People v. Peterson

FLEMING, J., Dissenting.

The court reverses the convictions of defendants, caught red-handed with large quantities of pure heroin held for purposes of sale in amounts said to have a retail value of one million dollars, on what appear to me formalistic grounds empty of real content. The convictions must be reversed, the court rules, because defendants were denied their opportunity to challenge the existence of probable cause for the issuance of the search warrant used to unearth the main supply of heroin.

I

The history of this matter falls into stages somewhat as follows:

1. On June 8, 1963,…