Under what circumstances will a police officer stop, search and detain an individual in a vehicle after receiving an anonymous tip from a tip-off?

California, United States of America


The following excerpt is from People v. Brewer, C051471 (Cal. App. 10/22/2007), C051471 (Cal. App. 2007):

"An investigatory detention of an individual in a vehicle is permissible under the Fourth Amendment if supported by reasonable suspicion that the individual has violated the law. [Citation.] A peace officer may also search the passenger compartment of the vehicle, limited to those areas in which a weapon may be placed or hidden, if the officer possesses a reasonable belief the suspect is dangerous and may gain immediate control of a weapon." (People v. Dolly (2007) 40 Cal.4th 458, 463 (Dolly).)

"The guiding principle in determining the propriety of an investigatory detention is `the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.' [Citations.] In making our determination, we examine `the totality of the circumstances' in each case." (People v. Wells (2006) 38 Cal.4th 1078, 1083.)

In Alabama v. White (1990) 496 U.S. 325 [110 L.Ed.2d 301], the police received an anonymous tip that a woman was carrying cocaine in an attache case and would be leaving an apartment building at a specific time, get into a car matching a specific description, and drive to a specific motel. Acting on the tip, the police conducted surveillance and observed the woman proceed as predicted. She was then stopped, searched and cocaine was found in an attache case in her vehicle. (Id. at p. 327 [110 L.Ed.2d at pp. 306-307].)

Other Questions


Under what circumstances will a police officer stop, search and detain an individual in a vehicle after receiving an anonymous tip from a tip-off? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"? (California, United States of America)
Does a police officer who stops a vehicle for a violation of the Vehicle Code, order the driver and any passengers to step out of the vehicle "pending completion of the stop"? (California, United States of America)
In what circumstances will a police officer who receives a radio call to search for a suspect vehicle have to specify his probable cause to the arresting officer? (California, United States of America)
When stopped by a police officer for failing to stop a pedestrian on a sidewalk, does the officer have jurisdiction to stop the pedestrian? (California, United States of America)
In what circumstances will the court order a search of a vehicle and search of the vehicle of a man who has been detained without probable cause to suspect criminal activity? (California, United States of America)
What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
In what circumstances will a minor who was stopped and searched by police at a bus stop in the middle of the night be able to escape from the police? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.