{"id":18557,"date":"2015-08-24T00:31:42","date_gmt":"2015-08-24T05:31:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18557"},"modified":"2015-08-22T13:33:22","modified_gmt":"2015-08-22T18:33:22","slug":"oh5-citizen-informants-dui-tip-line-call-wasnt-specific-enough-about-dui-to-support-a-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18557","title":{"rendered":"OH5: Citizen informant’s DUI tip line call wasn’t specific enough about DUI to support a stop"},"content":{"rendered":"

Defendant\u2019s 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\u2019t indicate that a crime was occurring. State v. Bagnoli<\/a>, 2015-Ohio-3314, 2015 Ohio App. LEXIS 3220 (5th Dist. August 17, 2015).<\/p>\n

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\u2019s home. United States v. Taylor, 2015 U.S. Dist. LEXIS 110166 (D.Minn. July 13, 2015).<\/p>\n

Nexus here was shown by the heavy short-stay traffic into defendant\u2019s apartment and seizure of the contents of a cell phone of one of defendant\u2019s customers. \u201cWe 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, \u2018the 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.\u2019\u201d State v. McKinney<\/a>, 2015 N.C. LEXIS 686 (August 21, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s 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 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[44,38,20],"tags":[],"class_list":["post-18557","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18557","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18557"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18557\/revisions"}],"predecessor-version":[{"id":18558,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18557\/revisions\/18558"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}