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Court of Appeals Reverses District Court's Grant of Suppression Motion

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

[This case summarized by Leo Latella.]In United States v. Torres, 534 F.3d 207 (3d Cir. 2008) , the Court of Appeals reversed the district court?s grant of defendant?s suppression motion and held that police officers had sufficient reasonable articulable suspicion to initiate a traffic stop of a vehicle described by an unidentified cab driver who called 911 and stated that he saw the driver of the vehicle brandish a handgun at a gas station. The cab driver called 911 from his cell phone and reported that he had just seen the driver of a silver BMW flash a gun at a rose vendor near a gas station. The caller was following the BMW during the call and gave detailed information regarding the vehicle including its make, model, color, license plate number, its location and identified the driver as an Hispanic male...continue to full post

Full post as published by Third Circuit Blog on October 15, 2008 (boomark / email).