Tips of Crimes

Review What amendment does the concept of reasonable articulable suspicion (Probable Cause) draw from? 4th Amendment The Court has attempted to strike a balance between the practical realities of daily police work and the privacy and freedom interests of the public

When Is a Warrant Not Required? In public places (w/ probable cause; hot pursuit) Searches during lawful arrests Automobiles may be stopped if an officer possesses a reasonable and articulable suspicion that the motorist has violated a traffic law.  officer who reasonably believes that criminal activity may be afoot in a public place, conduct a carefully limited search of the suspect's outer clothing for weapons Exigent circumstances Checkpoints (illegal aliens and drunk drivers)

Terry Stop (Stop and Frisk) What questions should be asked when a Terry stop is involved? Is there reasonable suspicion?  “articulable suspicion that a person has committed or is about to commit a crime.” police are even allowed to pat you down if they have a “reasonable fear for his own or others’ safety” before frisking

The test to figure out whether a stop is a “seizure” (a Terry stop) or just a voluntary consensual stop considers several factors: Was there a threatening presence of several officers? Did the officer display a weapon? Did the officer touch the person? Did the officer’s language or tone of voice indicate that the person was required to answer? Did the officers approach the person in a non-public place? Did the officers block the person’s path? If the answer to one or more of these questions is “yes”, then the officers must prove they had reasonable suspicion for the stop.  If not, the stop is invalid and whatever happened next could be thrown out of court.

Probable Cause Formula Probable Cause Formula: Veracity (reliability in general) + Basis of Knowledge + Sufficient Facts Alternate Probable Cause Formula: Tip + Corroboration Current Law: Veracity and basis of knowledge is assessed under a totality of circumstances analysis

Spinelli v. United States Now overturned Required both veracity and basis of knowledge (two- part test) An affidavit based on an informant’s tip, standing alone, cannot provide probable cause for issuance of a warrant If the tip fails under the veracity or basis of knowledge prong, probable cause for issuance of a warrant not established

Illinois v. Gates Overturned Spinelli Facts: anonymous letter telling police that Gates sold drugs, which described how sale operations involved flying and driving to Florida to pick them up – letter got a few facts wrong. Police monitored Gates’ trip to Florida, and his actions went mostly as the letter suggested – police then obtained a warrant and made an arrest, discovering drugs

Illinois v. Gates HOLDING: Court rejects rigid Spinelli two-part test. Notes that probable cause standard is a “practical, nontechnical conception” that is designed to be a “fluid concept” turning on the assessment of probabilities in a particular context Veracity or reliability and basis of knowledge are relevant considerations in the totality of the circumstances analysis Court chooses to liberalize the test – seems to suggest that a significant level of veracity can make up for a low basis for knowledge, and vice versa

Corroboration Corroborative efforts of police officials often times come into play, the situations surrounding which can factor into the common-sense judgment called for in making a probable cause determination Generally, so long as corroborative efforts indicate, although not with 100% certainty that the an informant’s other assertions are also true, this can be enough in making a probable cause determination Courts also place emphasis on corroboration involving detailed predictions on the future actions of third parties that are ordinarily not easily predicted

Draper v. United States Facts involved information providing a detailed description of Draper and predicted that he would be wearing a light colored coat, brown slacks, black shoes, and walking fast Case involved prediction of transporting heroine deal, but information gave no indication of informant’s basis for knowledge whatsoever Holding: Because officer verified every other bit of informant’s information, the officer had reasonable grounds to believe that the remaining bit, was likewise true Reflects the limitations of a rigid two-part test, and the value of a totality of the circumstances analysis when tips of crimes are involved

Anonymous Tips Florida v. J.L.: Facts involved a call that provided no predictive information and left police with no means whatsoever to test the informant’s knowledge or credibility Court rejects a “firearm exception” to anonymous tip reliability, so an anonymous tip is not sufficient to frisk for a gun (though bombs are different) Such tips must do more than merely accurately identify a particular individual In the anonymous tip setting, a corroboration must support a reasonable suspicion of illegality

Opinion Poll Activity Carefully read and consider each fact scenario, decide on how you feel about it, then circle that opinion on the sheet After finishing, you will be asked to stand up and move under the sign that matches your opinion to respective questions

Exit Task What are the requirements for informants and tips of crimes, sufficient to reach the probable cause standard for an issuance of a warrant?