Wednesday, March 19, 2008

Tipster Sufficiently Reliable; Denial of Suppression Motion Affirmed

U.S. v. Sanchez, -- F.3d --, 2008 WL 697398 (10th Cir. 3/17/08) - the 10th upholds denial of suppression motion. Police were flagged down by an unknown woman who reported she saw a man hitting a woman in the face at a nearby intersection. Police went there, found neighbors pointing at two cars pulling out quickly from an area driveway, and stopped both vehicles. A pat-down search uncovered meth and driver consented to search. Police found a gun that seemed to belong to Sanchez and he admitted he was a felon. Court finds reasonable suspicion for the stop based on a motive by the tipster that was less suspect than typical because she was seeking help for a victim, her face-to-face report that indicated she could be held liable if her info was false, the pointing neighbors, and the haste of the departing vehicles. The pat-down search was justified by officer safety concerns.