of the defendant's physical characteristics, (reported height of 5'3"-5'5" versus the actual 5'9", "slim build" versus 153, "dark skin" versus brown skin) her description was adequate enough to cause Officer Hale to immediately view the defendant as a potential suspect when confronting him in the store with the manager. The fact that a robbery had recently occurred is not in dispute and the matter of the robber's identity alone remained.
What information did the arresting officer have from the two sources as to the robber's identity? Among other things, Mrs. Brunner, the victim, reported that the robber had a semi-African bush haircut. The unknown female caller reported that a man whom she knew bumped into her as she was entering the Safeway, that he was pointed out as having just robbed the store, that his name was Jimmy, that he had a girlfriend living in the vicinity, that he had passed bad checks at the John Howard store, a block away, and that he was believed to be presently at that store. The officer with this totality of information immediately went to the John Howard store and saw a man with a semi-African bush haircut. The man left the store. The officer asked the store manager if he knew a man named Jimmy who had recently written some bad checks and was told that such person had just walked out of the store. After the store manager walked to the front door and called the man back, the arresting officer questioned him and ascertained that he was named Jimmy, that he had passed bad checks at the John Howard store, and that he had a named girlfriend living nearby. Thus corroborating the details concerning identity supplied by the female caller a few minutes before, the officer thereupon made the arrest. The search incident thereto produced three twenty-dollar bills.
These facts bring this matter within the rationale of Christensen, De Bruhl, and Mills, supra, which stand for the proposition that an informant's tip may contribute to the development of probable cause. Contee v. United States, 94 U.S.App.D.C. 297, 215 F.2d 324 (1954), relied on by defendant, which holds that an anonymous informant's tip, absent supporting circumstances, will not support a finding of probable cause, is clearly distinguishable on its facts. Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964) and Spinelli, supra, on the other hand, hold that an "unsubstantiated" informant's tip, accompanied by a factual pattern which if viewed alone would not clearly indicate criminal activity, will not support a finding of probable cause.
Here the informant's tip had unusual elements of credibility. It was made by a telephone call to the actual scene of the robbery only shortly after the robbery itself had occurred. It was based on a claim of personal observation of the alleged suspect running from the scene and contained detailed information of the identity of the suspect and his likely location one block away. Her failure to give her name was wholly understandable. As was said in Draper v. United States, 358 U.S. 307, 79 S. Ct. 329, 3 L. Ed. 2d 327 (1958), the officer when confronted with such detail, could reasonably infer that the informant had gained his information in a reliable way. In addition, the officer, prior to arrest, corroborated the details concerning the identity of the suspect. Acting under the totality of these circumstances, the arresting officer had clear reason to believe that the crime had been committed by the person to be arrested. Davis et al. v. United States, D.C. Cir., 133 U.S. App. D.C. 172, 409 F.2d 458 (1969). The arrest was therefore made upon probable cause and the search incident thereto valid.
An order consistent with the foregoing has been entered.
Upon consideration of defendant's motion to suppress certain evidence and after hearing argument thereon, it is by the Court this 10th day of March, 1969
Ordered that defendant's motion be and the same is hereby denied.