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KY: Anonymous predictive tip defendant would show up at his paramour's house did not show PC

By John Wesley Hall, Jr.

The police received a tip that a man with a gun used in a homicide would be at a certain location. They stopped the car when the saw it for an alleged traffic offense, and admitted that they couldn’t give a ticket. Based on an alleged furtive movement, they decided to impound the car and defendant left on foot. A later search warrant for the car was issued, and the gun was found. The motion to suppress was denied, and the jury hung at trial. Defendant later entered a conditional plea and appealed. The Kentucky Court of Appeals reversed the denial of the motion to suppress because the basis for the search warrant was the anonymous tip that defendant would show up essentially at his girlfriend’s house was insufficient to show probable cause as a matter of law...continue to full post

Full post as published by Fourth Amendment on October 18, 2010 (boomark / email).