Charles Derryberry v. United States
CriminalProcedure
Should the Court require that the purpose of the informant's tip be true before it can be used to prosecute someone arising out of a stop?
QUESTION PRESENTED lilinois v. Gates, 462 U.S. 218 (1983) established the “totality of the circumstances analysis” for determining if an informant’s tip provided sufficient probable cause for a traffic stop. Here, the informant provided untrue information as to the criminal activity occurring in the vehicle (shipment of drugs) because she, in part, wanted to put Charles Derryberry in jail and away from her daughter. No drugs were found, but a gun was found in the vehicle in proximity to Derryberry — a convicted felon — resulting in his conviction for possession of a weapon by a prohibited person. Should the Court require that the purpose of the informant’s tip be true before it can be used to prosecute someone arising out of a stop? i