U.S. v. Swinney

In prosecution on charge of felon in unlawful possession of firearm, Dist. Ct. did not err in denying defendant's motion to suppress search of defendant in liquor store, following anonymous 911 tip asserting that individual wearing black skullcap and black coat with fur had just pulled out large gun and entered said liquor store, which is violation of Illinois law. Record showed that after police were alerted to tip, police observed defendant in liquor store wearing clothing as described in call and found handgun in his coat pocket after conducting pat down search of defendant. While defendant argued that police did not have reasonable suspicion to search him based on anonymous tip, Ct. of Appeals found that instant anonymous tip was reliable, where tipster: (1) asserted eyewitness knowledge of reported event; (2) made report contemporaneously with reported event; and (3) used 911 system to make report. As such, officers could properly make Terry stop to effectuate instant search, where officers had enough information to establish reasonable suspicion that defendant, whose attire matched description of tipster, was violating Illinois law. Ct. rejected defendant’s claim that anonymous tip could not serve as basis for reasonable suspicion to search him.