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Criminal Law

: Southern California Criminal Defense Blog

IN ORDER TO USE AN INFORMANT OR ?ANONYMOUS TIPSTER? TO BUILD REASONABLE SUSPICION, THE OFFICER MUST CONSIDER THE RELIABILITY OF THE INFORMATION

By Walin & Klarich

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In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip. The lower the reliability, credibility, or veracity of the informant, the more information that is required to create reasonable suspicion. Often times, in a DUI case, the arresting officer is unable to sufficiently verify the basis for the information, or the reliability of the informant. With regard to "anonymous tipsters" and "government agents," there is no presumption of reliability attached to their reports. If the officer making an enforcement stop does not know whether the tipster exposed his identity, then the source of the information must be treated as an "anonymous tip...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 24, 2011 (boomark / email).