United States v. Steven Linwood Robinson

OPINION

Before HUFSTEDLER and CHOY, Circuit Judges, and SMITH,* District Judge. *1299HUFSTEDLER, Circuit Judge:

This appeal presents the question: Can founded suspicion, unlike probable cause, be based solely on the receipt by the stopping officer of a radio dispatch to stop the described vehicle, without any proof of the factual foundation for the relayed message? We hold that it cannot.

Robinson appeals from his conviction for interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312. The district court denied his motion to suppress evidence obtained after the vehicle…