Tom C. Clark

“ If the statement that petitioner did 'receive' and 'conceal' narcotic drugs is a conclusion, it is also a fact. Unlike other criminal offenses, narcotics violations require no specific intent, and there is no need to spell out facts tending to show such intent. The distinction the Court draws between conclusions and facts is untenable because there is no need here for inferences, unlike ordinary criminal cases. ”

“ But in other fields of criminal law enforcement it increases the great burden already placed on officers and, like the requirement as to 'sources' and 'other evidentiary facts,' only beclouds what was clear as to the requisites of a complaint. The considerations underlying arrest are not apposite to those of search. As we have seen, arrests can be made in narcotics cases without a warrant where 'reasonable grounds' are present. ”

“ The Court is entirely in error in advancing the Rule 4 ground. The complaint alleged an actual occurrence which under the law constituted a prima facie offense-possession of narcotics. Unlawful importation is presumed. 35 Stat. 614, as amended, 21 U.S.C. § 174, 21 U.S.C.A. § 174. See Casey v. United States, 1928, 276 U.S. 413, 48 S.Ct. 373, 72 L.Ed. 632. Petitioner's contention is that the complaint imported personal knowledge when in fact it was based in part on information. ”