The Supreme Court has affirmed the granting of a motion to suppress. State v. Willoughby,
http://www.isc.idaho.gov/opinions/State%20v.%20Willoughby,%2035289.pdf
The Court held that an anonymous tip that there was a fight in a parking lot, which was not corroborated by officer observation or other evidence, did not amount to reasonable and articulable suspicion to seize the driver of a car which was stopped in the parking lot.
There is a lot more to this case, including a discussion of how to make an adequate record for appeal (the state forgot to admit diagrams of the parking lot drawn during the hearing into evidence) and whether there is a seizure of the driver of an already stopped vehicle as soon as the police turn on their overhead lights (Answer: Not per se, but it is an important factor). It is definitely worth a close read.
Congratulations to Fred Loats!
No comments:
Post a Comment