Sunday, February 21, 2010

Anonymous tips v tips where you don't know who the party is

I have become apprised of the fact that many officers don't apprieciate the difference between an anonymous tip and a tip where the source is not immediately apparent or unknown.

First off, an anonymous tip alone that simply says someone has drugs or a gun cannot create reasonable suspicion unless the tip also predicts the movement of the suspect. ALABAMA V WHITE

Howver, if the tipster is known but simply wants to remain anonymous, he / she is not anonymous.

Also, if the tipster talks to the officer face-to-face, but the officer does not have time to get the tipster's information, the tipster is not anonymous -- and can create reasonable suspicion.

Finally, if the tipster is not immediately known but can be located in person or by phone, the tipster is not anonymous.

Here is an example -- an unknown employee at Wendys called police stating that a person at the drive through was drunk. An officer show up almost immediately and stops a car driving out of the Wendys parking lot. there were no other cars around. The driver, Shafer was drunk.

The court ruled that the unknown employee's call created reasonable suspicion to stop Shafer.

Therefore the evidence was admissible.

Best -

DA

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