Court: |
US Supreme Court |
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Facts: |
Anonymous tip comes in that a young black man at a bus stop
in a plaid shirt is carrying a gun. Officers arrive,
spot the plaid lad, frisk him, and find a gun. Charged
with carrying a concealed weapon, and possessing a firearm
while under 18. |
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Posture: |
FL Supreme court says the search was invalid. |
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Issue: |
Is an anonymous tip that a person has a gun, supported by
nothing else, sufficient cause to justify a stop and
frisk? |
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Holding: |
No. Affirmed. |
|
Rule: |
An anonymous tip lacking in the required indicia of reliability
does not justify a stop and frisk. |
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Reasoning: |
The informant was not accountable, didn't demonstrate veracity,
and it was not known how this knowledge was acquired. There
might be some circumstances (i.e., allegations that a person
is carrying a bomb) that might justify the search by their
potential consequences, but not in a simple firearm matter. |
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Dicta: |
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