{"id":1064,"date":"2008-07-21T16:07:16","date_gmt":"2007-06-15T08:00:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-06-15T08:00:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1064","title":{"rendered":"California holds that an anonymous tip does not need to be corroborated before a knock and talk"},"content":{"rendered":"<p>&#8220;We hold the Fourth Amendment does not require police to corroborate an anonymous tip before seeking consent to enter and search a residence. Even if acting on an anonymous, uncorroborated tip, police may knock on the door of a residence, speak with the occupant, and request permission to enter and search.&#8221; People v. Rivera, 41 Cal. 4th 304, 59 Cal. Rptr. 3d 473, 159 P.3d 60 (2007).<\/p>\n<p>Defendant parolee moved in with his girlfriend without telling his parole officer. The parole officer confirmed defendant lived there, so he conducted a parole search, which was valid. State v. Cruz, 144 Idaho 906, 174 P.3d 876 (2007):<\/p>\n<blockquote><p>We hold that Cruz was entitled to no greater Fourth Amendment protections as a house guest in his girlfriend&#8217;s apartment than he would have received in his own home. <em>See Taylor<\/em>, 482 F.3d at 318. Because a search supported by a reasonable suspicion of possible parole violations would have been upheld had it occurred at Cruz&#8217;s own residence, Cruz cannot obtain suppression of the items seized in his girlfriend&#8217;s apartment. In sum, Cruz&#8217;s Fourth Amendment rights were not violated because the government&#8217;s substantial interest in supervising parolees outweighs Cruz&#8217;s significantly diminished expectation of privacy in his girlfriend&#8217;s apartment.<\/p><\/blockquote>\n<p>Officer had reasonable suspicion based on numerous factors for detaining the defendant. United States v. Bivins, 2007 U.S. Dist. LEXIS 42695 (M.D. Ala. June 11, 2007)*:<\/p>\n<blockquote><p>Here, however, Trooper Burch had much more than a mere hunch. He knew that Bivens had lied to him about his criminal history for drug offenses, and he knew that Bivens was not listed on the vehicle&#8217;s rental agreement for reasons which Burch knew were not valid. n3 These indicators in addition to the other indicators fully establish the necessary articulable and reasonable suspicion necessary to support Burch&#8217;s continued questioning of Bivens after the reason for the stop was concluded.<\/p><\/blockquote>\n<p>Court analyzes in detail the facts of consent and compares the credibility of the witnesses, finding the officers more credible for several reasons. United States v. Burns, 2007 U.S. Dist. LEXIS 42618 (D. Ore. June 11, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1064\">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-1064","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1064","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=1064"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1064\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1064"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1064"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}