Federal Judiciary

Fourth Circuit Vacates Conviction on Fourth Amendment Grounds

By Robert Loblaw

U.S. v. Reaves, 06-5073 (4^th Cir., Jan. 8, 2008)

In a surprising Fourth Amendment decision, the Fourth Circuit has vacated a defendant?s gun conviction because police did not have reasonable suspicion to stop the defendant. Here are the facts: An anonymous 911 caller reported that she had seen the driver of a plum-colored Mercedes engage in a transaction involving a big plastic sandwich bag and a small handgun. After the Mercedes left the scene, the tipster followed the car for several blocks and gave police a real-time update on its location. After police pulled the defendant over, he admitted that he had a gun. Police also found $2000 in the back seat.

The district court denied the defendant?s motion to suppress the gun, on the ground that the tip was “self-authenticating” based on the caller?s real-time updates. The defendant was convicted, and he appealed to the Fourth Circuit. In an opinion authored by the Clinton-appointed Judge Michael, but joined by two of the courts? more reliable conservatives (Williams and Wilkinson), the Fourth reverses.

The Court explains that the police did not enough of a basis for evaluating the reliability of a tipster who insisted on remaining anonymous. Although anonymous tips can be the basis for a stop if the tipster provides valuable predictive information, the Court rejects the government?s argument that the caller fulfilled this element when she predicted the defendant?s route. Instead, the Court reasons that the caller merely provided contemporaneous observations about the defendant?s route, which did nothing to enhance her credibility. The government also argued that the caller?s willingness to stay on the line bolstered her credibility. The Fourth finds this factor significant but not dispositive. Likewise, the Court is not swayed by the fact that the caller provided details about the drug transaction she had witnessed, since those details were not corroborated.

Full post as published by Decision of the Day on January 08, 2008 (boomark / email).