Colorado v. Nunez (465 U.S. 324)
U.S. Supreme Court · decided February 21, 1984 · Supreme Court Database (Spaeth)
- Citation
- 465 U.S. 324 · 104 S. Ct. 1257
- Decided
- February 21, 1984
- Term
- October Term 1983
- Vote
- 9–0
- Issue area
- Judicial Power
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. The writ is dismissed as improvidently granted, it appearing that the judgment of the court below rested on independent and adequate state grounds. Justice White, with whom The Chief Justice and Justice O’Connor join, concurring. The Court today concludes that the Colorado Supreme Court relied on independent and adequate state grounds when it affirmed the trial court’s decision to suppress a quantity of heroin seized during a search of respondent Nunez’ house following the State’s refusal to disclose the identity of a confidential informant on which the Denver Police Department had relied to establish probable cause for the search. I write not to challenge the Court’s determination that the judgment under review rests on independent and adequate state grounds, but to make clear that neither the Federal Constitution nor any decision of this Court requires the result reached by the Colorado Supreme Court. Before the commencement of his trial on a charge of possession of a controlled substance, Nunez filed a motion to suppress most of the evidence against him on the ground, among others, that the facially valid warrant authorizing the search of his home was not supported by probable cause. In a companion motion, Nunez sought to facilitate his challenge to the legality of the search and his defense on the merits by obtaining disclosure of the names, addresses, and…
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