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TN: Anonymous report did not support detention of occupants of parked car

By John Wesley Hall, Jr.

An officer with an anonymous report of drug activity in a park car could approach the car to inquire, but that was it. Corroboration here was only to the extent of the fact the car was where it was said to be and two people were in it. Nothing else was learn from talking to the people in the car to justify further detention, and the motion to suppress was properly granted. State v. Wilson, 2008 Tenn. Crim. App. LEXIS 962 (December 11, 2008).* Police officer's knock-and-talk looking for a person involved in a rollover accident were engaged in a criminal investigation, and the occupant was entitled to warnings of a right to refuse entry. State v. Freepons, 2008 Wash. App. LEXIS 2873 (December 11, 2008): The Washington Supreme Court has noted that "there is a fundamental difference between requesting consent to search a home and requesting consent to enter a home for other legitimate investigatory purposes...continue to full post

Full post as published by Fourth Amendment on December 18, 2008 (boomark / email).