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NELSON v. O'NEIL

No. 336.

402 U.S. 622 (1971)

91 S.Ct. 1723

29 L.Ed.2d 222

NELSON, WARDEN v. O'NEIL.

Supreme Court of United States.

Decided June 1, 1971

Attorney(s) appearing for the Case

Charles R. B. Kirk, Deputy Attorney General of California, argued the cause for petitioner. With him on the brief were Evelle J. Younger, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and John T. Murphy, Deputy Attorney General.

James S. Campbell, by appointment of the Court, 400 U.S. 955, argued the cause and filed a brief for respondent.

MR. JUSTICE STEWART delivered the opinion of the Court.

The respondent, Joe O'Neil, was arrested along with a man named Runnels when the police of Culver City, California, answered a midnight call from a liquor store reporting that two men in a white Cadillac were suspiciously cruising about in the neighborhood. The police responded to the call, spotted the Cadillac, and followed it into an alley where a gun was thrown from one of its windows. They then stopped the...

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