U.S. v. Watson

In prosecution on unlawful possession of firearm charge arising out of police search of vehicle, which was based on anonymous tip from 14-year-old, who borrowed phone and reported seeing “boys playing with guns” in parking near “gray and greenish Charger,” Dist. Ct. erred in denying defendant’s motion to suppress seizure of gun, which occurred after police had blocked vehicle from leaving parking lot and directed occupants to get out of vehicle. Instant tip did not justify stop of vehicle, since: (1) tipster used borrowed phone, which made it difficult to find tipster; and (2) tipster’s sighting of guns displayed in parking lot did not describe likely emergency to justify stop, where report of mere gun possession constituted lawful conduct. Fact that tipster gave contemporaneous description of incident or that incident took place in “rough” neighborhood did not require different result. Moreover, mere possibility of unlawful gun use is insufficient to establish reasonable suspicion to stop vehicle.