Bourjaily v. United States

483 U.S. 171 (1987)

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Nature of the Case

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Facts

Clarence was an informant for the FBI. Clarence identified Bourjaily (D) as a person interested in dealing cocaine. Clarence arranged to sell cocaine to Lonardo and a gentleman friend. The purchase was consummated during which Lonardo stated that the drugs were to be transferred to his friend in a parking lot. Lonardo and his friend, D were arrested on the spot. D was charged with conspiracy to distribute cocaine, in violation of 21 U.S.C. sec 846. P attempted to introduce the informant's statements about D, using the co-conspiracy hearsay exemption. D objected, claiming that the court must look at evidence independent of this statement to prove that there was a conspiracy. The court overruled the objection, allowing the statement to be admitted as evidence. D was convicted. The court of appeals affirmed, and the Supreme Court granted review. The case was then heard by the Supreme Court.