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Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

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Inside CC Bell GaerteThe Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection. A close review of the case could lead one to conclude that Navarette lowers the standard for what makes a tip “reliable.”

In Navarette, Lorenzo and Jose Navarette were cruising down a beautiful California highway minding their own business. Id. at 4. Everything was going great. However, their day began to take a nosedive when Lorenzo, the driver, allegedly ran another vehicle off the roadway. Id. That driver called 911 to report the transgression. Id. Relaying the make, model, color, license plate, location and direction of the Navarettes’ vehicle, police were able to stop the Brothers Navarette approximately 20 miles down the road and approximately 20 minutes later. Id.

After following the Navarettes for five minutes without identifying any additional problematic driving behavior, law enforcement initiated a traffic stop based solely upon the information relayed in the 911 call. Id. at 31. The traffic stop became decidedly worrisome for the Navarettes because, once officers approached the vehicle, they could immediately smell the 30 pounds of marijuana the Navarettes had packed for their day trip. Id. In court, the Navarettes argued that the traffic stop was impermissible because the officers did not have reasonable suspicion of criminal activity to justify the initial detention. Id at 5.

The Supreme Court disagreed, finding that the information provided by the caller was sufficiently reliable. Id. at 19. Justice Clarence Thomas focused on the fact that the caller had specific information about the vehicle including the license plate number. Id. at 9. He also emphasized that the call was made to 911. Id. at 12. Per Justice Thomas, because 911 calls are recorded and can be traced regarding identity and location of callers, the tip had a sufficient quantum of reliability. Id. at 13-14. The majority opinion also cited that the allegation of reckless driving was sufficiently connected with a criminal investigation into drunken driving. Id. at 16. Conceding that this was a “close case,” the majority concluded that the officer’s detention was constitutionally permissible because the caller presented sufficiently reliable information. Id. 19.

Justice Antonin Scalia, in dissent, called Justice Thomas’ opinion “a freedom-destroying cocktail consisting of two parts patent falsity…” Id. at 34. For Justice Scalia, an anonymous 911 call isn’t sufficiently reliable simply because it identified a vehicle and location. Id. Justice Scalia focused on the fact that increased veracity of a 911 call is dependent upon a demonstration that the caller was aware that his or her location, phone number and identity were being revealed. Id. at 27. In this case, there was no showing that the caller knew these things. Id. at 27. Therefore, the dissent argued, without this information, there was no additional reason to believe the caller’s allegations were any more reliable than that of any other phone call. Id.

Moreover, Justice Scalia argued, an anonymous caller’s allegation of a single instance of reckless driving does not necessarily justify a traffic stop. Id. at 34. He rhetorically cited that, in his estimation, 0.1 percent of reckless driving violations are attributable to drunken driving and that his “guesswork” is as reliable as the majority’s connection of the caller’s information in this case with a reasonable suspicion of drunken driving. Id. at 29. In sum, Justice Scalia explained that the majority’s conclusion now permits a “malevolent 911 caller” to allege an individual committed a traffic violation, and the individual will be stopped by police. Id.

The Navarette opinion certainly lowered the state’s burden of demonstrating the reliability of an anonymous tip. As precedent, the opinion surely opens the door wider for officers looking to stop an individual based upon information provided anonymously.

Courtrooms aside, the Navarette decision could be liberating for the spouses of the authors of this article. For example, if our wives happened to be frustrated with us on a particular day and we left our homes in a vehicle, our wives could do the following:

• Ask us where we were headed.

• Wait for us to leave.

• Pick up a cellphone, call 911, allege some form of reckless driving and identify the make, model, color and plate number of our vehicles.

• To make the call reliable, all they would need to do was tell the dispatcher where we were headed.

• They could then hang up the phone, watch some TV and decide whether to answer a collect call.

Under Naverette, the above information would be sufficient for police to pull us over. Whether our detention would create a “freedom-destroying cocktail” is in the eye of the beholder.•

__________

James J. Bell and K. Michael Gaerte are attorneys with Bingham Greenebaum Doll LLP. They assist lawyers and judges with professional liability and legal ethics issues. They also practice in criminal defense and are regular speakers on criminal defense and ethics topics. They can be reached at jbell@bgdlegal.com or mgaerte@bgdlegal.com. The opinions expressed are those of the authors.
 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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