Tips of Crimes Kenneth Hong May 15, 2012

Entry Task  What amendment does the concept of reasonable articulable suspicion draw from?  What two questions should be asked when a Terry stop is involved?

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?