Malcolm v. State

BLACKWELL, Judge.

The issue here is whether the federal and state constitutions prohibit a warrantless automobile search based on an informant’s tip which has been extensively investigated by the police. We conclude that the federal and state constitutions do not bar such action where the tip is credible under the “totality of the circumstances” test of Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). 1

I

Officer Dennis R. Gibbins (Gibbins) of the Montgomery County Police Department received information that Ricky Lewis (Lewis) would be participating in the manufacture and…