United States v. Aviles-Vega, No. 13-2362 (1st Cir. 2015)
Annotate this CaseAn unidentified caller informed law enforcement officers that, as he was driving, he had observed a pistol being openly passed between the passengers of the the car in front of him. Acting on the information, police officers ordered Defendant to get out of a parked car and frisked him. The officers discovered a loaded pistol in Defendant’s possession. Defendant subsequently pled guilty to possession of a firearm by a prohibited person. Defendant appealed the denial of his motion to suppress the evidence of the firearm from the frisk, arguing that the information provided by the anonymous caller was not sufficiently reliable to provide the officers with the reasonable suspicion. The First Circuit affirmed, holding that the report from the unidentified caller was sufficiently reliable to create reasonable suspicion of criminal activity under Puerto Rico law, thus justifying the police officers’ decision to stop and frisk the vehicle’s occupants.
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