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United States v. Muhammad

United States Court of Appeals for the Second Circuit

204 Fed.Appx. 236 (2006)

Relevant factsFree

An anonymous 911 caller reported a black man in white clothing riding a bicycle and carrying a gun in a Buffalo neighborhood; responding officers spotted a matching bicyclist and attempted to stop him using their patrol lights, but he sped away and was only apprehended, later identified as Abdul Muhammad (defendant), after being boxed in by a second patrol car. Officers noticed a gym bag on his back, and although Muhammad claimed it held a baseball bat, officers -- aware of the area's high-crime reputation and lack of nearby baseball fields -- patted down the bag, felt what seemed like a gun muzzle, and found an assault rifle inside. Muhammad, charged as a felon in possession of a firearm, moved to suppress the rifle, and after the district court denied his motion, he appealed.

IssueFree

Whether an anonymous tip alerting the police to potential criminal activity must have sufficient indicia of reliability to provide reasonable suspicion to make the investigatory stop.

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