{"id":10254,"date":"2014-01-20T15:50:55","date_gmt":"2014-01-20T08:16:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-01-20T08:16:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10254","title":{"rendered":"MO: Fully identified 911 caller was not &#8220;anonymous tipster&#8221;"},"content":{"rendered":"<p>A citizen called 911, gave her name and what she was driving, and reported defendant as being under the influence. The called was entitled to more credibility because she was an identified citizen, not a CI. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=69314\">State v. Long<\/a>, 2014 Mo. App. LEXIS 39 (Mo. App. January 16, 2014).<\/p>\n<p>The officer had probable cause to stop and arrest defendant for tossing what he believed was a gun into the bushes. The search of his person produced ammunition. Defendant had no reasonable expectation of privacy in the bushes where the gun landed. The conviction was reversed, however, for prejudicial hearsay on a 911 call about defendant having a gun on his person. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0210p-06.pdf\">United States v. Nelson<\/a>, 2013 U.S. App. LEXIS 25946, 2013 FED App. 0210P (6th Cir. August 7, 2013).*<\/p>\n<p>Officers encountered defendant in a car at a Red Roof Inn parking lot late at night in an area known for its late night crime. The corner of a plastic bag was seen in plain view, and that\u2019s drug paraphernalia. Defendant\u2019s heavy breathing and reflexively touching his pocket was reasonable suspicion. United States v. Faulkner, 2013 U.S. Dist. LEXIS 183827 (W.D. N.C. November 7, 2013),* adopted 2014 U.S. Dist. LEXIS 6553 (W.D. N.C. January 17, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10254\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10254","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10254","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10254"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10254\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10254"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10254"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10254"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}