NCJ Number
161046
Journal
Crime to Court, Police Officer's Handbook Dated: (January 1996) Pages: complete issue
Date Published
1996
Length
20 pages
Annotation
This police training booklet presents the opinion of the U.S. Court of Appeals 11th Circuit in United States v. Gibson (1995), which pertains to the legality of an investigatory stop and search based on an anonymous tip that the individual stopped was carrying a gun; the booklet also profiles the community- policing strategy used in Conway, S.C.
Abstract
Based on an anonymous tip that an individual matching a certain description was carrying a weapon in a bar named by the tipster, two police officers entered the bar and approached the only individual in the bar who matched the description given in the tip. He was "patted down," and a gun and ammunition clip were found on his person. He was then arrested. At trial, the defendant argued that the anonymous tip did not have sufficient reliability to justify the stop and frisk, and thus moved to have the gun thrown out as evidence. The trial court rejected the defense motion, and the case was eventually appealed to the 11th Circuit Court of Appeals. The appellate court held that the stop and frisk was justified based upon the reasonable suspicion held by the officers; the governmental intrusion upon the defendant's privacy interest was minimal and justified, given the danger that firearms present to the general public. A legal commentary by the author follows the statement by the court. The profile of the Conway (South Carolina) community policing program focuses on its uniqueness. In addition to officers parking their cars and walking in the neighborhoods to talk one-on-one with people, the policing strategy involves a street team, a bike patrol, and a patrol for the marina. Each of these features of community policing is described. A post-test on the material is included.