159 So. 3d 534
Miss.2015Background
- On March 12, 2011 officers received an anonymous BOLO reporting a gray Chevrolet Avalanche driving erratically, flashing lights, and possibly flashing a badge; the tip included the vehicle’s exact license plate and location.
- Officer Ware located a vehicle matching the BOLO, verified the license plate, followed it, and initiated a traffic stop though he had not observed erratic driving himself.
- After the stop, officers observed signs of intoxication; Cook admitted drinking and was arrested for DUI; a portable breath test was positive and Cook declined the Intoxilyzer at the station.
- Cook was convicted in justice court, tried de novo in county court where his motion to dismiss (arguing the BOLO was an unreliable anonymous tip) was denied, and the conviction was affirmed by the circuit court and Court of Appeals.
- The Mississippi Supreme Court granted certiorari to decide whether the investigatory stop based solely on the anonymous tip (absent corroboration of criminal activity) violated the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an investigatory stop based on an anonymous tip that identified a vehicle but lacked corroboration of criminal activity is reasonable under the Fourth Amendment | Cook: anonymous tip lacked indicia of reliability and no corroboration of illegal conduct, so officers lacked reasonable suspicion | State: BOLO provided detailed, specific information (make, model, plate, exact location) and reported potentially dangerous conduct (erratic driving, badge-flashing/impersonation), creating reasonable suspicion to resolve an ambiguous, possibly dangerous situation | Reversed: stop violated Fourth Amendment because the anonymous tip lacked indicia of reliability as to illegality and officers did not corroborate the criminal activity before stopping the vehicle; evidence suppressed and conviction reversed |
Key Cases Cited
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip giving only descriptive information lacks indicia of reliability to justify stop and frisk)
- Alabama v. White, 496 U.S. 325 (1990) (an anonymous tip that includes predictive/details corroborated by police can supply reasonable suspicion)
- Eaddy v. State, 63 So.3d 1209 (Miss. 2011) (anonymous tip without corroboration did not provide reasonable suspicion to stop a vehicle)
- Williamson v. State, 876 So.2d 353 (Miss. 2004) (anonymous tips corroborated by officers’ verification of details can justify investigative detention)
- Floyd v. City of Crystal Springs, 749 So.2d 110 (Miss. 1999) (tip from a known, reliable informant may supply reasonable suspicion even if officer did not observe traffic violation)
- Trejo v. State, 76 So.3d 684 (Miss. 2011) (discusses community-caretaking considerations in police investigatory stops)