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To: JRandomFreeper
The case almost right on point for anonymous tips is Florida v. JL. If the court applies that case law then this search will be tossed. The only distinguishing fact here that the government could argue is that responding to a DWI accusation warrants a faster response than the facts in the above case (anonymous tip identifying the location of a person with drugs with no corroboration). State courts and other lower federal courts have been split on this question. Praying for the 4th Amendment to survive this one.
24 posted on 01/21/2014 10:16:45 AM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Clump

Even in the world of DWI enforcement the officer who makes a stop generally swears to the nature of unsafe driving or a moving infraction. I would be fine if the tipster could be made to testify to the nature of the unsafe driving. But anonymous for me is too much like having a baggie of drugs or a gun to drop near a suspect as evidence. The potential for abuse is absolutely enormous.


26 posted on 01/21/2014 10:41:26 AM PST by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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