United States v. Rodney Tillman, 404 F. App'x 949

Detective Waichum received a May 8, 2007 tip from a registered confidential informant about a drug sale at the Friendly Tavern.
Informant had an extensive, reliable track record: 105 controlled buys, 25 search warrants, 45 arrests, with no false information.
Tip described the suspect with specific physical traits and stated the informant just saw drugs for sale on the suspect.
Police, leveraging undercover strategy, waited with the Special Response Team and the informant relayed live tip information as Tillman exited the bar.
Officers arrested Tillman upon seeing him reach toward his waistband and found a loaded firearm and five bags of crack cocaine.
Tillman challenged the denial of his suppression motion, arguing lack of probable cause for his arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there probable cause based on the informant's reliability and knowledge?	Tillman argues insufficient inferential support; productivity rate undermines reliability.	United States asserts informant is highly reliable with first-hand knowledge and long, successful collaboration.	Probable cause supported by strong reliability and first-hand knowledge.
Did police corroborate the tip sufficiently to bolster probable cause?	Corroboration beyond the informant's tip was not necessary, so lack of further corroboration undermines probable cause.	Police corroborated by matching description and by the informant's live, in-person observations; corroboration adds weight.	Corroboration contributed to probable cause.
Was a warrant required for arrest in a commercial, public setting?	Arrest in a commercial establishment requires a warrant.	No warrant needed to arrest a felony suspect in a public place; the tavern was open to the public.	No error; warrant not required for probable-cause arrest in a public place.

Draper v. United States, 358 U.S. 307 (1959) (verifies that verified tip information can provide probable cause when unverified elements are reasonably believed true)
Florida v. J.L., 529 U.S. 266 (2000) (tip from a known informant who can be held responsible carries weight)
Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach to probable cause)
Watson, 423 U.S. 411 (1976) (public arrest in a public place supports warrantless arrest with probable cause)
Macon, 472 U.S. 463 (1985) (no Fourth Amendment privacy interest in open, public establishments)
Santana, 427 U.S. 38 (1976) (public exposure removes Fourth Amendment protections for arrests with probable cause)
Hughes, 898 F.2d 63 (6th Cir. 1990) (contrast where informant tips were unavailable; relevance to probable-cause assessment)
Graham, 622 F.3d 445 (6th Cir. 2010) (illustrates investigative work before arrest involving multiple controlled buys)
Malveaux, 350 F.3d 555 (6th Cir. 2003) (informant conduct before warrants issued; multiple purchases before arrest)