warrant reduce amendment nullity leave people homes secure discretion police officers pp see chapman justice clark justice harlan justice stewart justice white join dissenting made chinese puzzle simple case involving four participants hom way blackie toy johnny yee sea dog sun setting aside convictions toy sun dashed pieces heretofore recognized standards probable cause necessary secure arrest warrant make arrest without one instead dealing probable cause involving probabilities factual practical considerations everyday life reasonable prudent men legal technicians act brinegar sets rigid mechanical standards applying vision hindsight area ambiguity immediacy inherent unexpected arrest present probable cause must based mere suspicion henry require proof sufficient establish guilt draper sole requirement heretofore knowledge hands officers time arrest must support man reasonable caution belief subject committed narcotic offenses carroll decision faced initially courtroom scene arrest totality circumstances facing officer weighed decision make arrest everyday occurrence facing law enforcement officers unrealistic enlarged standards announced place unnecessarily heavy hand upon therefore dissent first character affair hom way arrested possession narcotics told officers early morning purchased ounce heroin previous night blackie toy operated laundry leavenworth street narcotics agents armed information person known six weeks arrest possession narcotics immediately sought blackie toy second character laundry located without difficulty far record shows information furnished hom way gratuitously reads record supposition hom way merely invited officers roam length leavenworth street blocks search one blackie toy laundry contrary identification blackie directions laundry sufficiently accurate officers two chinese ancestry find blackie laundry within hour say face record roaming performance leavenworth street efficient police work officers familiar san francisco habits practices inhabitants indeed information much explicit approved draper supra indicia reliability however informer believed officers reliable arrest implicated purchase ounce heroin previous night since possession narcotics information related narcotics sale buyer officers good reason rely hom way knowledge see rodgers cir thomas cir cert denied credibility confronted prosecution possession narcotics well knew discrepancies story might go hard furthermore statement declaration interest stripped hom way explanation possession narcotics made certain presumption see stronger reliable information one establish probable cause arrest without warrant blackie toy even assuming probable cause point government produced additional evidence support lawfulness blackie arrest broad daylight morning hom way arrested one officers chinese ancestry agent alton wong knocked blackie toy laundry door wong told wanted laundry blackie opened door advised return wong testified pulled badge announced narcotics agent blackie slammed door wong face ran hall laundry wong broke door calling narcotics treasury agent blackie reached family bedroom wong able arrest reached nightstand drawer apparently looking narcotics agent wong immediately confronted hom way accusation blackie toy sold narcotics blackie denied selling narcotics deny knowing hom way later admitted knowing basis miller conclusion blackie flight signified natural desire toy repel apparently unauthorized intrusion see incredible light record support record toy fled officer never adequately dispelled misimpression engendered ruse contrary officer showing badge announcement narcotics agent immediately put blackie flight behind slamming door conclude otherwise takes prizes non sequitur pursued wong continued identify narcotics agent ask clearly announce purpose often held unexplained flight officer strong evidence guilt husty brinegar supra see henry supra careful distinguish facts fleeing men men acting furtively moreover government always emphasized particularly true narcotics cases delay may serious consequences hiding destruction drugs noted without disapproval miller supra state decisions holding justification noncompliance rule exists exigent circumstances example officers may good faith believe person arrested fleeing attempting destroy evidence people maddox cal continued may without express announcement purpose facts known officers justify virtually certain petitioner already knows purpose announcement useless gesture cf people martin cal wilgus arrest without warrant rev places entire reliance decision miller submit inapposite case involved interpretation law district columbia arrest night door broken defendant began close thus flight officer believed attempt bar entrance identification given officers occurred defendant opened door low voice closed door answered defendant query saying police facts miller differ significantly case clarity identification officers character extent defendant conduct reason conclusions blackie flight evidence support probable cause officers gave sufficient notice permit lawful entry supported rather weakened decision miller information hom way blackie toy unexplained flight viewed two separate compartments ogether composed picture meaningful trained experienced observer christensen app submit officers reasonable men properly concluded petitioner blackie toy hom way informed committed felony immediate arrest ran hall lawful imperative order prevent escape view poisonous tree whose fruits must evaluate blackie declaration time arrest narcotics found yee possession admissible evidence trial found evidence sufficiently corroborative toy confession appeals affirmed reasons discussed infra wong sun see occasion overturn consistent findings two courts ii sea dog wong sun disagreement confession narcotics found yee possession admissible evidence question remains whether sufficient independent evidence corroborate confession evidence prove offense beyond reasonable doubt even preponderance smith requirement satisfied corroboration merely fortifies truth confession without independently establishing crime charged ibid see also opper wong sun confession stated part four days arrest toy delivered ounce heroin yee night arrest night june toy smoked heroin yee house june officers found yee residence quantities heroin totaling less one ounce light evidence unable say trial appeals erred holding wong sun confession sufficiently corroborated reach contrary conclusion corroboration grants wong sun new trial ground trial may also considered contents toy statement source corroboration point raised question discussed briefs despite goes lengths develop chain inferences finding prejudicial error might plausible case tried jury cases cited indeed find case presumption error applied trial judge admits heroin found johnny yee possession might sufficient corroboration reverses excuse judge may considered toy confession well see reason assumption federal judge trier fact therefore affirm judgment petitioners one officers testified trial known hom way six weeks response question whether hom way reliable informer officer replied believe yes sir