{"id":15512,"date":"2015-01-19T09:29:37","date_gmt":"2015-01-19T14:29:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15512"},"modified":"2015-01-19T09:29:37","modified_gmt":"2015-01-19T14:29:37","slug":"ok-overrules-a-case-to-follow-navarette","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15512","title":{"rendered":"OK overrules a case to follow Navarette"},"content":{"rendered":"

In a Navarette<\/a>-like case with a citizen informer with stronger facts of DUI, Oklahoma overrules a prior case and holds the stop valid. State v. Alba<\/a>, 2015 OK CR 2, 2015 Okla. Crim. App. LEXIS 2 (January 16, 2015):
\n<\/p>\n

[*P8] The circumstances supporting the conclusion that the investigative stop in this case was based upon reasonable suspicion of criminal activity are more compelling than those articulated in Navarette. As in Navarette, the caller in this case gave sufficient details to claim eyewitness knowledge. The behavior the caller observed and reported provided reasonable suspicion that Alba was driving while intoxicated. Furthermore, the timeline of events supported the conclusion that the report was made contemporaneous with the observed criminal conduct; not only did the caller report Alba’s alleged drunk driving shortly after Alba got into her vehicle and started driving, the caller followed Alba as she drove and pointed her out to Lieutenant Cox when he responded to the dispatch. Finally, while use of the 911 emergency system to report illegal activity can be a significant factor in reducing the possibility of false report, it was not a significant factor in the present case because the caller was not anonymous. The caller gave dispatch her name and telephone number and described her own vehicle as well as Alba’s vehicle. The caller then followed Alba in the vehicle the caller had described to dispatch and made eye contact with Lieutenant Cox when he located Alba, thus allowing Cox the opportunity to identify the caller.<\/p>\n

[*P9] “The ‘reasonable suspicion’ necessary to justify such a stop ‘is dependent upon both the content of the information possessed by police and its degree of reliability.'” Navarette, 134 S.Ct. at 1687, quoting Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990). Under the totality of the circumstances, there were sufficient indicia of reliability in this case to provide Lieutenant Cox with reasonable suspicion that the driver of the reported vehicle was driving while intoxicated. These circumstances justified the investigative stop. To the extent that Nilsen v. State, 2009 OK CR 6, 203 P.3d 189 is inconsistent with Navarette and with the opinion in this case, it should be overruled. The district court’s order granting the motion to suppress should be reversed and the matter remanded for further proceedings.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

In a Navarette-like case with a citizen informer with stronger facts of DUI, Oklahoma overrules a prior case and holds the stop valid. State v. Alba, 2015 OK CR 2, 2015 Okla. Crim. App. LEXIS 2 (January 16, 2015):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-15512","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15512","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15512"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15512\/revisions"}],"predecessor-version":[{"id":15513,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15512\/revisions\/15513"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15512"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15512"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15512"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}