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Officer's Have Heightened Duty to Confirm an Anonymous Tipster's Information

By Walin & Klarich

An Experienced Criminal Defense Firm will Expose a Lack of Reliability from an Anonymous Informant An anonymous tip, standing alone, seldom will exhibit sufficient indicia of reliability to support reasonable suspicion for an investigatory or traffic stop. An informant who provides information face-to-face to law enforcement is not considered the same as an anonymous tipster. See United States v. Romain, 393 F.3d, 63 (2004). Officers do not have the same duty to confirm the citizen informant's information before acting on it. When information is provided to law enforcement from an anonymous tipster, police officers do not have the opportunity to evaluate personally an informant's expression, tone of voice, and mannerisms.

Full post as published by Southern California Criminal Defense Blog on September 07, 2009 (boomark / email).