STATE v. ALBA
341 P.3d 91
| Okla. Crim. App. | 2015Background
- On July 16, 2013 a citizen observed a woman (later identified as Veronica Alba) appear intoxicated at a mobile home park, saw her walk into a light pole, then get into a black SUV and begin driving; the caller identified herself to dispatch, gave a phone number, described her own maroon SUV and followed the black SUV.
- Claremore Police Lt. Steve Cox was dispatched, located the black SUV being followed by the maroon SUV, observed the maroon-SUV driver point out the black SUV, and stopped Alba's vehicle despite observing no traffic violation.
- Alba was charged with Driving While Under the Influence and moved to suppress evidence, arguing the traffic stop was an unreasonable seizure in violation of the Fourth Amendment.
- The district court granted the motion to suppress, treating the caller as an anonymous tip and relying on prior Oklahoma authority (Nilsen). The State appealed under 22 O.S. § 1053(5).
- The Oklahoma Court of Criminal Appeals reversed, holding the stop was supported by reasonable suspicion under the totality of the circumstances and overruling Nilsen to the extent it conflicts with later Supreme Court precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigatory stop violated the Fourth Amendment | State: stop was lawful because the tip (identified caller who followed and pointed out the vehicle) supplied reasonable suspicion | Alba: stop unlawful; tip was effectively anonymous and lacked corroboration (per Nilsen) so evidence is fruit of poisonous tree | Reversed: totality of circumstances (identified caller, contemporaneous report, eyewitness detail, follow and identification) provided reasonable suspicion; stop lawful |
| Whether Nilsen remains controlling | State: Nilsen is distinguishable and conflicts with Supreme Court's treatment of similar tips | Alba: Nilsen should control because state constitutions can afford greater protection | Court: to extent Nilsen conflicts with Navarette, it is overruled; follow Supreme Court Fourth Amendment jurisprudence |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (Terry stops require reasonable suspicion)
- Adams v. Williams, 407 U.S. 143 (1972) (tips can provide reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable-suspicion analysis relies on the totality of the circumstances)
- Alabama v. White, 496 U.S. 325 (1990) (anonymous tips can, with corroboration, justify investigative stops)
- Navarette v. California, 134 S. Ct. 1683 (2014) (911 caller's contemporaneous eyewitness report can supply reasonable suspicion)
- Nilsen v. State, 203 P.3d 189 (Okla. Crim. App. 2009) (anonymous tip lacking corroboration insufficient for stop)
- Seabolt v. State, 152 P.3d 235 (Okla. Crim. App. 2006) (standard of review on suppression hearings)