 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
McSwain v. State9/15/1999
der for the corroboration to be meaningful enough to show reliability, . . . the information corroborated must include a range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted. In short, the information corroborated will generally need to be a prediction of future behavior . . . or something similar - that is, inside information not available to the general public. (Punctuation and citations omitted.) VonLinsowe v. State, 213 Ga. App. 619, 621 (1) (445 SE2d 371) (1994). Here, the lookout merely stated that a certain car with a certain number of passengers would be traveling north on I-95 toward one of the Carolina states and that the trunk possibly contained unspecified "contraband." This is simply not the kind of predictive "inside information" about alleged criminal activity that can be meaningfully corroborated and that is necessary to support an investigatory stop. See id.; Moreland v. State, 204 Ga. App. 218, 218-219 (418 SE2d 788) (1992); Johnson v. State, 197 Ga. App. 538, 539-540 (398 SE2d 826) (1990). Holton stands for the proposition that when police receive a detailed anonymous tip predicting future criminal activity, they need not corroborate every aspect of the tip before initiating a stop. Holton does not hold, however, that an anonymous tip that is bare of any details suggesting criminal behavior may justify a stop.
Because the State failed to present any evidence that the lookout in question was based on specific, articulable facts that gave rise to a reasonable suspicion of criminal activity, we conclude that the investigatory stop of the Honda violated the Fourth Amendment. The subsequent search was therefore tainted, and its results should have been suppressed. See Tarwid, supra at 856.
Judgment reversed. McMurray, P. J., and Andrews, P. J., concur.
Page 1 2 3 4 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|