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?