state patrol received call from man identifying himself as attendant at Roadway Truck Stop in Effingham, Illinois, on 1-57; record not clear that he gave his name, but counsel for defendant conceded that he must have identified himself; caller said man had used stolen credit card to make purchase and described car and di rection of car; trooper did not call station back to verify the identity of caller before stopping car; held, trooper was justified in believing that caller was who he said he was and in assuming he was being truthful
How later courts described this case
- state patrol received call from man identifying himself as attendant at Roadway Truck Stop in Effingham, Illinois, on 1-57; record not clear that he gave his name, but counsel for defendant conceded that he must have identified himself; caller said man had used stolen credit card to make purchase and described car and di rection of car; trooper did not call station back to verify the identity of caller before stopping car; held, trooper was justified in believing that caller was who he said he was and in assuming he was being truthful
- “If hearsay information is acceptable in arriving at probable cause, and it is, ... then hearsay based on hearsay should be acceptable as long as the police officer [or magistrate] has sufficient information so that both levels of hearsay meet the two-pronged test spelled out in Aguilar.” [citation omitted]
- information volunteered by identified party carries with it indicia of reliability
- information provided by known citizens "carries with it indicia of reliability"
Written by the judges who cited it.
The opinion
DUFFY, Senior Circuit Judge
(dissenting).
I agree with and concur in Judge Kil-ey’s dissenting opinion. For the reasons stated therein and also for the reasons set forth in my original opinion in this cáse, I would reverse the judgment of conviction.