Tips of Crimes

1. Tips of Crimes Kenneth Hong May 15, 2012

2. 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?

3. 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

4. Spinelliv. 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

5. 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

6. Illinois v. Gates • HOLDING: Court rejects rigid Spinellitwo-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

7. 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

8. 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

9. 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

10. 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

11. 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?