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Name: People v. Dolly
Case #: B169971
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 05/03/2005
Subsequent History: Rev. GRANTED: S134505

Police received a 911 call reporting that the caller had been threatened by a male with a bandage on his left arm sitting inside a black Nissan Maxima with a gun in his pocket. Officers approached appellant’s car, a black Nissan Maxima, where he was inside with a cast on his left arm. They searched his vehicle, finding a loaded revolver. On appeal, appellant argued that the trial court erred by not granting his suppression motion because the uncorroborated 911 call was not a valid basis to search the car, which was legally parked. The appellate court disagreed and affirmed. The government’s interest in tracking down a person who was armed with a gun who had threatened the caller was strong and outweighed the intrusion on the occupants of the car. The occupants had a lesser expectation of privacy in the car than in a home. The anonymous tip provided sufficient justification for an investigative stop, and the detention and subsequent search did not violate the Fourth Amendment.