An officer apprehends Lachs for possession of marijuana following a brief stop. The officer was responding to a tip given by an identified, unnamed informant that Lachs, a white female, and a black female had been dealing narcotics in a local bar and were presently outside the establishment smoking a marijuana cigarette. The caller informed the officer that the bar was located in a predominantly black neighborhood. Upon arriving at the scene, the officer observed that Lachs and the black male immediately separated and walked hastily in opposite directions; however, there was no indication that Lachs was smoking a marijuana cigarette when the officer arrived. The officer, without consulting the bar manager who had made the call, stopped Lachs and asked for identification. While Lachs attempted to produce identification from her pocketbook, the officer observed a manila envelope which turned out to contain containing marijuana. The officer thereupon placed Lachs under arrest.

Did the circumstances witnessed by the officer have an objective foundation for his suspicions? The court noted that the officer must evaluate certain factors to determine whether they reasonably suggest the suspects possibly commission, existing or imminent, of a crime. Formulate several factors that create an objective foundation for the arresting officer, and compare them with the finding of the court in the preceding case.

See Lachs v. State, 366 So.2d 1223, 1226 (Fla.App. 1979).

Submitted by Edward Morrison

Emory University School of Law

Answer
Whether information from an informant forms the basis for the requisite suspicion is determine by the totality of the circumstances.  Illinois v. Gates.  Two general factors are considered 1-whether the informant is a generally reliable witness and 2-whether the facts are set forth showing the informant's basis of knowledge (how/where he is getting his info).  A strong factor can make up for a weaker factor and correctly predicting future events may help corroborate the informant's credibility.  Courts are also generally more lenient when the informant himself is not a criminal.