Anonymous tip not sufficient corroborated under totality of circumstances: HENSON V. COM (SC 2/21/2008)

HENSON V. COM
CRIMINAL:  Anonymous Tips
2005-SC-000666-DG.pdf
PUBLISHED: REVERSING AND REMANDING
OPINION BY ABRAMSON; MINTON, SCHRODER NOT SITTING
DATE RENDERED: 2/21/2008

On discretionary review, SC again reversed the CA and TC, holding that under the totality of the circumstances, the stop was not justified. The anonymous tip was not suitably corroborated and did not provide sufficient indicia of reliability to justify the initial stop, thus tainting any alleged subsequent consent. Particularly noteworthy is the absence of any predictive components about where Henson would be going or what he would be doing. There were no details indicating how the caller knew about the illegal drugs. The absence of a predictive component distinguishes these facts from Stewart v. Commonwealth, 44 S.W.3d 376 (Ky.App. 2000).

Digested by Scott C. Byrd
www.olginandbyrd.com

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