Post details: MS: Officer approached defendant with RS, and he fled; pursuit into the house was valid

10/19/13

Permalink 01:00:00 am, by fourth, 428 words, 512 views   English (US)
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MS: Officer approached defendant with RS, and he fled; pursuit into the house was valid

An anonymous tip on defendant’s being involved in drugs brought the police, and they’d already heard about him and knew about the area. When the officer approached defendant, he fled into a house and the officer validly pursued him. Tossing drugs inside supported the arrest. Cooper v. State, 2013 Miss. App. LEXIS 686 (October 15, 2013):

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P23. Here, as in Baker, Det. Edney lawfully investigated the activity at the 500 block of Union Street based on the anonymous tip and other circumstances, as the circumstances warranted further investigation. It is not disputed, based on the record, that the anonymous tip stated that young black males were on the corner of the 500 block of Union Street selling drugs. The tip was based on fresh, first-hand information witnessed by the anonymous caller, who gave details about the race and sex of the suspects along with the criminal activity going on at the particular location on Union Street. Det. Edney testified that he was familiar with this block because it was known for heavy drug trafficking, and he had responded to numerous narcotics complaints at this block in the past. Based on the anonymous tip and his knowledge of the area's history of drug trafficking, Det. Edney and Det. Smith went to further investigate the tip. Once they arrived on the scene, not only did they see two black males at the corner, but Det. Edney immediately recognized Cooper from previous narcotics complaints in the area. Therefore, the combination of the information from the anonymous tip, the block's known reputation for heavy drug trafficking, and Det. Edney's recognition of Cooper from previous drug complaints corroborated the anonymous tip and gave the officers reasonable suspicion to make an investigatory stop. And that investigatory stop was legally justified, as in Baker, to resolve a potential criminal situation.

P24. Furthermore, after the officers attempted to investigate the matter by asking the suspects to stop in order to question them, and Cooper suddenly fled into the house, it was Cooper's actions, as witnessed by Det. Edney, that gave him exigent circumstances and probable cause to make a warrantless entry into the home and arrest Cooper. Cooper argues that the anonymous tip was insufficient to give probable cause for his arrest. However, the anonymous tip was sufficient to give reasonable suspicion for an investigatory stop. It was when Cooper fled to the house, broke in, and threw the bag of ecstasy pills inside the wall, as witnessed by Det. Edney, that gave Det. Edney exigent circumstances for the warrantless entry into the home and probable cause for the arrest.

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