NCJ Number
73713
Journal
From the State Capitals Dated: (October 1, 1980) Pages: complete issue
Date Published
1980
Length
5 pages
Annotation
Legislative and administrative developments affecting State and local police and other law enforcement agencies as of October 1980 are reported for Florida, New Jersey, and Maryland.
Abstract
The Florida supreme court has held that police officers working on a reasonably valid anonymous tip may stop and frisk a person. Resolving conflicting opinions issued by two lower appeals courts, the high court decided that tips need not be rejected as probable cause merely because they are anonymous. In the case, a concealed weapon obtained through a police search instigated by an anonymous tip was initially suppressed as evidence but reestablished by both an appeals and the State supreme court. The courts decided that the extensive information given by the tipster about the suspect constituted probable cause. In reversing the drug conviction of a Washington County man, the Maryland Court of Appeals held that police did not have the right to inspect a plastic bag containing personal effects and drugs. This ruling further clarified the States application of a U.S. Supreme Court ruling that certain items, as personal property, cannot be searched without a warrant. In a split decision, the court ruled that, if a police officer has no reason to believe a crime has been committed, items in 'plain view' cannot be seized. In the case, a State trooper seized a bag containing pills when their owner became nervous and aroused the officer's attention. The dissenting opinion held that the nervous behavior and observation of the pills were enough reason to seize the bag. Finally, the New Jersey supreme court has changed two court rules and now requires judges and the police to issue summonses rather than warrants for arrest in all but the worst offender offenses. Although the court decision aims to eliminate jailing people for minor offenses, police officials are sceptical. Further discussion summarizes the rules thenselves, problems with the old rules, and crimes or offenses still subject to arrest.