The officers believed Aguilar possessed narcotics intended for sale, and further alleged corroboration by "reliable information from a credible person".

After hearing commotion in the house the police forced entry, seized Aguilar, and recovered a bag of narcotics he attempted to flush down the drain.

At his trial in the state court, Aguilar objected to the inclusion of evidence obtained as a result of the search warrant.

The state court held the affidavit sufficient to admit the evidence, leading to Aguilar's conviction for illegal possession of heroin.

[3] The dissent argued that "[t]he Court holds the affidavit insufficient and sets aside the conviction on the basis of two cases, neither of which is controlling.