Legal Opinion · Dissent

Kellems v. State

Indiana Supreme Court

Decided February 16, 2006No. 62S05-0501-CR-15Published

1DissentRucker, J.

A tip given to police by a purported "concerned or cooperative citizen" standing alone is not sufficient in my view to justify an investigatory stop. According to the majority, a tip from this category of persons carries sufficient indicia of reliability because "[these individuals generally come forward with information out of the spirit of good citizenship and the desire to assist law enforcement officials in solving crime." Op. at 356 (quoting Pawloski v. State, 269 Ind. 350, 380 N.E.2d 1230, 1232 (1978)). Whatever validity this assertion may have as a general proposition, there is simply…

2Cases cited3 opinions

  1. Pawloski v. StateIndiana Supreme Court · 1978
  2. State v. GlassIndiana Court of Appeals · 2002
  3. Kellems v. StateIndiana Court of Appeals · 2004

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