STATE v. ALBA
2015 OK CR 2
| Okla. Crim. App. | 2015Background
- Alba was charged with Driving a Motor Vehicle While Under the Influence under 47 O.S.2011, § 11-902(A)(2).
- A police stop occurred after a citizen tip identified a possibly intoxicated driver and followed Alba’s black SUV and maroon SUV.
- Lieutenant Cox stopped the black SUV based on dispatch information; he did not observe a traffic violation by Alba.
- Alba moved to suppress the evidence arguing the stop violated the Fourth Amendment; the district court granted the motion.
- The State appealed the suppression ruling under 22 O.S.2011, § 1053(5); the Oklahoma Court of Criminal Appeals reversed and remanded for proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was an unreasonable seizure under the Fourth Amendment. | Alba (defendant) | Alba (defendant) | Stop supported by reasonable suspicion |
| Whether Navarette requires overruing Nilsen on anonymous tips. | State | Alba (defendant) | Navarette controls; Nilsen overruled to extent inconsistent |
| Whether the existence and reliability of the tip justified the stop. | State | Alba | Reasonable suspicion existed; stop affirmed |
Key Cases Cited
- Seabolt v. State, 152 P.3d 235 (2006 OK CR 50) (review of suppression findings de novo; evidentiary standard)
- Nilsen v. State, 203 P.3d 189 (2009 OK CR 6) (anonymous tip insufficient without corroboration)
- Navarette v. California, 134 S. Ct. 1683 (2014) (tip with details can justify stop under totality of circumstances)
- Alabama v. White, 496 U.S. 325 (1990) (reliability of information in reasonable suspicion analysis)
- Lunsford v. State, 652 P.2d 1243 (1982 OK CR 168) (anonymous tip insufficient without corroboration)
- Florida v. J.L., 120 S. Ct. 1375 (2000) (bare anonymous tip cannot provide reasonable suspicion)