Friday, February 13, 2015

Anonymous Tip is Sufficiently Reliable to Justify Stop and Frisk


Melvin Jackson v. United States, 13-CF-1450 (Decided February 12, 2015)

Players: Glickman, Fisher, Farrell.  Opinion by Farrell.  Sidney Bixler for Mr. Jackson.  Trial Judge: Robert Richter.

Facts: An anonymous tipster called 911 to report that she had seen a Black man with a gun at the bus stop between Condo Terrace and Fourth Street, S.E.  The man, according to the tipster, was wearing a brown windbreaker and a black hat.  Dispatch radioed out the description, and the responding officer testified to seeing only one person on the block in question—Mr. Jackson.  Mr. Jackson was wearing a black windbreaker and a black hat.  Mr. Jackson was stopped and frisked, and a revolver was recovered from his person.

Issue: Did the anonymous tip provide reasonable suspicion necessary for a lawful stop?

Holding: Yes.  Relying on Prado Navarette v. California, 134 S. Ct. 1683 (2014), the DCCA found that the 911 call bore sufficient indicia of reliability to justify the stop.  The Court found that the contemporaneousness of the report and the fact that the caller used the 911 emergency system weighed in favor of the tip’s reliability. The Court also found that the description was adequately particularized to Mr. Jackson, especially considering there was no one else around (the difference in jacket color was immaterial to the Court).  DH. 

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