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Criminal Law

: Fourth Amendment

CA7: Exemplifying the low standard of RS: that a citizen informant thought a particular vehicle was involved in shots fired was enough

By John Wesley Hall, Jr.

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Information to the police that shots may have been fired was sufficient to justify a stop when another person said he "thought" that the people were in a particular van. The standard is reasonable suspicion, not probable cause. Key here was that the statement came from an identified citizen informant. United States v. Booker, 2009 U.S. App. LEXIS 19398 (7th Cir. August 28, 2009): Tennin's statements to police provided the officers with enough information for officers to believe a crime occurred and that Booker may have been involved. First, police received a 911 call reporting gunshot fire. When Officer Presley arrived, Tennin flagged him down, identified himself, and reported a battery that occurred earlier in the evening. Tennin gave the address of where the battery occurred and the area in which he believed he heard the gunshot...continue to full post

Full post as published by Fourth Amendment on September 01, 2009 (boomark / email).

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