Content of 911 call itself can form basis of knowledge

The content of the 911 call in this case showed its basis of knowledge. State v. Posey, 2008 Ohio App. LEXIS 766 (10th Dist. March 4, 2008):

P16 As set forth above, in this case, the 911 caller’s basis of knowledge lends to her credibility. “Typically, a personal observation by an informant is due greater reliability than a secondhand description.” Weisner, at 302, citing Gates at 233-234; State v. Livengood, Lake App. No. 2002-L-044, 2003 Ohio 1208, at P11 (“A citizen-informant who is the victim of or witness to a crime is presumed reliable.”). (Citation omitted.) We also note that courts have afforded additional reliability to tips when the caller is requesting immediate police assistance “within minutes of being threatened” and able to describe the suspect, as was the case here. See U.S. v. Terry-Crespo (C.A.9, 2004), 356 F.3d 1170, 1177, discussing U.S. v. Valentine (C.A.3, 2000), 232 F.3d 350, 354 (greater reliability may be ascribed to a tip, even an anonymous one, where tipster “was reporting what he had observed moments ago”); see, also, U.S. v. Brown (C.A.10, 2007), 496 F.3d 1070.

Game warden had reasonable suspicion for stop of defendant’s vehicle for night hunting when he heard a gunshot and he followed fresh tracks in direction of the gunshot and came upon one vehicle. Cox v. State, 975 So. 2d 1163 (1 DCA 2008).*

Speeding stop led to officer smelling burnt marijuana, and state Supreme Court already has determined that is probable cause. City of Strongsville v. Carr, 2008 Ohio 907, 2008 Ohio App. LEXIS 789 (8th Dist. March 6, 2008).*