Henry v. U.S Case Brief

Henry v. U.S., 361 U.S. 98, 80 S. Ct. 168 (1959)

FACTS: There was a theft of whiskey at a terminal in Chicago. Two FBI agents investigating saw Henry and Pierotti walk across the street from a tavern and enter a vehicle. They had been given information that Pierotti was implicated in the theft. The agents followed the car, and saw Henry leave the car momentarily and return with several cartons, which were placed in the car. They drove off, but agents were unable to follow.

A little later, they saw the same car, back at the tavern. Again they followed the pair, and they followed the same routine. The agents could not readily identify the cartons. They stopped the car and searched it, seizing the cartons. They took the two men to the office and held them, during that time they discovered the cartons held stolen radios. Both were arrested.

Both were convicted and appealed.

ISSUE: Was their arrest lawful?

HOLDING: Yes

DISCUSSION: The Court examined the history of warrantless felony arrests based on probable cause. The Court held that evidence sufficient to establish guilt is not necessary, but that simple good faith is not enough. “Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed. In this situation, however, the Court found insufficient evidence to “permit them (the agents) to believe that (Henry) was violating or had violated the law. “