Re: Anonymous Tipsters Beware

[GlennACarlson@aol.com]

Actually, it is a search.  It's just not an "unreasonable" search since NRC 
licensees and other regulated entities have a reduced "expectation of 
privacy" versus a private citizen.

BTW, the ruling was a 9-0 "slam dunk" for the good guys.

Glenn A. Carlson, P.E.
glennacarlson@aol.com

<< Subj:     RE: Anonymous Tipsters Beware
 Date:  3/30/2000 1:58:39 PM Central Standard Time
 From:  kent.lambert@drexel.edu
 
 This ruling does not apply to anonymous tips to NRC, DOE, 
 OSHA, etc., since an inspection by a regulatory agency is not the 
 same as a seach.  
 
 Also note that whistleblower protection regulations or legislation 
 would not supersede a Constitutional Amendment.
 
 Kent Lambert
 kent.lambert@drexel.edu
 
  >>

<<
Subj:    Anonymous Tipsters Beware
Date:   3/30/2000 10:14:49 AM Central Standard Time
From:   bobscottchp@juno.com (Robert A Scott)

    Do you think that persons who try to anonymously tip off NRC or DOE to
assumed violations suggesting criminal conduct will be dissatisfied with
the ruling of the US Supreme Court below?

FLORIDA v. J.L. (3/28/00 - No. 98-1993)     Certiorari to the Supreme
Court of Florida

Argued February 29, 2000--Decided March 28, 2000

After an anonymous caller reported to the Miami-Dade Police that a young
black male standing at a particular bus stop and wearing a plaid shirt
was
carrying a gun, officers went to the bus stop and saw three black males,
one
of whom, respondent J. L., was wearing a plaid shirt. Apart from the tip,
the officers had no reason to suspect any of the three of illegal
conduct.
The officers did not see a firearm or observe any unusual movements. One
of
the officers frisked J. L. and seized a gun from his pocket. J. L., who
was
then almost 16, was charged under state law with carrying a concealed
firearm without a license and possessing a firearm while under the age of
18.

The Court held that an anonymous tip that a person is carrying a gun is
not,
without more, sufficient to justify a police officer's stop and frisk of
that person.

To read the full text of this opinion, go to:

http://laws.findlaw.com/US/000/98-1993.html


Bob Scott, RPO 
Roger Williams Medical Center
Providence, Rhode Island
bobscottchp@juno.com
>>

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