Prado Navarette v. California (12-9490)

argument 12-9490

Prado Navarette v. California

Supreme Court of the United States 1h 1m 5 speakers 8 chapters transcribed 5 days ago official recording ↗
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What is the State’s argument about anonymous tips and reasonable suspicion?

John G. Roberts 0:01
We'll hear argument in case twelve ninety four ninety, Navarrett versus California. Mr. Claven?
Unknown 0:06
Mr Chief Justice, it may it please the Court In this case, the Court should hold that officers acting on anonymous TIPS must corroborate the TIP's assertions of illegal conduct as well as the identifying details before making a stop, whether that tip involves uh erratic driving, illegal gun possession, or any other uh allegation of misconduct. Now, the State proposes that the reasonable sta reasonable suspicion rule in uh established in Terry versus Ohio, which courts and law enforcement officials have been applying now for more than forty years. should be altered so that now it uh it applies as a sliding scale where the level of uh suspicion varies depending on the nature of the crime that an anonymous tipster claims someone has committed.
John G. Roberts 0:53
So that just hit So if the tip is this car is driving by and and you know throwing bombs out the window. Okay, every you know, whatever, every five hundred yards. The police find the car, they have to wait until they see the person actually throw a bomb out the window themselves before pulling them over.
Unknown 1:10
Well Your Honor, in terms of the uh the reasonable suspicion, yes, there's if if all they have is an anonymous tip And there is no they have no way of corroborating any of the uh any of the innocent details except that they can identify the car, then uh yes, under the other.
John G. Roberts 1:30
And it goes off but he has to wait till he sees them throw out another bomb?
Unknown 1:34
Honor under the Florida JL, uh the uh court has said that when they are looking at uh when all that they are able to corroborate are obvious uh reasonably observable details uh such as that, then there is no basis for the court to go beyond that and I th I thought that the JL gave the an example. of an exception. Uh the the the report is somebody is carrying a bomb. Well, th there is that exception, Your Honor. And uh i in Florida J L it said that uh it was not the court said that it was not
Unknown 2:17
Well you're honored were were they throwing bombs that they weren't carrying? However, in uh in this case, in terms of adjusting the reasonable suspicion standard, the court should not address that. The court has ever
Samuel A. Alito 2:35
asked you what you mean by an anonymous tip? Suppose somebody calls up nine one one and gives a name. Does that make it not an anonymous tip?
Unknown 2:45
Honor uh uh technically it would not be, but in uh in the circumstances here I think it should be treated as an anonymous tip because again the uh the name uh could be false uh when the f tip first comes in. If it's corroborated in
Samuel A. Alito 2:58
some
Unknown 2:59
way,
Samuel A. Alito 2:59
uh then. Well how would you corroborate it? Let's say the person calls up and gives a name and gives an address. So what would be necessary what would the police have to do then before they could stop the vehicle, other than observing the vehicle do s do something illegal?
Unknown 3:14
Well again, if if if all they have is is an assertion by the uh by the tipster that uh that This is the name and the address. In the uh if the uh officers can somehow uh again by caller identification or some other method, uh verify that in fact that is a person so that somewhere down the line that person will be will be held accountable for a false tip, uh then it can be treated differently. Well
John G. Roberts 3:41
what if you have caller ID? I mean you have one of these anonymous uh Flip phones, right? You can buy them, it's prepaid. You call up and say, I'm you know, John Smith, I've seen this and they look, there's the collar, there's a number, then they can do it.
Unknown 3:56
No, Your Honor. That would not if they if all they have is a number if then uh they are not going to be able to use that as a basis for for Oh isn't that
John G. Roberts 4:04
all caller ID gives you?
Unknown 4:05
Well but caller ID if they can if they are somehow able to to verify not just that that's this is coming from this phone, but that in fact uh there is a particular person there, if they can identify the location, that sort of thing. As the as the tip gets more and more like the known informant in the in the Adams case, then the co the officers can take more

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