STATE v. ALBA
2015 OK CR 2
| Okla. Crim. App. | 2015Background
- On July 16, 2013, a named citizen caller reported seeing a woman act intoxicated (walk into a light pole, sway, have trouble keeping eyes open, possibly roll drugs) and get into a black SUV; the caller gave her name and phone number and described her own vehicle (maroon SUV) and followed the black SUV.
- Claremore Police Lt. Steve Cox located the black SUV being followed by the maroon SUV; the maroon SUV occupant pointed out the black SUV to Cox.
- Cox stopped the black SUV despite observing no traffic violations and arrested the driver, Veronica McLaina Alba, for driving under the influence.
- Alba moved to suppress evidence, arguing the stop was an unconstitutional seizure; the district court granted the motion relying on Nilsen v. State (anonymous-tip framework).
- The State appealed; the Oklahoma Court of Criminal Appeals reversed, holding the tip here supplied sufficient indicia of reliability (non-anonymous, contemporaneous eyewitness report, caller followed the vehicle and identified it to the officer) and that Navarette supports reasonable suspicion for the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigatory stop was reasonable under the Fourth Amendment | Alba: stop was based on an unlawful tip (relying on Nilsen) and thus evidence is "fruit of the poisonous tree" | State: tip provided sufficient indicia of reliability to create reasonable suspicion for a Terry stop | Stop was reasonable; suppression reversed and case remanded |
| Whether an informant's tip must be anonymous to be unreliable | Alba: Nilsen requires skepticism of anonymous tips and supports suppression here | State: caller was not anonymous (gave name/number, followed vehicle, made eye contact), so more reliable than an anonymous tip | Court distinguished Nilsen because caller was identifiable and corroborated; Nilsen to extent inconsistent with Navarette should be overruled |
| Role of contemporaneity and corroboration in assessing reasonable suspicion | Alba: lack of sufficient corroboration makes tip insufficient | State: contemporaneous report, eyewitness details, and follow-up by caller provided corroboration | Court found contemporaneity and eyewitness detail significant factors supporting reasonable suspicion |
| Whether Oklahoma should decline to follow Navarette and keep greater state protection | Alba: state constitution could afford greater protection; continue to follow Nilsen | State: no persuasive reason to depart from Supreme Court Fourth Amendment jurisprudence | Court declined Alba’s invitation and applied Navarette principles; followed federal standard |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1683 (U.S. 2014) (an anonymous 911 tip can support reasonable suspicion under the totality of the circumstances when it shows eyewitness contemporaneous observations and other indicia of reliability)
- Nilsen v. State, 203 P.3d 189 (Okla. Crim. 2009) (an anonymous tip lacking corroboration insufficient to support a stop)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishing standard for brief investigative stops requiring reasonable suspicion)
- Adams v. Williams, 407 U.S. 143 (U.S. 1972) (officer may rely on information from another person to form reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (totality-of-the-circumstances test for reliability of informant tips)