109 A.3d 1105
D.C.2015Background
- On June 13, 2013 around dusk an anonymous female caller used 911 to report seeing a man near Fourth Street with a silver gun; she said she had just seen him take it out of his pocket and was "scared the hell out of [her]."
- The caller described the suspect as a black man in a brown windbreaker or raincoat and a black hat, walking toward a school/church near Fourth and Atlantic. The dispatcher broadcast a lookout.
- Officer Lina arrived within minutes, saw only appellant standing by a church on Fourth Street wearing a black skullcap and a black windbreaker/poncho, and no one else on the block.
- Lina and his partner approached four minutes after first seeing appellant, ordered him to turn and conducted a protective pat-down; Lina felt and removed a silver revolver from appellant's right pocket.
- Appellant moved to suppress the gun, arguing the anonymous 911 tip did not supply reasonable suspicion to stop him; the trial court denied the motion and admitted the 911 call and radio dispatch.
- The court of appeals affirmed, concluding the 911 tip bore sufficient indicia of reliability (eyewitness observation, contemporaneous report, use of 911) under Supreme Court guidance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the anonymous 911 tip supplied reasonable suspicion for an investigatory stop and frisk | Tip was not sufficiently reliable to identify a particular person or to establish illegality; police needed independent corroboration | Tip was an eyewitness, contemporaneous 911 report that matched the suspect's appearance and location; combined with officer observation it furnished reasonable suspicion | Court held tip provided sufficient indicia of reliability to justify the stop and frisk; suppression denied |
| Whether use of the 911 system meaningfully increases a tip's reliability | (Appellant) 911 use irrelevant absent evidence the call was traced or verified | (Government) Use of 911 is a relevant factor because the system's traceability and emergency nature discourage false reports | Court agreed with government: 911 use is a relevant indicium of reliability even without a record-specific tracing effort |
| Whether discrepancies in clothing color undermined particularity | Color mismatch (brown vs. black windbreaker) made identification unreliable | Discrepancy immaterial given dusk conditions and that appellant was the only person in the described area | Court found the color difference immaterial and that identity was sufficiently particularized |
| Whether precedent requires independent corroboration of dangerous conduct by the suspect before stopping | Police needed to observe suspicious movements confirming a gun before seizing | Prado Navarette and related cases allow an eyewitness, contemporaneous tip to suffice without further corroboration | Court held independent corroboration of criminal conduct was not required here; the tip plus officer observation sufficed |
Key Cases Cited
- Prado Navarette v. California, 134 S. Ct. 1683 (2014) (an anonymous 911 eyewitness tip can supply reasonable suspicion where contemporaneous and traceable features support reliability)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking indicia of reliability and basis of knowledge cannot justify a stop for weapons)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable-suspicion standard requires particularized and objective basis to suspect the person stopped)
- Alabama v. White, 496 U.S. 325 (1990) (anonymous tip may justify investigation when it bears sufficient indicia of reliability and basis of knowledge)
- Plummer v. United States, 983 A.2d 323 (D.C. 2009) (discusses when a tip becomes reliable in its assertion of illegality)
- In re S.B., 44 A.3d 948 (D.C. 2012) (distinguishes tips that are too generalized to particularize an individual and warns against dragnet seizures)