STATE v. ALBA
2015 OK CR 2
| Okla. Crim. App. | 2015Background
- On July 16, 2013 a citizen caller reported seeing a woman who appeared intoxicated walk into a light pole, get into a black SUV, sway, have trouble keeping her eyes open, and possibly roll something that could be drugs. The caller identified herself, gave a phone number, and described her own vehicle as a maroon SUV.
- The caller followed the black SUV and relayed location information to dispatch; when police located the black SUV the maroon SUV was following and the caller pointed the vehicle out to the officer.
- Lt. Steve Cox stopped the black SUV even though he observed no traffic violations; Veronica Alba was the driver and was charged with DUI.
- Alba moved to suppress evidence from the stop as an unlawful seizure; the Rogers County trial court granted the motion relying on this Court's earlier decision in Nilsen v. State.
- The State appealed. The Oklahoma Court of Criminal Appeals reversed the suppression order, holding the stop was supported by reasonable suspicion under the totality of the circumstances and that Navarette v. California controls; to the extent Nilsen conflicts with Navarette it should be overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigative stop violated the Fourth Amendment | Stop was reasonable: caller provided eyewitness details, contemporaneous report, identified herself and followed the vehicle, and the officer was able to locate both cars | Stop was unlawful: tip was essentially anonymous/uncorroborated per Nilsen and insufficient to establish reasonable suspicion | Stop was reasonable under the totality of the circumstances; suppression reversed and matter remanded; Nilsen is inconsistent with Navarette to the extent discussed |
Key Cases Cited
- Nilsen v. State, 2009 OK CR 6, 203 P.3d 189 (Okl. Crim. App. 2009) (held anonymous tip lacking corroboration insufficient for stop)
- Seabolt v. State, 2006 OK CR 50, 152 P.3d 235 (Okl. Crim. App. 2006) (standard of review for suppression rulings)
- Navarette v. California, 572 U.S. 393 (2014) (911 tip with indicia of reliability may give rise to reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (permitting brief investigative stops on reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (1990) (totality-of-the-circumstances test; informant reliability)
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable suspicion assessed under totality of the circumstances)