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Criminal Law

: Fourth Amendment

There was RS for defendant's stop based on victims' robbery report

By John Wesley Hall, Jr.

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Trial court erred in suppressing stop of defendant's vehicle on victims' report of a robbery. State v. Green, 2008 Ala. Crim. App. LEXIS 71 (April 4, 2008): Here, it appears that the robbery occurred mere minutes before Officer Ferguson stopped Green's vehicle. The State asserts in its brief in opposition to Green's motion to suppress that Green's vehicle was stopped approximately 1.3 miles from the laundromat where the robberies occurred. The 1 dispatches identified the vehicle as a gray or dark gray car with two to four black males in the vehicle. Apparently the source of the dispatches was the victims' descriptions of the robbers to police. Officer Ferguson stopped the vehicle approximately six minutes after the BOLO was issued. The place to be searched was described by its look and its address, so the warrant clearly satisfied particularity...continue to full post

Full post as published by Fourth Amendment on April 07, 2008 (boomark / email).

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