911 caller who did not identify herself, but operator had address from 911 system, who described burglary in progress and who stayed on the telephone with 911 until the police arrived could be considered reliable. United States v. Long, 464 F.3d 569 (6th Cir. October 2, 2006):<\/p>\n
We agree with the magistrate’s determination that the call was relatively reliable and relevant to the existence of reasonable suspicion to support the stop here. Although in some cases, police knowledge of an address from where an otherwise anonymous call is made might not be enough to render the call reliable, the reliability of this call is strongly supported by the fact that in addition to the dispatcher knowing the caller’s address, the police pulled up in front of the caller’s house while the 911 call was still ongoing. If the caller turned out to have been lying, the police could have confronted him immediately. Whether or not the authorities were aware of the caller’s name in this situation added little to the reliability determination under Gates<\/em>.<\/p><\/blockquote>\n
Officer who came to house to talk to one individual there encountered the defendant and decided to patdown the defendant for weapons for safety reasons. Defendant said “no” and headed for the door, and he was stopped. The patdown was unlawful because the defendant was removing the alleged threat by attempting to leave. United States v. Ellis, 2006 U.S. Dist. LEXIS 70769 (D. Neb. September 26, 2006):<\/p>\n
It is uncontroverted that Officer Watson did not ask Ellis to consent to a patdown search. Instead, Officer Watson simply announced his intention that he was going to search Ellis. Rather than acquiescing to Officer Watson’s demand, Ellis instead effectively just said “no,” stood up, and began to walk to the door to leave, an action which, if allowed to occur, would have removed any threat to the officers’ safety that a reasonable person would have felt Ellis represented.<\/p>\n
Under the totality of the circumstances, the patdown search was not justified by any threats to the safety of the officers or of others nearby. Miller, not Ellis, was the only target of the officers’ investigation. Ellis was under no compulsion to answer the questions of the officers and was fully within his rights to go on his way. See Royer,<\/em> 460 U.S. at 498. Therefore, the contraband that was discovered and the admission that was obtained from Ellis at the scene must be suppressed.<\/p>\n
Having suppressed the contraband and the on-site admission, any further admissions at the police station are also suppressed as fruits of the Fourth Amendment violation. See United States v. Wong Sun, <\/em>371 U.S. 471, 487 (1963).<\/p><\/blockquote>\n
Identified citizen informant was entitled to more credit in PC determination in support of a search warrant. PC was shown on the totality of circumstances. United States v. Olivent, 2006 U.S. Dist. LEXIS 70689 (E.D. Tenn. July 7, 2006).*<\/p>\n
Controlled buys corroborated informants. State v. Metzger, 2006 Ohio 5161, 2006 Ohio App. LEXIS 5100 (3d Dist. October 2, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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