{"id":761,"date":"2007-04-17T05:58:48","date_gmt":"2007-02-02T12:02:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-02-02T12:02:25","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=761","title":{"rendered":"Anonymous 911 call about a man waving a gun at a particular place with details corroborated at the scene is sufficient because of public safety"},"content":{"rendered":"

The California Supreme Court held yesterday that an anonymous 911 call about a man waving a gun that put the caller in fear the gun would be used which also gave details was sufficient for police when they corroborated details when they arrived. Public safety permits it. People v. Dolly<\/a>, 40 Cal. 4th 458 (February 1, 2007):<\/p>\n

After balancing the public interest in safety and the individual’s right to personal security free from arbitrary interference by law enforcement officers (see People v. Thompson<\/em> (2006) 38 Cal.4th 811, 827), we determined in Wells that the relative urgency presented by drunk or erratic drivers could justify an investigatory detention based on an anonymous tip despite the absence of corroborating evidence of illegal activity. A tip’s reliability, we observed, need not depend exclusively on its ability to predict the suspect’s future behavior (see, e.g., Alabama v. White<\/em> (1990) 496 U.S. 325, 332, 110 L. Ed. 2d 301 (White)) or the officer’s ability to corroborate present illegal activity (see, e.g., People v. Butler<\/em> (2003) 111 Cal.App.4th 150, 162). Rather, the tip’s reliability depends upon an assessment of “the totality of the circumstances in a given case.” (Wells, supra,<\/em> 38 Cal.4th at p. 1088; accord, U.S. v. Perkins <\/em>(4th Cir. 2003) 363 F.3d 317, 325 [“A rigid rule demanding the presence of predictive information is thus unjustified by White<\/em> and J. L., <\/em>and it would be wholly inconsistent with the flexible nature of reasonable suspicion analysis”].)<\/p>\n

Accordingly, Wells relied on the totality of the circumstances in distinguishing J. L.<\/em> We explained first that a report of a possibly intoxicated driver weaving all over the roadway posed “a far more grave and immediate risk to the public than a report of mere passive gun possession.” (Wells, supra,<\/em> 38 Cal.4th at p. 1087.) “‘[A]n anonymous report of an erratic or drunk driver on the highway presents a qualitatively different level of danger, and concomitantly greater urgency for prompt action. In the case of a concealed gun, the possession itself might be legal, and the police could, in any event, surreptitiously observe the individual for a reasonable period of time without running the risk of death or injury with every passing moment. An officer in pursuit of a reportedly drunk driver on a freeway does not enjoy such a luxury.’ ” (Id.<\/em> at p. 1086, quoting State v. Boyea <\/em>(Vt. 2000) 171 Vt. 401, 765 A.2d 862, 867.)<\/p>\n

We said next that “doubts regarding the tipster’s reliability and sincerity are significantly reduced in the setting of a phoned-in report regarding a contemporaneous event of reckless driving presumably viewed by the caller. Instances of harassment presumably would be quite rare.” (Wells, supra,<\/em> 38 Cal.4th at p. 1087.) Indeed, “the relatively precise and accurate description given by the tipster in the present case regarding the vehicle type, color, location, and direction of travel, all confirmed by the investigating officer within minutes of receiving the report, enhanced the reliability of the tip.” (Id.<\/em> at p. 1088.) Based on that level of detail and the officer’s ability to corroborate it, we inferred that the observation of reckless driving must have come from a passing motorist. (Ibid.<\/em>) In light of the tip’s detailed and contemporaneous description, the officer’s ability promptly to corroborate its innocent details, and the danger posed by a motorist under the influence, we were “convinced” in Wells<\/em> “that the officer’s traffic stop was justified by reasonable suspicion of criminal activity.” (Ibid<\/em>.)<\/p>\n

Consideration of these (and other factors) convinces us that the detention should be upheld in this case.<\/p><\/blockquote>\n

Complaint stated a cause of action for race based DNA sampling when police were looking for a serial rapist. Plaintiff’s allegations concerning the encounter at his home, however, were insufficient to state a claim for relief that the encounter was nothing more than consensual with him free to refuse. Monroe v. City of Charlottesville, 471 F. Supp. 2d 657 (W.D. Va. 2007).<\/p>\n

Arrest warrant justifed entry under Payton<\/em> and others present could not insist on a search warrant. State v. Wallace, 950
\nSo. 2d 135 (2d Cir. 2007).<\/p>\n","protected":false},"excerpt":{"rendered":"

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