Thursday, November 08, 2007

Anonymous Caller's Reports Sufficient Basis to Stop Vehicle

U.S. v. Copening, 2007 WL 3173961 (10/31/07)(Published) - Despite applying the significant "skepticism and careful scrutiny" accorded anonymous informants, there was reasonable suspicion to stop defendant where: an anonymous caller told the police a man in a particular pickup truck with a particular license plate had dropped a pistol on the ground and then stashed it under the truck's seat [Oklahoma law prohibits hiding a gun under a seat] and then gave the police several updates on the truck's location as the caller followed the truck around. The caller wasn't completely anonymous because he called from an unblocked phone number, he claimed first-hand knowledge and gave detailed descriptions of what happened, [albeit inconsistent], there was no indication the caller had "iniquitous" intentions, since he said he "hated to see that kind of stuff going on." and an officer corroborated the caller's real-time account of what was happening [which was perfectly innocent]. The 10th stressed the result was wholly driven by the collective facts.

The "felony takedown" [handcuffs, etc.] was okay solely because the truck's occupants were suspected of a weapons violation.