The informant said that she had seen the three suspects in a Lincoln Continental bearing California license plates, and added that they resided in California and were getting ready to return. The caller also revealed that the first name of one of the men was "Kareem," who the caller described as being "clean-cut," about six feet tall, and weighing approximately pounds.
The caller also told Oliver that Kareem was located in the area of 70th and Clyde and that he was staying with a woman and child in an apartment across the street from the apartment where the caller had seen him and heard the discussion about the bank robbery. The caller concluded the conversation by giving Oliver the telephone number of the apartment where Kareem was ensconced. Oliver went to his office, checked the telephone number that the informant had given him, and learned that it belonged to a second-floor residence at South Clyde.
Oliver and several other police officers conducted surveillance in the area, and discovered a light blue Lincoln Continental with California license plates parked approximately one block from South Clyde. During their five-hour surveillance, the officers did not have any of the surveillance photos from the bank robbery and therefore relied exclusively on the description that the confidential informant had given. Chicago Police Officer Brad Williams, who was surveilling the area from a van feet from South Clyde, saw a man fitting the caller's description accompanied by a small child emerge from the entrance to South Clyde.
The man walked directly across the street and entered an apartment building. A few minutes later, he reappeared without the child and returned to South Clyde.
A short while later, the man exited from the building, crossed the street, walked north to the intersection of 70th and Clyde, looked all around, and then started walking south on Clyde. When Officer Williams lost sight of the man, he radioed his observations to all of the other surveillance officers.
At approximately p. Officer Oliver, Sergeant Daniel Brannigan, and Sergeant West observed the man walking towards them after they had heard Officer Williams' radio reports. The man looked all around him "furtively" as he walked, and entered a clothing store at the corner of 71st and Clyde. Officer Oliver waited for the man outside the store, and approached him with his gun drawn and pointed down. Officer Oliver informed the man that he was a police officer and asked him his name.
Mini Controversy!
Officer Williams later testified that the man said his name was "Kareem something. On appeal, the defendant argues for the first time that under Terry v. Ohio, U.
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Because the defendant did not raise this argument below except as an alternative analysis of the arrest as an excessive Terry stop and the trial judge therefore had no opportunity to consider this claim, the issue is deemed waived on appeal. United States v. Whaley, F. Duckworth, F. Defense counsel has not suggested that there are any "exceptional circumstances where justice demands more flexibility," International Travelers Cheque Co.
Bankamerica Corp. Sergeants Brannigan and West drove up and placed the defendant in the back seat of the car. Sergeant Brannigan read Towns his Miranda rights, which Towns never asserted. The officers then drove Towns approximately one block from his arrest allegedly to minimize the impact of his arrest on the ongoing surveillance.
Sergeant Brannigan sat in the back seat of the car and pointed a shotgun at the defendant as he entered the car, but put it to his side as they drove away from the area.
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Immediately after the defendant entered the car, Sergeant Brannigan placed his hand on the defendant's chest in an attempt to discern whether the defendant was unduly frightened by his arrest. None of the officers physically abused Towns and they did not find him to be frightened or uncooperative. When they parked about a block away, the officers told the defendant that he had been arrested for a bank robbery and asked him about his involvement in the Illinois Service Federal robbery and for identification.
The defendant responded that he was not involved in any robbery, that he was not carrying any identification, and that his identification was in his girlfriend's apartment at South Clyde. Sergeant Brannigan told the defendant, "You are not going to be released from this car until we determine who you are and what's going on here, because you fit our description of someone who is wanted for a very serious offense, and until we get some intelligent answers, we are going to have to work this out some way.
Barrett-Jackson Car Search
The officers drove to the alley behind South Clyde and entered the second floor apartment through a back door with the defendant's key. After determining that no one else was present, the officers asked the defendant where his identification was, and the defendant said that it was in his luggage in the bedroom. In the bedroom, a piece of open luggage was on the bed and a blue gym bag was on the floor next to a pair of men's gym shoes.
The defendant stated that all of the luggage belonged to him. The officers searched the defendant's luggage and the entire apartment from "top to bottom" for a seven-hour period.
The handcuffed defendant remained at the apartment during this entire period. The following items found in the search were admitted into evidence at the trial: 1 a Kansas traffic ticket issued to a Lamont Jackson, who was ticketed while driving the Lincoln Continental that defendant Crane had rented in California; 2 a small blue vinyl bag similar to the one that defendant Gilkey was photographed with during the bank robbery; 3 an empty ammunition clip that would fit only a.
The police later towed away the Lincoln Continental and, during an inventory search, discovered the following evidence that also was admitted at Towns's trial: 1 the rental car contract that defendant Crane had signed as David Alvin; 2 a blue jacket that was similar to one allegedly worn by defendant Towns during the bank robbery; and 3 a black coat that was similar to the Eisenhower jacket worn by defendant Crane during the robbery.
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In late January , FBI agents visited the Dunes Motel at Stoney Island in Chicago and obtained a registration card that indicated that a man named "Alvin David" stayed there on the nights of January 28 and 29, Owners of the motel identified Crane as Alvin David from a photospread, and testified that Crane was driving a Lincoln automobile with California license plates.
The motel owner later went to the room Crane had stayed in and discovered a black ski mask and a loaded. Towns initially asserts, as he argued in his unsuccessful pretrial motion to quash and suppress, that probable cause did not exist at the time of his arrest and that all evidence obtained as the fruits of the arrest therefore should have been excluded as evidence. When reviewing a district court's probable cause determinations, we will rely on the court's factual findings unless they are clearly erroneous.
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Price, F. Lima, F. We review the district court's legal determination of probable cause, however, de novo, employing the following standard:. The police have probable cause to arrest an individual where "the facts and circumstances within their knowledge and of which they [have] reasonable trustworthy information [are] sufficient to warrant a prudent [person] in believing that the [suspect] had committed or was committing an offense.
Gates, U. The determination of whether probable cause exists in a given situation involves "the factual, practical considerations of everyday life upon which reasonable, prudent [persons], not legal technicians act. Watson, F. United States, U. Goudy, F. We find that the district court's factual findings were not clearly erroneous and that the officers had probable cause to arrest Towns based on the informant's tip and their corroborating surveillance.
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In Illinois v. See Spinelli v. Texas, U. Under the Gates test, a magistrate who issues a warrant assesses an informant's "veracity," "reliability," and "basis of knowledge" under the totality of the circumstances in determining the value of an informant's report in establishing probable cause. Because "the standards applicable to the factual basis supporting the officer's probable-cause assessment at the time of the challenged arrest and search are at least as stringent as the standards applied with respect to the magistrate's assessment," Whiteley v.
Warden, U. While under the totality of the circumstances test we still consider the informant's veracity, reliability, and basis of knowledge as important factors, "a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability. The factual circumstances in Gates are not unlike those present in this case. In Gates, the police received the following anonymous letter:. Most of their buys are done in Florida. Sue his wife drives their car to Florida, where she leaves it to be loaded up with drugs, then Lance flys down and drives it back.
Sue flys back after she drops the car off in Florida. May 3 she is driving down there again and Lance will be flying down in a few days to drive it back. They brag about the fact they never have to work, and make their entire living on pushers.
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While surveillance corroborated some of the letter's predictions, the Court noted that "[t]he letter provides virtually nothing from which one might conclude that its author is either honest or his information reliable; likewise, the letter gives absolutely no indication of the basis for the writer's predictions regarding the Gateses' criminal activities. The Court also observed that the couple's subsequent travel was "as suggestive of a pre-arranged drug run, as it is of an ordinary vacation trip. The Court nevertheless reversed the Illinois Supreme Court's ruling that probable cause was lacking: "[I]n this case, just as in Draper [ v.
White, J. In the present case, the district judge correctly found that the informant's tip alone was not sufficient to establish probable cause to arrest Towns. While a citizen informant is inherently more reliable than the usual police informants who are often mired in some criminal activity themselves, United States v. Rowell, F. Nonetheless, a history of reliability is not the only method for assessing whether a source is reliable in a particular instance; independent police work that corroborates the information received can confirm the informant's reliability.
See United States v.