United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
matter is before the Court on the Motion to Suppress
Evidence, filed by Defendant, David Watson, on November 20,
2015. (DE #19). For the reasons set forth below, the motion
David Watson (“Watson”), is charged with being a
felon in possession of a firearm, in violation of 18 U.S.C.
section 922(g). Watson has moved to suppress all evidence
seized or derived from his seizure on July 5, 2015, claiming
violations of his Fourth Amendment rights. In his motion,
Watson claims that his seizure was based on an uncorroborated
anonymous tip which, under the circumstances, was
insufficient to justify the seizure.
Court held an evidentiary hearing on the matter on January
11, 2016, at which Officers Anthony Boleware (“Officer
Boleware”) and Wayne Dodson (“Officer
Dodson”), of the Gary Police Department, testified. At
the conclusion of the hearing, the Court took the instant
motion under advisement and ordered that the parties submit
additional briefing to the Court.
making the following findings of fact, the Court has
considered the briefs of the parties, the evidence presented,
and the credibility of the witnesses. Therefore, the Court
finds as follows:
5, 2015, at 9:34 a.m., the following exchange took place over
the Gary Police Department's 911 dispatch system:
911 Operator: Gary 911
Caller: Hello. I'm calling [inaudible]
1832 West 5th Avenue they's, uh, boys [inaudible] parking
lot playing with guns and stuff.
911 Operator: 1832 West what?
Caller: 5th Avenue.
911 Operator: And there's boys in the
parking lot playing with guns?
Caller: Yes and they, uh, but they standing
there, it's a grey and greenish Charger, they standing
there, everybody just out there playing with they guns
911 Operator:Gray and green charger?
911 Operator:How old are you?
911 Operator:Is your parents there?
911 Operator:Do you live in the building?
Caller:No. I'm, I was at my friend's
house but they wasn't here and I left.
911 Operator:You at your friend house, your
friend parents there?
Caller:Um, no, I say, I was at their door,
there wasn't nobody there, so I left, but-
911 Operator:Do you know how many it is?
Caller:Uh, it's about 4 or 5, I think 5
911 Operator:You think it's 5 of em?
Caller:Yes, but I know it's more than 4,
911 Operator:Are they Black, White,
911 Operator:In the alley?
Caller:Um, in the parking lot across
911 Operator:They where?
Caller:In the parking lot across the street
911 Operator:In the parking lot across the
street from ...