Federal Circuits, 4th Cir. (March 29, 2002)
Docket number: 01-4671
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U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 924 - Sec. 924. Penalties
US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
U.S. Supreme Court - Alabama v. White, 496 U.S. 325 (1990)
U.S. Supreme Court - Terry v. Ohio, 392 U.S. 1 (1968)
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
U NITED S TATES OF A MERICA , Plaintiff-Appellee,v. No. 01-4671 M ARLON S TAFFORD B ENJAMIN , Defendant-Appellant. Appeal from the United States District Courtfor the Middle District of North Carolina, at Durham.N. Carlton Tilley, Jr., Chief District Judge. (CR-01-125)Submitted: March 21, 2002Decided: March 29, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.Affirmed by unpublished per curiam opinion. COUNSEL Louis C. Allen, III, Federal Public Defender, John A. Dusenbury, Jr.,Assistant Federal Public Defender, Greensboro, North Carolina, forAppellant. Anna Mills Wagoner, United States Attorney, Sandra J. Hairston, Assistant United States Attorney, Greensboro, North Caro-lina, for Appellee.Unpublished opinions are not binding precedent in this circuit. SeeLocal Rule 36(c). OPINION PER CURIAM:Marlon Stafford Benjamin appeals his conviction after a conditional plea of guilty to possession with intent to distribute cocaine base ("crack") in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(A) (West 1999 & Supp. 2001), and possession of a firearm during a drug trafficking crime in violation of 18 U.S.C.A. § 924(c)(1)(A)(i) (West 0). Benjamin challenges the denial of his motion to suppress evidence obtained during the allegedly illegal investigatory stop of his vehicle. We affirm.Benjamin contends that the information provided to the officers was not sufficiently reliable to provide reasonable suspicion to support the stop of his vehicle. We disagree. Although an anonymous tip, by itself, is not sufficient to form the basis for an investigative stop under Terry v. Ohio , 392 U.S. 1 (1968), "there are situations in which an anonymous tip, suitably corroborated, exhibits sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Florida v. J.L. , 529 U.S. 266, 270 (2000) (citing Alabama v. White , 496 U.S. 325 (1990)).Here, in addition to the anonymous tip, the officers had information which had been provided by Benjamin's girlfriend, Ms. Walker. Benjamin argues that her statement was not reliable because she provided the information out of anger or to get revenge on Benjamin. However, some of the information provided by Ms. Walker was consistent with the officer's knowledge. Also, because Ms. Walker provided the information in person, the officer had the opportunity to judge her credibility, and Ms. Walker could have been held accountable if she had made false accusations to the officer. As in United States v. Christmas , 222 F.3d 141 (4th Cir. 2000), cert. denied ,Try vLex for FREE for 3 days
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