{"id":59955,"date":"2025-01-27T08:25:16","date_gmt":"2025-01-27T13:25:16","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59955"},"modified":"2025-01-27T08:25:16","modified_gmt":"2025-01-27T13:25:16","slug":"e-d-n-y-anonymous-report-of-man-threatening-others-with-a-gun-didnt-provide-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59955","title":{"rendered":"E.D.N.Y.: Anonymous report of man threatening others with a gun didn&#8217;t provide RS"},"content":{"rendered":"\n<p>The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. \u201cOn this record, it is clear that the officers lacked an objectively reasonable basis to conclude that Burvick was \u2018presently armed and dangerous\u2019 at the moment when, over four minutes into their encounter, Vanzanten finally decided to pat down Burvick&#8217;s legs and search inside Burvick&#8217;s pockets without his consent. Each of the government&#8217;s proffered justifications for the frisk are addressed in turn below.\u201d United States v. Burvick, 2025 U.S. Dist. LEXIS 9527 (E.D.N.Y. Jan. 17, 2025).<\/p>\n\n\n\n<p>Defendant seeks to preclude admission of a \u201cwhite binding agent\u201d seized under a warrant from trial, but cites nothing in support. It comes in subject to cross examination. It\u2019s relevant. United States v. Taylor, 2025 U.S. Dist. LEXIS 9729 (D. Conn. Jan. 20, 2025).*<\/p>\n\n\n\n<p>There was probable cause defendant\u2019s truck was in the District of Delaware when the search warrant for it was issued. The warrant isn\u2019t overbroad, and the good faith exception would apply. United States v. Morrison, 2025 U.S. Dist. LEXIS 10138 (D. Del. Jan. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. \u201cOn this record, it is &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59955\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[124,44,20],"tags":[],"class_list":["post-59955","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-informant-hearsay","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59955","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=59955"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59955\/revisions"}],"predecessor-version":[{"id":59956,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59955\/revisions\/59956"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59955"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59955"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59955"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}