{"id":2426,"date":"2009-01-16T18:47:40","date_gmt":"2008-09-01T08:15:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-09-01T08:15:41","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2426","title":{"rendered":"CA5: Tip which specified no criminality was insufficient"},"content":{"rendered":"

Tip received by the officer did not specify any criminality, and only innocent details were corroborated. Defendant’s later consent did not purge the taint. United States v. Benavides<\/a>, 291 Fed. Appx. 603 (5th Cir. August 27, 2008) (unpublished):<\/p>\n

The anonymous tip that Joe Benavides received alleged no criminal activity. It merely described the truck, the truck’s location, and the fact that the truck was being loaded with unknown cargo. Although the government relies heavily on the specificity and accuracy of the tip, it can point to no specific assertion of illegality, much less a verifiable assertion of illegality. The only further articulation of reasonable suspicion made by Benavides was that the area in which the truck was loaded was not a warehouse district. Thus, the facts alleged by the government to support its claim of reasonable suspicion show that Oscar Benavides and another man put unidentified bundles into crates and carried out these activities at an address that was not located in a warehouse district. 2 The tip alone therefore alleges only identifying information, insufficient under J.L.<\/em> for a finding of reasonable suspicion. See 529 U.S. at 271-72 (finding no reasonable suspicion for seizure where anonymous tip accurately identifying a person further alleged only that the identified person was illegally carrying a gun). And the police did not improve on these bare facts in order to find reasonable suspicion before the traffic stop was made.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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