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Gun Conviction From Anonymous Tip Reversed

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The Associated Press

Published: September 19, 2008

TALLAHASSEE - Police cannot stop and search people based solely on anonymous tips, the Florida Supreme Court affirmed Thursday, but the justices said that does not mean officers cannot respond to those kinds of reports.

The justices commented in a 5-2 opinion that reversed the conviction and 15-year sentence of George Baptiste for possession of a firearm by a convicted felon.

Miami-Dade County police arrested Baptiste after getting an anonymous phone call that a man had waved a gun in front of a grocery store in the morning darkness of Dec. 30, 2004. Officers found Baptiste at the scene and frisked him at gunpoint although they had not seen him with a weapon or doing anything suspicious.

The search turned up the gun Baptiste claimed he found behind the store. It was allowed into evidence by the trial judge, who rejected Baptiste's argument that it was obtained through an illegal search.

The Supreme Court majority, though, cited prior Florida and U.S. Supreme Court rulings in deciding the gun should have been suppressed because Baptiste was searched solely on the basis of unverified anonymous information and officers had no reasonable suspicion for detaining him.

"Our holding today should not be interpreted to imply that, upon receipt of an anonymous call that someone has publicly waved a firearm, officers cannot or should not respond or approach that individual to further investigate," Justice R. Fred Lewis wrote.

Drawing weapons and detaining someone without reasonable suspicion violates the constitutional right against unreasonable searches and seizures, the majority said.

The prosecution could retry the case, but it would have to be without the gun evidence.

In dissent, Justice Charles Wells wrote that police should not be penalized for taking steps to protect themselves. He noted that 68 officers were fatally shot in the line of duty nationwide last year and cited shooting sprees at Virginia Tech and Columbine High School in Colorado.

Lewis acknowledged such fears.

"However, we must not and cannot allow fear of the unknown simply to siphon away the constitutional rights of American citizens - rights which are the touchstone of our democratic society," Lewis wrote.

Justice Kenneth Bell joined Wells' dissent. Raoul Cantero, who resigned effective Sept. 5, concurred with the majority's result only, not its explanation.

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