OH5: Citizen informant’s DUI tip line call wasn’t specific enough about DUI to support a stop

Defendant’s wife called a DUI tip line that he was driving having consumed alcohol. An officer stopped him without waiting for a traffic offense, which he would usually do. While she was an identified citizen informant, the tip was not reliable enough for a stop because it didn’t indicate that a crime was occurring. State v. Bagnoli, 2015-Ohio-3314, 2015 Ohio App. LEXIS 3220 (5th Dist. August 17, 2015).

Nexus can be based on inference, and the inference here was strong that marijuana or proceeds or records of drug sales would be found at defendant’s home. United States v. Taylor, 2015 U.S. Dist. LEXIS 110166 (D.Minn. July 13, 2015).

Nexus here was shown by the heavy short-stay traffic into defendant’s apartment and seizure of the contents of a cell phone of one of defendant’s customers. “We conclude that, under the totality of circumstances, all the evidence described in the affidavit both established a substantial nexus between the marijuana remnants recovered from Foushee’s vehicle and defendant’s residence, and also was sufficient to support the magistrate’s finding of probable cause to search defendant’s apartment. Considering this evidence in its entirety, ‘the magistrate could reasonably conclude that the proposed search would reveal the presence of illegal drugs in the dwelling.” Id. at 131, 191 S.E.2d at 757.’” State v. McKinney, 2015 N.C. LEXIS 686 (August 21, 2015).*