Tag Archives: Anonymous Tip

Criminal Practice – Constitutional – Search & Seizure – Anonymous Tip – Defendant’s Flight – Inculpatory Statements (access required)

State v. Hemphill When Officer Adkins arrived at Auto America, he saw defendant, who generally matched the description of one of the individuals reported by an anonymous caller, peering from behind a van parked at Auto America. When defendant spotted Officer Adkins, defendant ran away from him. Defendant ignored Officer Adkins when he shouted for defendant to stop, and Officer Adkins ran after defendant for about an eighth of a mile. When Officer Adkins caught up with defendant, defendant was attempting to hide behind a dumpster. When considered together and in context, these facts were sufficient to raise a reasonable suspicion that criminal activity was afoot, and that defendant was involved.

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Criminal Practice – Search & Seizure – Anonymous Tip – ‘Shots Fired’ – High Crime Neighborhood – ‘Nervous’ Man – Pat-Down — Unreasonable (access required)

U.S. v. Massenburg Police officers responding to an anonymous tip about “shots fired” in a high-crime neighborhood, who saw four young men several blocks from the reported gunfire, did not have reasonable, particularized suspicion to conduct a pat-down of one of the young men who appeared nervous and refused consent to search; the 4th Circuit reverses defendant’s conviction on marijuana and firearm charges.

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