United States v. Aviles-Vega
783 F.3d 69
1st Cir.2015Background
- Anonymous caller reports four individuals in a wine-colored Chevrolet Lumina near Road 2/459, front passenger allegedly passing a firearm to another passenger.
- Police stop and order occupants out; Rivera-Ruiz is observed with a firearm; Avilés-Vega is frisked and a Ruger pistol with 13 rounds is found.
- Avilés-Vega moves to suppress the firearm evidence as based on unreliable anonymous tip; district court denies; Avilés-Vega pleads guilty but preserves appeal.
- Puerto Rico concealed-carry law makes possession or carrying without license a crime; evidence argued tip showed such violation, supporting reasonable suspicion.
- Court reviews reasonable suspicion de novo; district court found tip reliable; the officers acted on a contemporaneous eyewitness report corroborated by police observations.
- Court ultimately affirms suppression denial, holding the anonymous tip provided reasonable suspicion under totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the anonymous tip reliable enough for a stop and frisk? | Avilés-Vega argues tip lacked reliability. | Avilés-Vega contends reliability insufficient. | Yes; tip provided reasonable suspicion. |
| Did Puerto Rico’s concealed-carry framework render the tip's content as a crime-related basis for suspicion? | Avilés-Vega argues no crime shown. | Avilés-Vega argues still uncertainty of crime. | Tip supported reasonable suspicion by alleging concealed-carry violation. |
| Is predictive information necessary from anonymous tips to justify a stop? | Avilés-Vega relies on J.L. requiring predictive details. | Tip need not include predictive info when crime is observable. | Predictive information not required; contemporaneous, eyewitness details suffice. |
| Must the tip be made via 911 to be reliable? | Navarette emphasizes 911 reliability. | Desk-sergeant tip not undermined by lack of 911. | 911 use is not mandatory; totality of circumstances governs. |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1689 (2014) (anonymous tip with corroboration can create reasonable suspicion when totality of circumstances supports)
- United States v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking predictive information insufficient for stop)
- White v. State (United States v. White), 496 U.S. 325 (1990) (predictive information supports reliability of anonymous tips)
- Navarette v. California, 134 S. Ct. 1689 (2014) (see above)
- United States v. Copening, 506 F.3d 1241 (10th Cir. 2007) (anonymous caller acting in good faith with detailed observations supports reliability)