whiteley
warden
argued
january
decided
march
sheriff
acting
tip
made
complaint
magistrate
charging
petitioner
another
individual
date
place
named
unlawfully
break
enter
described
locked
building
warrant
issued
police
radio
bulletin
named
described
two
persons
type
car
probably
driving
amount
type
money
taken
relying
bulletin
officer
another
county
made
warrantless
arrest
suspects
car
searched
various
incriminating
items
removed
later
used
petitioner
trial
resulted
conviction
petitioner
filed
habeas
corpus
petition
reiterating
challenge
made
arraignment
trial
constitutionality
use
evidence
seized
search
incident
assertedly
illegal
arrest
district
denied
petition
appeals
affirmed
held
petitioner
arrest
violated
rights
fourth
fourteenth
amendments
evidence
secured
incident
thereto
excluded
trial
pp
complaint
mention
sheriff
acted
informer
tip
consisted
sheriff
conclusion
individuals
named
committed
offense
support
independent
judgment
disinterested
magistrate
standards
applicable
factual
basis
arresting
officer
assessment
less
strict
applicable
magistrate
assessment
arresting
officer
information
corroborate
report
suspects
committed
crime
fact
warrantless
arrest
based
police
radio
bulletin
supply
element
probable
cause
officer
issued
bulletin
lacked
pp
since
notwithstanding
petitioner
constitutional
challenge
stage
respondent
made
attempt
show
magistrate
information
presented
complaint
may
attempt
remand
writ
must
issue
unless
state
appropriately
arranges
retry
petitioner
harlan
delivered
opinion
douglas
brennan
stewart
white
marshall
joined
black
filed
dissenting
opinion
burger
joined
post
blackmun
filed
dissenting
statement
post
william
knudsen
argued
cause
petitioner
briefs
richard
mullens
jack
speight
assistant
attorney
general
wyoming
argued
cause
respondent
brief
james
barrett
attorney
general
justice
harlan
delivered
opinion
petitioner
whiteley
convicted
district
second
judicial
district
state
wyoming
charges
breaking
entering
habitual
criminal
arraignment
trial
whiteley
challenged
constitutionality
use
evidence
seized
search
incident
arrest
claimed
illegal
trial
overruled
petitioner
motion
suppress
appeal
wyoming
affirmed
whiteley
state
proceeding
commenced
petition
habeas
corpus
district
district
wyoming
denied
november
whiteley
wyoming
supp
appeal
appeals
tenth
circuit
affirmed
whiteley
meacham
granted
certiorari
limiting
writ
issue
constitutionality
arrest
ensuing
search
seizure
reverse
judgment
tenth
circuit
reasons
stated
herein
circumstances
surrounding
petitioner
arrest
incidental
search
seizure
stated
wyoming
follows
november
certain
business
establishments
saratoga
broken
including
rustic
bar
shively
hardware
offenses
investigated
carbon
county
sheriff
sheriff
ogburn
acting
tip
next
day
signed
complaint
charging
defendant
another
breaking
entering
building
identified
rustic
bar
complaint
made
justice
peace
approximately
warrant
issued
investigation
sheriff
put
state
item
radio
pick
two
suspects
breaking
entering
defendant
another
message
went
network
casper
transmitted
state
received
albany
county
sheriff
office
communicated
laramie
police
department
message
giving
names
descriptions
two
persons
advising
type
car
probably
driven
amount
money
taken
including
certain
old
coins
dates
late
night
november
laramie
patrolman
reliance
information
radio
item
arrested
defendant
companion
time
patrolman
warrant
defendant
arrest
search
warrant
officer
together
deputy
sheriff
come
meantime
searched
car
removed
number
items
introduced
evidence
including
tools
old
coins
identified
trial
taken
shively
hardware
ogburn
solemnly
swear
day
november
county
carbon
state
wyoming
said
harold
whiteley
jack
daley
defendants
unlawfully
break
enter
locked
sealed
building
describing
location
ownership
building
app
saratoga
early
subj
jack
daley
wma
med
build
med
blonde
blue
tat
left
shoulder
love
leave
harold
whitley
wma
med
build
fair
comp
brown
eyes
tat
right
arm
bird
poss
driving
buick
light
green
bottom
dark
top
wyo
lic
unknown
taken
small
change
numerous
old
coins
ranging
pieces
silver
dollars
dated
warrant
issues
extradite
special
attention
denver
app
ii
decisions
concerning
fourth
amendment
requirements
warrant
either
arrest
search
issue
require
judicial
officer
issuing
warrant
supplied
sufficient
information
support
independent
judgment
probable
cause
exists
warrant
spinelli
ventresca
aguilar
texas
rugendorf
jones
giordenello
instant
case
far
record
stipulated
parties
reveals
sole
support
arrest
warrant
issued
sheriff
ogburn
request
complaint
reproduced
complaint
consists
nothing
complainant
conclusion
individuals
named
therein
perpetrated
offense
described
complaint
actual
basis
sheriff
ogburn
conclusion
informer
tip
fact
well
every
operative
fact
omitted
complaint
cases
cited
document
alone
support
independent
judgment
disinterested
magistrate
state
however
contends
regardless
sufficiency
complaint
support
arrest
warrant
laramie
police
officer
actually
made
arrest
possessed
sufficient
factual
information
support
finding
probable
cause
arrest
without
warrant
support
proposition
state
argues
reviewing
employ
less
stringent
standards
reviewing
police
officer
assessment
probable
cause
prelude
warrantless
arrest
employ
reviewing
magistrate
assessment
prelude
issuing
arrest
search
warrant
proposition
consistently
rejected
ventresca
aguilar
texas
jones
reason
rejection
fundamental
obvious
less
stringent
standards
reviewing
officer
discretion
effecting
warrantless
arrest
search
discourage
resort
procedures
obtaining
warrant
thus
standards
applicable
factual
basis
supporting
officer
assessment
time
challenged
arrest
search
least
stringent
standards
applied
respect
magistrate
assessment
see
mccray
illinois
applying
standards
instant
case
information
possessed
laramie
police
officer
time
arrest
search
consisted
data
contained
state
bulletin
reproduced
supra
knowledge
obtained
personal
observation
two
men
driving
car
matching
car
described
radio
bulletin
knowledge
possessed
one
arresting
officers
one
people
car
jack
daley
app
knowledge
acquired
personal
observation
individual
car
fitted
description
whiteley
contained
state
bulletin
knowledge
acquired
officer
stopping
whiteley
given
false
name
held
initial
impetus
arrest
informer
tip
information
gathered
arresting
officers
used
sustain
finding
probable
cause
arrest
adequately
supported
tip
alone
draper
see
spinelli
additional
information
acquired
arresting
officers
must
sense
corroborative
informer
tip
arrestees
committed
felony
draper
process
committing
felony
see
opinions
justice
white
concurring
spinelli
supra
present
case
additional
information
tended
establish
either
sheriff
ogburn
informant
knew
daley
whiteley
kind
car
drove
record
devoid
information
stage
proceeding
time
burglary
event
arrest
search
support
either
reliability
informant
informant
conclusion
men
connected
crime
spinelli
supra
mccray
illinois
supra
aguilar
texas
supra
state
however
offers
one
argument
support
legality
arrest
search
laramie
police
relied
radio
bulletin
making
arrest
sheriff
ogburn
unnamed
informant
clearly
said
probable
cause
believing
passengers
car
men
described
bulletin
acting
bulletin
reasonably
assumed
whoever
authorized
bulletin
probable
cause
direct
whiteley
daley
arrest
prevent
arresting
officers
acting
assumption
fellow
officers
call
upon
make
arrest
probable
cause
believing
arrestees
perpetrators
crime
argued
unduly
hamper
law
enforcement
course
question
laramie
police
entitled
act
strength
radio
bulletin
certainly
police
officers
called
upon
aid
officers
executing
arrest
warrants
entitled
assume
officers
requesting
aid
offered
magistrate
information
requisite
support
independent
judicial
assessment
probable
cause
however
contrary
turns
true
otherwise
illegal
arrest
insulated
challenge
decision
instigating
officer
rely
fellow
officers
make
arrest
sum
complaint
warrant
issued
clearly
support
finding
probable
cause
issuing
magistrate
arresting
officer
possessed
factual
data
tending
corroborate
informer
tip
daley
whiteley
committed
crime
therefore
petitioner
arrest
violated
constitutional
rights
fourth
fourteenth
amendments
evidence
secured
incident
thereto
excluded
trial
mapp
ohio
iii
remains
question
proper
disposition
case
state
urges
us
remand
opportunity
develop
record
might
show
issuing
magistrate
factual
information
additional
presented
sheriff
ogburn
complaint
brief
respondent
yet
state
concedes
record
must
every
stage
proceedings
petitioner
argued
insufficiency
warrant
well
lack
probable
cause
time
arrest
brief
respondent
knowing
basis
petitioner
constitutional
claim
state
chose
try
proceedings
record
developed
state
courts
see
supra
sole
explanation
state
affairs
state
felt
based
precedent
logic
accept
legal
reasoning
petitioner
brief
respondent
circumstances
case
justification
shown
untenable
pursuant
authority
make
disposition
case
may
circumstances
reverse
judgment
tenth
circuit
remand
directions
writ
issue
unless
state
makes
appropriate
arrangements
retry
petitioner
cf
giordenello
ordered
footnotes
prior
commencing
federal
habeas
corpus
proceedings
whiteley
filed
petition
relief
pursuant
wyoming
statutes
appeal
taken
denial
petition
petition
habeas
corpus
whiteley
raised
several
issues
previously
advanced
state
petition
relief
direct
appeal
wyoming
issues
lower
federal
courts
held
failure
appeal
denial
state
petition
constituted
nonexhaustion
state
remedies
petitioner
sought
raise
exhaustion
issue
present
petition
certiorari
noted
text
granted
writ
limited
search
seizure
issue
decided
lower
federal
courts
outset
federal
habeas
corpus
proceeding
us
parties
entered
following
stipulation
app
hereby
stipulated
parties
respective
counsel
pursuant
agreement
parties
open
february
sides
rely
exclusively
record
trial
original
case
state
wyoming
harold
whiteley
parts
record
appeal
state
wyoming
hearing
merits
case
district
second
version
state
item
identical
relevant
respects
except
omits
reference
arrest
warrant
see
app
ker
california
held
standards
applicable
federal
state
warrants
fourth
fourteenth
amendments
mapp
ohio
held
exclusionary
rule
applicable
state
prosecutions
see
supra
dissent
seems
imply
record
shows
sheriff
ogburn
received
description
car
contained
radio
bulletin
someone
also
informed
also
saw
car
scene
crime
post
record
wholly
fails
support
implication
sheriff
ogburn
testified
four
separate
occasions
trial
see
said
nothing
sort
one
witness
leonard
russell
marion
testified
given
ogburn
information
car
prior
whiteley
arrest
marion
never
testified
seeing
car
near
scene
crime
indeed
quite
apparent
reading
marion
testimony
observations
whiteley
day
robbery
took
place
house
importantly
even
dissent
apparently
concedes
far
record
case
reveals
information
sheriff
ogburn
communicated
magistrate
issuing
warrant
contained
written
complaint
reproduced
cases
otherwise
insufficient
affidavit
rehabilitated
testimony
concerning
information
possessed
affiant
sought
warrant
disclosed
issuing
magistrate
see
aguilar
texas
contrary
rule
course
render
warrant
requirements
fourth
amendment
meaningless
since
federal
habeas
corpus
proceeding
state
technically
party
legal
principles
relied
upon
state
throughout
entire
litigated
process
based
premise
law
enforcement
officer
may
make
warrantless
arrest
requisite
probable
cause
something
less
requisite
probable
cause
must
presented
judicial
officer
prior
issuance
arrest
search
warrant
brief
respondent
arresting
whiteley
daley
officers
searched
car
discovered
car
interior
old
coins
taken
one
burglaries
described
radio
bulletin
addition
found
burglar
tools
trunk
car
course
discoveries
illegal
search
used
validate
judgment
upon
legality
search
depends
arrest
warrant
issued
noon
november
see
app
state
bulletin
broadcast
day
app
apparent
sheriff
ogburn
acquire
additional
corroborative
data
possibly
supporting
arrest
securing
warrant
state
makes
halfhearted
attempt
argue
introduction
illegally
seized
evidence
harmless
error
evidence
course
damning
say
least
see
supra
evidence
implicating
whiteley
accomplice
testimony
clear
error
said
harmless
applicable
standards
chapman
california
harrington
california
contrary
implications
dissenting
opinion
see
post
witness
trial
accomplice
placed
whiteley
near
scene
crime
night
robbery
justice
black
chief
justice
joins
dissenting
respect
brethren
agree
judgment
opinion
constrained
say
believe
decision
gross
wholly
indefensible
miscarriage
justice
reason
may
well
classified
one
calculated
make
many
good
people
believe
actually
enjoys
frustrating
justice
unnecessarily
turning
professional
criminals
loose
prey
upon
society
impunity
record
shows
night
november
several
establishments
including
bar
hardware
store
broken
village
saratoga
wyoming
old
coins
items
taken
hardware
store
people
saw
petitioner
companion
night
near
saratoga
next
morning
sheriff
lived
rawlins
county
seat
another
village
sparsely
settled
carbon
county
investigated
burglaries
addition
viewing
scene
crimes
sheriff
received
rather
detailed
description
car
including
portion
license
plate
number
said
used
burglars
sheriff
also
received
tip
persuaded
petitioner
companion
jack
daley
probably
guilty
one
burglaries
upon
strength
tip
coupled
observation
scene
crimes
description
vehicle
sheriff
personally
appeared
justice
peace
rawlins
secure
warrant
arrest
petitioner
companion
securing
warrant
authorized
sent
statewide
radio
police
alert
describing
men
car
calling
upon
officers
arrest
night
november
policemen
laramie
wyoming
learned
petitioner
companion
daley
city
located
stopped
car
described
alert
finding
occupied
two
men
matching
descriptions
contained
message
one
officers
personally
recognized
jack
daley
response
request
identification
harold
whiteley
gave
police
false
name
point
two
men
arrested
car
searched
old
coins
tools
items
later
identified
trial
taken
burglarized
hardware
store
found
trunk
interior
car
trial
seized
items
introduced
evidence
petitioner
objection
addition
petitioner
identified
near
scene
crime
night
november
jack
daley
petitioner
companion
told
jury
vivid
detail
whiteley
jimmied
open
back
door
burglarized
hardware
store
petitioner
took
stand
presented
alibi
defense
discredited
several
witnesses
including
jack
daley
petitioner
convicted
sentenced
years
burglary
concurrently
life
imprisonment
wyoming
law
several
prior
convictions
charged
proved
convicted
three
felonies
record
shows
year
age
already
served
six
times
penitentiary
wyoming
affirmed
conviction
september
whiteley
state
holding
laramie
officers
right
duty
arrest
men
vehicle
reasonable
ground
believe
men
committed
burglary
fruits
crime
car
citing
among
cases
carroll
see
also
chambers
maroney
think
distortion
fourth
amendment
meaning
hold
petitioner
arrest
seizure
goods
stolen
unreasonable
arrest
unreasonable
seizure
deciding
question
always
remembered
fourth
amendment
expressly
command
evidence
obtained
infraction
always
excluded
proof
certainly
probable
cause
arrest
man
store
burglarized
county
sparsely
settled
one
people
knew
one
another
petitioner
whose
previous
life
appear
earned
title
professional
stealing
vocation
seen
around
store
car
night
burglary
undoubtedly
longtime
county
sheriff
appears
still
sheriff
bound
know
petitioner
tip
received
persuasive
performance
official
duty
willing
assume
risk
incident
petitioner
arrested
surely
said
sheriff
prestige
standing
bond
civil
suit
communicates
emergency
message
arrest
men
cars
burglars
policeman
must
stand
supinely
two
people
denounced
burglars
go
along
way
course
policemen
enough
information
sheriff
probable
cause
arrest
petitioner
disagreement
majority
concerning
wisdom
constitutional
necessity
little
trial
magistrate
justice
peace
prior
issuance
search
arrest
warrant
matter
record
see
aguilar
texas
clark
dissenting
spinelli
black
dissenting
even
accepting
decisions
arguendo
control
disposition
case
involves
apprehension
criminals
automobile
moving
away
scene
crime
less
hours
commission
sheriff
belief
whiteley
daley
guilty
even
suspicion
majority
seems
label
gave
police
officers
proper
grounds
stop
petitioner
car
inquire
passengers
terry
ohio
officers
stopped
car
positively
identified
jack
daley
every
reason
believe
whiteley
lying
attempting
escape
detection
reported
false
name
least
point
laramie
police
probable
cause
arrest
petitioner
daley
probable
cause
arrest
men
also
authority
search
car
search
justified
either
two
theories
even
chimel
california
search
automobile
incident
arrest
occupants
permissible
case
officers
found
fully
loaded
handgun
glove
compartment
search
also
permissible
movable
vehicle
exception
usual
requirement
search
warrant
chambers
maroney
carroll
consider
travesty
justice
turn
man
jail
give
new
trial
six
years
convicted
fay
noia
judgment
justify
trial
passed
issue
validity
petitioner
arrest
years
ago
later
asked
relief
state
procedures
ground
claim
rejected
sought
relief
federal
habeas
corpus
district
appeals
rejected
claim
bringing
number
state
federal
judges
consistently
unanimously
rejected
petitioner
claim
reverses
judgment
conviction
although
petitioner
course
allege
innocence
said
kaufman
black
dissenting
fay
noia
remedy
limited
facts
convictions
remain
final
unless
petitioner
seeking
habeas
corpus
alleges
currently
show
innocent
even
suspicion
hardened
criminal
innocent
let
stay
confinement
serve
sentence
justice
blackmun
agrees
much
said
justice
black
also
dissents
opinion
judgment
population
carbon
county
according
census
persons
leonard
russell
marion
testified
trial
seen
whiteley
home
saratoga
town
population
day
robbery
marion
testified
observed
whiteley
car
portion
license
plate
number
gave
information
sheriff
see
majority
fails
recognize
saratoga
small
country
town
strangers
unlikely
move
unnoticed
something
obviously
aroused
marion
suspicion
else
reported
observation
petitioner
car
sheriff
daley
testimony
uncorroborated
testified
detail
trip
laramie
saratoga
crime
committed
stops
medicine
bow
elk
mountain
ernest
hornden
testified
trial
daley
whiteley
dip
bar
medicine
bow
night
november
shortly
burglary
another
witness
leroy
hansen
testified
whiteley
elk
mountain
day
burglary
see
search
case
took
place
november
although
disagreed
spinelli
always
believed
constitutional
decisions
fully
retroactive
application
see
linkletter
walker
black
dissenting
thus
glad
see
majority
apparently
decided
apply
constitutional
decisions
retroactively
even
affect
integrity
process
see
greatly
burden
administration
justice
see
desist