Anonymous tips

Police work is hard. It is based on effort, guile, instinct, “shoe leather,” and sometimes a little luck.

Luck can come in many forms, but one such form is the citizen tip.

But from a legal standpoint, when can a citizen’s tip lead to police action that goes beyond a consensual encounter?

Consider the following two examples:

Scenario 1:

An anonymous tipster calls and reports that a “young white male standing in front of a jewelry store and wearing a plain white t-shirt and blue jeans is carrying a gun.”

Now it’s obviously good police work to go check that out.

But in this scenario, officers go to the area near the store and see a man generally fitting the description. They see a white male who appears to be in his late 20s about a block away from the store standing in a group of people wearing a white t-shirt with a Pittsburgh Steelers logo along with a Baltimore Ravens hat. (Obviously, THAT’s weird!). Officers immediately approach, detain him, and pat him down. As reported, they find a gun, as predicted.

What happens when the defendant moves to suppress the pat down and discovery of the gun?

Without more, I think we lose. An anonymous tip that a person is carrying a gun, without more, lacks sufficient indicia of reliability to provide reasonable suspicion for a Terry stop. Florida v. J.L., 529 U.S. 266 (2000).

A mere general description of a person from an unknown informant with “no predictive information” that would provide a “means to test the informant’s knowledge or credibility” is insufficient. It would have also been helpful if the tip had included more information about the shirt and the hat. More specificity that could have been corroborated. Even “innocent facts” can contribute to the totality of circumstances analysis.

Now that scenario can be fixed if law enforcement can independently corroborate details of the tip or accumulate additional facts that can add to the totality of circumstances test for reasonable suspicion.

By pausing, watching, and following the suspect, officers may be able to determine that the suspect has a noticeable bulge under his shirt near his waistband. That he appears to nervously be pacing in front of the same store. That he furtively keeps checking behind him. Etc. Don’t rush in unless public safety calls for immediate action. Be patient. Develop more facts. THEN act.

Scenario 2:

A man approaches police in the jewelry store parking lot and, pointing to a nearby car, says “a man got in that car with a gun just a couple minutes ago.” Without getting any information about the tipster, and without engaging in further surveillance, police approach the car, stop the man from leaving, and see the butt of a gun sticking out from underneath his shirt.

What happens when the defendant moves to suppress the detention and discovery of the gun?

I think we win. In-person tips generally have greater indicia of reliability than anonymous phone calls because officers can “assess the tipster’s demeanor and because “a witness who directly approaches a police officer can also be held accountable for false statements.” United States v. Christmas, 222 F.3d 141 (4th Cir.). See also, United States v. Valentine, 232 F.3d 350 (3rd Cir. 2000); United States v. Palos-Marquez, 591 F.3d 1272 (9th Cir. 2010).

Understanding these subtle differences in the law is important for police work.

Neff Strategies can help your department, agency, or office navigate complex legal issues to make sure that the cases you make are sound and prosecutable.

What we do in the streets echoes into the courtroom.