NOT GUILTY
The anonymous tip was not enough for a frisk. The Anonymous tip gave a claim if criminal activity (an attempt to sell drugs) and a clothing/face description. Nothing else was articulated by the officer as suspicious. Nothing about being alone at night in a parking lot, not anything about wearing a mask, no evasive behavior mentioned, no strange or loose explanation the defendant gave about why they were there. Just immediately frisked based on the anonymous 911 call that only gave a statement of attempted sale and description.
Without any other support factors to substantiate the 911 call, such as the tools to a crime, etc, the Court finds that the frisk was Illegal because the circumstances did not raise to RS. The Call needed more details, or more details raising to RS needed to be combined with the call on scene. If the 911 call were not anonymous I would be more sympathetic as well.
Because the frisk was illegal, the PC to search the car was derived from Fruit of the Poisonous Tree. Therefore the drugs are stricken and all charges unsubstantiated without the evidence.
