What is the test for reasonable suspicion of possession of a drug dealer based on an anonymous tip?

California, United States of America


The following excerpt is from People v. Ramirez, 41 Cal.App.4th 1608, 49 Cal.Rptr.2d 311 (Cal. App. 1996):

"We think it also important that, as in Gates, 'the anonymous [tip] contained a range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted.' [Citation.] The fact that the officers found a car precisely matching the caller's description in front of the 235 building is an example of the former. Anyone could have 'predicted' that fact because it was a condition presumably existing at the time of the call. What was important was the caller's ability to predict respondent's future behavior, because it demonstrated inside information--a special familiarity with respondent's affairs. The general public would have had no way of knowing that respondent would shortly leave the building, get in the described car, and drive the most direct route to Dobey's Motel. Because only a small number of people are generally privy to an individual's itinerary, it is reasonable for police to believe that a person with access to such information is likely to also have access to reliable information about that individual's illegal activities. [Citation.] When significant aspects of the caller's predictions were verified, there was reason to believe not only that the caller was honest but also that he was well informed, at least well enough to justify the stop." (Alabama v. White, supra, 496 U.S. at p. 332, 110 S.Ct. at p. 2417, first italics added.)

[41 Cal.App.4th 1616] We do not read this concluding language to create a separate requirement in Alabama v. White, that to be reliable, an anonymous informant must supply predictions of a suspect's future behavior; rather, if the informant does supply such information, which can then be verified, that circumstance supports the reliability of the informant's information. Since it cannot be said, however, that an anonymous informant could never supply reasonable suspicion to detain a suspect (id. at p. 329, 110 S.Ct. at pp. 2415-2416), we must assume that even information supplied by an anonymous informant whose reliability is unknown can be factored into the reasonable suspicion determination, subject to some degree of corroboration. We next address the issue of sufficiency of the corroboration under these circumstances.

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