{"id":3566,"date":"2010-05-16T19:41:23","date_gmt":"2009-11-26T08:30:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-26T08:30:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3566","title":{"rendered":"MA: Uncorroborated 911 call could not justify stop where state failed to show reasonable suspicion"},"content":{"rendered":"

The state failed to show that the stop here was based on reasonable suspicion from an anonymous 911 call of a man with a gun. The state was obviously on notice that a 911 call was the subject of the motion to suppress. After all, defendant’s stop was based on a 911 call, and defendant referred to it in his affidavit in support of the motion to suppress. Commonwealth v. Gomes<\/a>, 75 Mass. App. Ct. 791, 917 N.E.2d 231 (2009)*:<\/p>\n

We do not minimize the potential seriousness of a report such as was present here. Nor do we dispute that the investigating officer acted reasonably in relation to the information supplied to him via the police radio broadcast. We recognize that “[w]hen a tip … concerns the possession of a firearm, it deserves the immediate attention of law enforcement officials.” Commonwealth v. Stoute, 422 Mass. at 790. Having received a report of an armed man, it would have been poor police work had the officer here left the scene without making any inquiries. However, the seriousness of the report received by the officer on the scene does not relieve the Commonwealth of the burden of establishing the veracity of that report and the constitutional underpinning for the officer’s actions at the suppression hearing. This the Commonwealth failed to do.<\/p>\n

In sum, the judge erred in determining that this stop and frisk was based on reasonable suspicion. The order denying the defendant’s motion to suppress is vacated and an order shall enter allowing that motion. The judgments of conviction are reversed.<\/p><\/blockquote>\n

Officers were justified in pulling a weapon on defendant when he was stopped for overtinted windows because of his furtive movement of his hand to his back. Getting out of the car was “unusual” [and argued by the prosecutor at trial as evidence of guilt]. Cocaine was seen in plain view in the car. Hill v. State<\/a>, 303 S.W.3d 863 (Tex. App.\u2014Ft. Worth 2009).* [Note: When I was in college, I was ordered out of the car when I was stopped. So what’s the big deal? SOP has changed?]<\/p>\n

The officer was not per se precluded from asking defendant for consent during a traffic stop while it was still going on and had not been extended. State v. Hogans<\/a>, 301 Ga. App. 261, 687 S.E.2d 230 (2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-3566","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3566","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=3566"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3566\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3566"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}