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Content of 911 call itself can form basis of knowledge

By John Wesley Hall, Jr.

The content of the 911 call in this case showed its basis of knowledge. State v. Posey, 2008 Ohio App. LEXIS 766 (10th Dist. March 4, 2008): P16 As set forth above, in this case, the 911 caller's basis of knowledge lends to her credibility. "Typically, a personal observation by an informant is due greater reliability than a secondhand description." Weisner, at 302, citing Gates at 233-234; State v. Livengood, Lake App. No. 2002-L-044, 2003 Ohio 1208, at P11 ("A citizen-informant who is the victim of or witness to a crime is presumed reliable."). (Citation omitted.) We also note that courts have afforded additional reliability to tips when the caller is requesting immediate police assistance "within minutes of being threatened" and able to describe the suspect, as was the case here...continue to full post

Full post as published by Fourth Amendment on March 07, 2008 (boomark / email).