• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Annonymous telephone "tip"... Probable cause??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Bluiez

Junior Member
What is the name of your state? Texas
Does an annonymous telephone call to a cities Police Department constitute legal probable cause? Secondly, how does one make an annonymous phone call to a police department? This was the grounds for a warrantless/denied consent and nothing in plain view search and seizure. The PC affidavidt submitted by an officer states the phone call was annonymous but that was their probable cause. Does this meet the legal criteria?What is the name of your state?
 


JETX

Senior Member
Bluiez said:
Does an annonymous telephone call to a cities Police Department constitute legal probable cause?
Depends on what the caller claimed.... and what crime was alleged.

[qutoe]Secondly, how does one make an annonymous phone call to a police department?[/quote]
Very easily. Ever heard of a payphone??

Does this meet the legal criteria?
Depends on LOTS of things. What did you attorney say when you asked him??
 

CdwJava

Senior Member
Bluiez said:
The PC affidavidt submitted by an officer states the phone call was annonymous but that was their probable cause. Does this meet the legal criteria?
What action did the officer take based upon the phone call?

If an anonymous call directs the officers to a location and the officers then make an independent determination that there is reasonable suspicion to make contact, then it's perfectly valid. An anonymous call generally will not be sufficient to conduct a search of an individual or a vehicle absent some other details, but it IS sufficient to draw law enforcement's attention to something.

For instance, if an anonymous caller reports that a drunk driver is driving down a particular street in a particular car, the officer could not stop and detain on the basis of the call but it would certainly be sufficient for him to observe the vehicle for some other cause to detain the driver.

- Carl
 

Bluiez

Junior Member
Actions taken....

The actions taken were by the task force and they surrounded my vehicle and with weapons drawn, ordered me out of my vehicle. They then searched my vehicle. Their PC affidavidt states that the annonymous telephone call was their probable cause.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top