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State v. Myhre

11/8/2005

th license plates beginning with 21. At that point, Reddick also saw a clump of grass stuck in the truck's rear bumper, which Reddick connected to the report that the truck had driven into the ditch.


Myhre asserts that the vague description of the vehicle and the twelve mile difference in location where Reddick encountered the vehicle rendered the corroboration insufficient. We conclude, however, that twelve miles down the highway is a location "substantially as described by the informant" when the vehicles at issue are traveling at the posted speed of 75 miles per hour or more. Moreover, the vehicle Reddick observed shortly after receiving the dispatch matched the description given in the citizen report. We conclude that Reddick's observations sufficiently corroborated Yunis' citizen report as required in the third Pratt factor.


Based on the totality of the circumstances presented in this case, we conclude that the information provided by Yunis contained sufficient content and indicia of reliability to support a particularized suspicion on Reddick's part justifying the investigative stop of Myhre's truck. As a result, we hold that the District Court did not err in determining that Reddick had particularized suspicion to stop Myhre's truck and in denying Myhre's motion to dismiss on that basis.


Affirmed.


KARLA M. GRAY


We concur:


JOHN WARNER


PATRICIA O. COTTER


JIM RICE


BRIAN MORRIS




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