Supreme Court to Decide if Anonymous Tip is Enough for Traffic Stop
WASHINGTON — The Supreme Court said Tuesday it will weigh whether a motorist’s anonymous tip about reckless driving is enough for police to pull over a car, without an officer’s corroboration of dangerous driving.
The issue has divided state and federal courts.
The justices said they will take up an appeal by two brothers who pleaded guilty to transporting marijuana after California Highway Patrol officers pulled over their silver Ford 150 pickup based on a report of reckless driving.
The officers did not observe erratic driving, but acted after dispatchers received a 911 call saying the vehicle had run the caller off the road and identifying it by its model, color and license plate. Officers searched the truck after smelling marijuana, found four large bags of it and arrested driver Lorenzo Prado Navarette and passenger Jose Prado Navarette. They appealed after pleading guilty and are arguing that the traffic stop violated their constitutional rights, based on an earlier high court ruling that anonymous tips by themselves ordinarily are not sufficient for police to detain or search someone.
The question for the justices is whether anonymous tips about reckless or drunken driving should be treated differently.
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http://washington.cbslocal.com/2013/10/01/supreme-court-to-decide-if-anonymous-tip-is-enough-for-traffic-stop/
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