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IN: Identified CI's relating merely innocent details not enough

By John Wesley Hall, Jr.

Identified but unknown CI did not provide justification for the defendant’s stop because he merely relayed generally known information that show no reason to believe that a crime was occurring. L.W. v. State, 2010 Ind. App. LEXIS 700 (April 22, 2010): Here, there is no evidence in the record that law enforcement had verified Shockley's identity or that his reliability was known prior to the investigatory stop of L.W. On this record, while Shockley identified himself, he was nonetheless a virtual stranger. Neither Officer Cantrell nor the police department knew whether he was "a concerned citizen, a prankster, or an imposter." See Glass, 769 N.E.2d at 643. And there is no evidence that Shockley identified himself in such a way that would place his credibility at risk or subject himself to criminal penalties...continue to full post

Full post as published by Fourth Amendment on May 01, 2010 (boomark / email).