Anonymous Tips Are Not Always Reliable Enough To Justify A Stop

As a Kansas criminal defense lawyer, I often try to beat charges by arguing that the initial stop was illegal, in violation of the Fourth Amendment. The court then makes a legal determination as to whether the stop was valid. In State v. Ludes 27 Kan.App.2d 1030, 11 P.3d 72 (2000), the court held that there was not reasonable suspicion to stop the vehicle and that there was insufficient reason to stop the vehicle as a public safety stop.

In this case, there was a tip received by law enforcement that a person on a motorcycle "appeared to be injecting something into his arm with a needle." However, the tip was anonymous, thus lowering the reliability. Also, while the officer did locate the driver of the vehicle, the officer did not observe any poor driving. The police officer stopped the vehicle anyway. The Court later determined that the stop was illegal as the public safety stop was not justified and there was insufficient corroboration of the information provided by the anonymous caller.

This is a good case for an attorney to use when arguing for the suppression of evidence in many criminal defense and DUI cases. Police in Olathe and Overland Park, as well as throughout the Kansas City area pull people over all the time. Your attorney can evaluate whether a motion to suppress should be filed in your specific case.

Categories: Criminal law
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