Ep. #280: Can we search backpacks off of a shots fired call?

📌 Patdown Based on Anonymous Tips

A patdown (or “Terry frisk”) is a limited search for weapons. If you receive an anonymous tip that someone is illegally carrying a weapon, you must prove that the tip is reliable. Fla. v. J.L., 529 U.S. 266 (2000). Typically, this means that the tipster has an indicia of reliability and the information is independently corroborated.

Here’s what to watch out for in this area: citizens boldly claiming that someone illegally possesses a weapon, without evidence, should not be used to detain people. Otherwise, a person could easily harass someone he didn’t like by claiming, without proof, that someone is illegally carrying a gun. This doesn’t mean the tipster has to see the gun with his own eyes. But he would need to provide you with inside information, information that the general public would not know.

For example, a tipster tells you that he overheard that John Doe is going to burglarize ABC jewelry store at two p.m., and he is armed with a gun. You look up John Doe and he’s on parole for robbery. You then see John Doe walking up to ABC jewelry store at 3:30 (criminals have horrible time management). You could lawfully detain and frisk Doe based on this tip, even though the tipster never saw the gun and remained anonymous.

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