{"id":7761,"date":"2013-03-09T10:14:51","date_gmt":"2012-09-27T07:46:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-27T07:46:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7761","title":{"rendered":"LA2: Anonymous tip man was attempting to sell gun and badge wasn’t RS"},"content":{"rendered":"

Defendant was stopped on an anonymous tip that he was attempting to sell a gun and police badge. The stop was without reasonable suspicion because the anonymous informant\u2019s tip was not corroborated as to any criminality. Possession of a gun and badge alone is not a crime, and the police had no evidence he was a felon when the stop occurred. State v. Brown<\/a>, 105 So. 3d 734 (La.App. 2 Cir. 2012)*:<\/p>\n

Furthermore, at the time of the incident, the officers had no knowledge that the defendant was a convicted felon; they had no information which might indicate that he did not have a right to possess a gun. Attempting to sell a gun by a private citizen, who has a right to possess a gun, to another person is not illegal. Additionally, at the time of the defendant’s arrest, there was no statute in effect which criminalized the mere possession or sale of a badge.2 Accordingly, we find that the trial court did not err in concluding that the anonymous tip did not justify the stop and detention of the defendant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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