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