· 5/5/2006
United States v. Monteiro
Citations
- 447 F.3d 39
- 2006 U.S. App. LEXIS 11366
- 2006 WL 1195685
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that police unreasonably relied on a tip by an anonymous relative of a rival rang member who relayed the information, noting hearsay and motive concerns
- noting that corroboration of a tip may come in part from an individual’s recent arrest or affiliation for related conduct
- noting that corroboration may “eome[ ] in part from an individual’s gang affiliation and/or recent arrests for conduct related to the activity referred to in a tip”
- “[C]ourts have found that an individual’s criminal history corroborated reliable information, such as a police officer’s own observations, in constituting reasonable suspicion.” (emphasis added)
- additional rationale of heightened reliability for emergency calls when there is imminent threat to public safety
- “In evaluating whether reasonable suspicion existed, we ‘look at the totality of the circumstances of each case to see whether the detaining officer ha[d] a particularized and objective basis for suspecting legal wrongdoing.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Lipez, Saylor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.