USA v. Rose, No. 20-10463 (5th Cir. 2022)
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The government challenged the district court’s partial grant of Defendant’s motion to suppress. The Fifth Circuit reversed, concluding that the evidence at issue was obtained following a constitutionally valid investigatory stop and thus did not warrant suppression on that account.
The court explained that all three of the Navarette factors favor the government. The tipster identified himself as an eyewitness to the events in the liquor store parking lot; he professed to describe those events as they unfolded, and the setting the officers found on their arrival five minutes later tended to support that timeline; and he used the 911 emergency system, which, as reflected by the record, both traced his number and recorded his call. Accordingly, to the extent that the factor concerning the informant’s reliability tends in any direction, it leans the government’s way. Second, the court wrote, that the information provided by the informant, despite his requested anonymity, was highly specific. Third, although some discrepancies were encountered, the information conveyed by the informant was mostly consistent with what the officers discovered when they arrived on the scene. Thus, having determined that all the factors weigh in favor of the government, the court concluded that, even when viewing the evidence in the light most favorable to Defendant, no reasonable view of it supports the district court’s ruling.
This opinion or order relates to an opinion or order originally issued on July 29, 2022.
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