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Criminal Law

: Third Circuit Blog

Challenges to anonymous tip and ?career offender? designation fall short

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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In United States v.McCants, No. 17-3103 (Dec. 18, 2018), the Court rejects a Fourth Amendment challenge to a stop and frisk predicated on an anonymous tip and upholds application of the Sentencing Guidelines? ?career offender? enhancement based on prior New Jersey robbery convictions.As summarized by Judge Hardiman in an opinion joined by Judges Krause and Bibas, an unknown ?caller used the 911 system to report an eyewitness account of domestic violence and provided the officers with a detailed description of the suspect and location, both of which were quickly confirmed by the police.?  The tipster reported that a man with braids and a red hat was ?out here beating up his girlfriend ? really bad right now? near the intersection of Grove and Williams in East Orange...continue to full post

Full post as published by Third Circuit Blog on December 19, 2018 (boomark / email).

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