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U.S. v. MILLER

No. 89-5698.

925 F.2d 695 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Bernice Malloy MILLER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1991.

As Amended February 12, 1991.

Attorney(s) appearing for the Case

Thomas E. Booth (argued), U.S. Dept. of Justice, Washington, D.C. (Robert H. Edmunds, Jr., U.S. Atty., Charles T. Francis, Asst. U.S. Atty., Greensboro, N.C., on the brief), for plaintiff-appellant.

Anne Rebecca Littlejohn, Greensboro, N.C., for defendant-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, SPROUSE, Circuit Judge, and HADEN, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

POWELL, Retired Associate Justice:

The question presented in this case is whether a police officer has probable cause to arrest a defendant when the officer is acting on an informant's tip and has corroborated a substantial portion of that tip through personal observation. The informant in the case before us had not provided the police with information in the past, but was providing this information in order to gain leniency on pending state charges. We hold that...

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