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firearm possession "innocuous conduct"

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Old 03-05-2012, 08:03 PM   #1
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firearm possession "innocuous conduct"

http://www.ca3.uscourts.gov/opinarch/111136p.pdf


Quote:
Police officers in St. Thomas, Virgin Islands stopped Ahmoi Lewis after receiving a tip from a reliable source that individuals in a white Toyota Camry with the number 181 in the license plate were carrying firearms.

Not that there were no reliability issues with the tip. The only issue was whether the possession of firearms justified a detention, and the Court answers NO!


Quote:
Our conclusion here that the tip was insufficient to justify the traffic stop of Lewis’s vehicle flows logically from the reasoning in Ubiles. Jackson received a tip that individuals in a white Toyota Camry, bearing the number 181 in the license plate, had firearms in their possession. Jackson testified that his conversation with his source was brief and that no information was provided about the legality of the firearms. This information alone does not permit an officer to suspect—let alone reasonably suspect—that possession of either firearm was illegal or that the firearms were being used in a criminal manner.
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