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Ross

A friend got pulled over and arrested. His car was impounded. A few days after getting his car back, the police arrive at his house saying that they received an anonymous tip to look in his trunk, under the spare tire, for marijuana. They looked, they found, he is charged with possession.

No one but he knew that there was marijuana in his trunk, so it looks like the police looked first and then came up with the story of the tipster. Is there anything he can do in this situation? What are the rules about anonymous tips?

 

HappyMan

Hire a lawyer.

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Paulie420

Another scenerio - The impound lot tipped off the police. Which wouldn't do a lot for his criminal case... but may give him an outlet to look into.

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Paulie420


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Conine

Definitely sounds like the impounders... wonder why they were looking under the tire? (Cant trust anyone these days)

I dunno, sounds like mixed blessings. I would wonder why if they found it they wouldn't just make the bust on the spot. Illegal search by the impounders??? Your friend was probably thinking, whew, they didn't find it... but then to find it a few days later?

Something sounds out of whack here. I know if my car was impounded with weed in it, I'd be praying they never found it, and then remove it immediately once my car was back, but then again, after a few days, who's thinking they're coming back with a warrant?

As far as rules regarding anonymous tips... unfortunately the deck seems to be stacked against us. I don't believe they have to reveal their source, and from what I've read from Niteshift, an anonymous tip is probable cause.... which sounds to me like your neighbors can just decide to make your life miserable, which is crap.

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goldberry

i wonder if an anonymous tip is enough to warrant the search of your friend's car? did the cops ask for permission to search?

if anonymous tips do warrant a search then what's to stop a cop from giving himself anonymous tips on anybody he wants to search?

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Niteshift

"Definitely sounds like the impounders... wonder why they were looking under the tire? (Cant trust anyone these days)"

Actually, in most states, cars towed for parking or impounded are allowed to be inventoried by the tow company. This is as much for their protection as anything. This helps prevent you from coming back and saying that your diamond collection and 100 gold coins were in the glove compartment.

Among the items on almost every impound inventory checklist are spare tire and jack. These are items commonly claimed to have been stolen. You get pissed at the tow company and claim your $200 Goodyear tire was stolen, when in reality there was not even a spare tire at all.

Likewise, every tow sheet I've ever used in law enforcement has had us document not only the presence of the spare tire and jack, but the condition of both (good, fair, poor, damaged etc).

"I don't believe they have to reveal their source, and from what I've read from Niteshift, an anonymous tip is probable cause...."

Sometimes, but not always.

Where the true test is on anonymous tips is if the tipster gives very specific information that wouldn't be commonly known.

Example: I get a call that a red 4 door car will have drugs in the trunk and be coming into town sometime Saturday. That tip will not fly.

I get a call that a red 4 door Sable, Virginia license plate #123456 will be arriving on Saturday evening, driven by a white male with dark hair and a beard. That tip stands a chance to be upheld.

Without consulting any references, I think the controlling case on this matter is White vs. Alabama, but I might be wrong.

"i wonder if an anonymous tip is enough to warrant the search of your friend's car? did the cops ask for permission to search? "

If the answer to the first part in that judicial circut is yes, then the second part is moot.

"if anonymous tips do warrant a search then what's to stop a cop from giving himself anonymous tips on anybody he wants to search?"

As I said above, for tips to be upheld, they must be specific, not general. I can't call in a tip to myself that drugs are arriving in a red car and expect it to hold up.

Similarly, if I had enough information to uphold the anonymous tip, then I'd have probable cause and wouldn't need to pretend to have an anonymous tip because I'd already have grounds for a search.

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Ross

Niteshift, I appreciate the help. You always take the time to provide such detailed and specific responses. I appreciate it.