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Supreme Court OKs Stop and Search Based On Anonymous 911 Tips
An anonymous reader writes "On Tuesday, the U.S. Supreme Court ruled that police officers are legally allowed to stop and search vehicles based solely on anonymous 911 tips. Justice Clarence Thomas, writing for the majority opinion, reasoned that 'a 911 call has some features that allow for identifying and tracking callers' as well as for recording their calls, both of which he believed gave anonymous callers enough reliability for police officers to act on their tips with reasonable suspicion against the people being reported.
The specific case before them involved an anonymous woman who called 911 to report a driver who forced her off the road. She gave the driver's license plate number and the make and model of his car as well as the location of the incident in question. Police officers later found him, pulled him over, smelled marijuana, and searched his car. They found 30 pounds of weed and subsequently arrested the driver. The driver later challenged the constitutionality of the arrest, claiming that a tip from an anonymous source was unreliable and therefore failed to meet the criteria of reasonable suspicion, which would have justified the stop and search. Five of the nine justices disagreed with him." The ruling itself (PDF).
The specific case before them involved an anonymous woman who called 911 to report a driver who forced her off the road. She gave the driver's license plate number and the make and model of his car as well as the location of the incident in question. Police officers later found him, pulled him over, smelled marijuana, and searched his car. They found 30 pounds of weed and subsequently arrested the driver. The driver later challenged the constitutionality of the arrest, claiming that a tip from an anonymous source was unreliable and therefore failed to meet the criteria of reasonable suspicion, which would have justified the stop and search. Five of the nine justices disagreed with him." The ruling itself (PDF).
I've got this hankerin' to call 911.
This law could get repealed mighty quick if it's senators and congressmen getting pulled over from anonymous tips.
If telephones are outlawed, then only outlaws will have telephones.
I did 911 dispatching, off & on for 20 years. You know how many "anonymous" calls we received from payphones (back in the day) about someone having drugs in a car, house, or their person? Officers might keep an eye, but unless there was ANOTHER reason to stop and search, there wasn't anything LEGALLY they could do, as it should be!
Does this seem like yet another easily fabricated excuse the police can use to search your property? Especially given that these are "anonymous", I imagine police could send in a false tip to have an excuse to search anyone they wanted. Perhaps it's just me, but I tend to think anything like this will be abused to the maximum extent possible.
If someone who doesn't like me makes an "anonymous" call to 911 to report that I'm running meth lab in my garage, does that also give the cops the right to ransack my house looking for a meth lab?
It's sad that "probable cause" has been diluted to the point that it has.
Hasn't this already been going on with "anonymous" tips from the DEA and DHS leading to traffic stops where "parallel construction" is used to fabricate grounds for probable cause after the fact? I guess this ruling removes the need to do the whole "parallel construction" thing?
That way they don't need to pay out the fink money.
The empirical evidence in this case is that the tip was indeed reliable.
In some state odor of marijuana is in itself enough to justify a search.
but we all agree that Seven of Nine is the most gorgeous...
Excuse me, but please get off my Pennisetum Clandestinum, eh!
This way they can just call themselves anonymously and then search any car/house they like without violating any law.
I am dumbfounded and speechless. I am finding myself agreeing with Clarence "who put *that* on my coke can" Thomas! And shockingly Thomas is disagreeing with Scalia!. Who knows! Justice Thomas might actually summon up enough courage and mental faculties to frame a cogent question in the next hearing. Or the world could be coming to an end.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
1) Police officer sees car he wants to search
2) Police officer calls 911 placing an anon tip
3) Police officer gets to do whatever the hell he wants.
historically, authority figures getting to do whatever the hell they want has worked out pretty well.
I'm fifteen, I'm an average Slashdotter with a huge sense of entitlement, and the parent post makes me angry! Mod down!!!!111!!!11
Just to play devil's advocate, how is this more invasive than DUI checkpoints?
Some people die at 25 and aren't buried until 75. -Benjamin Franklin
This is a boon to "parallel construction"
I for one don't think that the accuser should ever be anonymous when it comes to court cases, since we would have a right to face them in a court of law. I think for reporting the guy down the street who keeps violating noise or lawn ordinances is a different story. As those never really go to court.
Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
In a scathing dissent, fellow conservative Scalia called the Thomas opinion a "freedom-destroying cocktail" that would encourage "malevolent" tipsters to make false reports. It matters not whether the caller gave details about her alleged accident. The issue, said Scalia, is "whether what she claimed to know was true."
Is Scalia seriously suggesting police can act on a tip only after proving that tipster is telling the truth? The operative word is "reasonable" suspicion. The number of false reports to 911 is vanishingly small, and there is very reasonable to believe the tipster was telling the truth.
Just last week he suggested seriously people unsatisfied with taxes should rebel. Wonder what would happen if people who strongly believe that "the citizens united decision was unconstitutional and dilutes the franchise of American citizens, and allows foreign non citizens to set up shell corporations to influence US elections" to pursue second amendment remedies against the SCOTUS. Lucky for Scalia most progressives still believe in elections, democracy, rule of law and that SCOTUS interpretation of the constitution is the only legal interpretation.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
Parallel Construction. You'll pardon me if I don't believe a single word from the mouths of our American "law enforcement" and "justice" system. Amazing that he just happened to have those 30 pounds of weed.
He was pulled over because of a report from a concerned driver. (For all the cop knew, the suspect could have been drunk)
Detecting drugs is a reasonable cause to search a vehicle or residence. The cop smelled herb, and searched the car.
Quit hauling 30lbs of herb around and I'm sure you'll stop getting busted.
The question wasn't what the woman was supposed to do. The question was what the police were entitled to do.
Gotta love when Ginsbur, Kagan, and Sotomayor agree with Scalia
This is way better than a search predicated on the interpretation of signs from a dog by THE PERSON WHO WANTS TO SEARCH.
Why don't they just allow criminal divining rods, that would make it way easier?
On the plus side, it makes us safer. I think after all the CSI shows people thinks crimes are solved by following evidence. I am pretty sure at this point more major crimes are solved by random car stops and searches for small things.
They want your information not your name. One does not need to call crime stoppers just to report a unsolved crime but a undiscovered crime and no one is calling now to report someone who they don't like to get them in trouble for their stash.
From the ruling, the call identified the vehicle by model, colour, and plate. I have no problem with stopping and searching the vehicle on the basis of a genuine non-anonymous call - but what if there was no 911 call, or if the police themselves placed the call?
The dissenters didn't explicitly mention such a possibility but, reading between the lines, they seemed to be aware of it.
The ruling doesn't include "search", it only OK's stopping/pulling over.
The "search" is a separate issue backed by the Plain View Doctrine.
No beer and no TV make Homer something something
That's not what the court held. The court held that in this case, the correlation between the tip and the vehicle's location, description and direction of travel, not the tip itself, was probably cause for the stop, and that the smell of the marajuana emitted from the truck was probably cause for the search.
The 911 calls are recorded, including the position from e911. You can easily spoof the location with magicjack, but the accusation of the "anonymous" tip being from the police should be adequate for the defense to get a subpeneo to identify the caller.
Now, for your house, let me present the counter-example. Let's say your'e suspicious that your neighbor is cooking meth, and that he'll shoot you if you call the cops (the second one is a reasonable fear). Should the cops be forced to disregard your call if you decline to give your name for fear of being shot? Should undocumented immigrants be denied justice and public proection because they're concerned that using their name will lead to deportation? There are two sides to this story.
Also, notably, the dissent rests on two assertions: The anonymous tipster not necessarily being aware that they are identifiable, and that the tip was not corroborated in anyway.
The people:
http://i.imgur.com/ttWdJiw.jpg
The car:
http://i.imgur.com/4muNggX.jpg
Just pulled out from:
http://i.imgur.com/chxu8QL.jpg
The verdict:
http://i.imgur.com/oSNQoWN.jpg
This is another ruling that is based on finding something that they think would give the victim (defendant) too much power, allowing him to skirt the law, and not based on true legality.
It re-confirms that the justices are nothing more than senile elderly people who work with and for the enforcement industry and don't really care about upholding the constitution.
Bad driving *does* give reasonable suspicion of impairment, and even an anonymous report is certainly sufficient cause to stop the vehicle and briefly question the driver... which in general would amount to them just saying that they received a report about the vehicle... Since they had not personally witnessed the erratic driving, they would have had no basis to even ask him to get outside of his vehicle, but would have just questioned him through an open window, After quickly checking to see if there were any other reports about the vehicle, they would have asked the driver if they had anything to drink that evening. If the answer was no, and they had no reason to suspect the person was lying (ie, he was not visibly impaired), then they would have just let the person go.
It was only after they had stopped the vehicle and actually questioned the guy that gave them further reasonable suspicion to search his vehicle, and find that he was guilty of another crime.
File under 'M' for 'Manic ranting'
30 pounds of weed is not a technicality. He definitely committed the crime in question. The only question is whether the police had the legal right to discover and prosecute him for this.
I think you mean that he almost escaped on a technicality, but was tripped up by a different technicality? Law is so complicated.
The question is whether or not they had the right to pull him over. Once he was pulled over they smelled marijuana and that was the basis for the actual search which revealed the marijuana.
While I do tend to agree that it's troubling that an anonymous 911 call is being used to pull somebody over that's not apparently breaking the law, the fact is that the search wasn't based upon the tip and the ultimately conviction had basically nothing to do with the allegations in the call.
"what's the problem?"
Why wouldn't the woman give her name and information to the 911 operator? It calls into question the reliability of the information, which in turn creates a question of probable cause.
What if the caller was lying? What if the caller was a jealous ex? What if the caller was just a prankster? What if the caller was a secret government agent? What if there was no "real" caller and the "call" was faked?
These sorts of laws are meant to protect the innocent, as well as provide a measure of protection from our own government. Anonymity in these cases can be the same as no evidence at all, as you can't know anything beyond the initial "statement" made. And that "statement" can have considerable ramifications.
And there's a reason for that. There's times when all a person is able to do is dial and hope that somebody can track them down. Other times they are able to speak but don't know exactly where they are. E911 is basically there to make it easier for the dispatcher to know where to dispatch the help.
The fact that it's also something that makes it easier to crack down on crank calls is more or less a byproduct of those functions.
"Justice Clarence Thomas, writing for the majority opinion, reasoned that 'a 911 call has some features that allow for identifying and tracking callers' as well as for recording their calls, both of which he believed gave anonymous callers enough reliability"
The argument seems to be that the "Anonymous" tip isn't actually anonymous.
This seems like SWATting waiting to happen.
I'm not sure about other states, but here that's called racing. AFAIK, it doesn't matter whether or not there's another car involved.
Scalia never met a search he considers unreasonable ...
Except for this one? Did you miss that Scalia wrote the dissent while Thomas wrote the majority opinion?
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
You'll soon have your very own writ of assistance... You may as well end your revolution and rejoin the British Empire
DON'T BE A DICK ON THE HIGHWAY! Drive conservatively, dress conservatively, and be completely (able to pass a blood test) sober.
Most importantly: Don't draw attention to yourself.
Who did what now?
That's not likely. It's technically possible that she does, but it's ridiculous to assume that she does. If that were the case, they'd find out soon enough as 911 calls result in the dispatcher getting quite a bit of information from the phone company.
I'm not a fan of the 3 letter agencies, but Jesus H Christ, try to keep it at least plausible.
Putting the caller id stuff in the decision left a gaping hole for the case when a tip comes from an obviously spoofed number. And there may be a case for when prosecution cannot produce either the caller id or the recording.
Of course we can have non-vetted "tips" come in to arrest people based on heresay. Can't let that pesky Constitution get in the way of the government putting it's boot on the neck of it's citizenry...
The Supreme court ruled the officer had reasonable suspicion that the drive was intoxicate and driving under the influence. The did not rule on the acceptance of the anonymous phone call or that it was acceptable against the 4th amendment. Only that a reasonable suspicion of driving while intoxicated can be investigated from a tipster.
That's preposterous. Scalia wrote the decision in Kyllo v. United States where use of thermal imaging was declared in violation of the 4th Amendment.
He also dissented in another 4th Amendment case, County of Riverside v. McLaughlin where the majority decision weakened protections.
No if I was going to inflict lunch choking on someone it would be Clarence Thomas.
Law enforcement (being allowed to lie) already uses the "we've had noise complaints" or "there was a X crime in the area" bullshit to harass people they have a "hunch" are up to no good. I got a (WWB) Walking While Black once at college before I knew what was up. Like a naive kid I started asking the cop about what happened and gradually realized he just made up the story as an excuse to run my ID.
Abuses are bad enough as it is. You can guarantee cops will use the anonymous tip to launch a search, then let the union and DA worry about the consequences on the rare chance a citizen gets "uppity".
I swear to God...I swear to God! That is NOT how you treat your human!
I'm sure if I followed an important public figure around for a while I could catch him rolling a stop sign or two.
It's called stalking.
If you are spotted, expect your high profile target or his warders to call for back-up.
Scalia w/ the liberal females in dissent and Breyer in the majority w/Thomas, Roberts, Alito and Kennedy? On *this* issue Breyer sides w/Thomas et al?
I don't even....
Land of the free
Home of the brave
LOL
The biggest issue I see is what apparently happens with dragnet surveillance, etc.
You *aren't* allowed to convict somebody on illegally obtained evidence, with this following a certain amount down the chain. However, what does happen is that somebody gets "evidence" using illegal means, then calls in an anonymous tip saying "Bob has pot plants in his trunk", followed by Bob being busted.
When Bob goes to court, the court never hears that they the police initially heard about his plants by spying through the OnStar system without a warrant, just that he was pulled over based on an "anonymous tip"
She did give her name, it was just not entered into evidence because it was not relevant.
When you cant win, ad hominem.
What could possibly go wrong?
The bizarreness of Thomas' justification is pretty over-the-top. He's saying that an anonymous call creates probable cause because its not anonymous? The progression of that argument would be the government can authorize itself to search anything. A cop could just call 911, non-anonymously and even give his name, to create the tip that authorizes himself to search. Wouldn't that trigger the newly-created exception and make it legal?
Maybe there's some way that 911 calls could circumvent the 4th, but a not-really-anonymous anonymous call angle? WTF.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
The courts decision on this is not valid because it's not constitutional. I do not recognize the courts decision, and neither should you.
Every person has a right to due process of law, and has a right to know and face their accuser in a court of law. How are people going to do that if the accuser is anonymous?
You still have a right to deny them the authority to search, unless they have a warrant issued by a bonifid judge, and that requires them to swear an oath to the judge, or present affadavit of witnesses, and it ALSO requires them to name the items to be searched and seized.
Police will be making the "anonymous tip" claim all the time, as a way to skirt their responsibility to law. Police are already far overeaching, and use excessive force all the time. If anybody still doubts that the final 3rd branch of our government is corrupt and no longer serves the people, then this is your proof.
In Ontairo we have radio ads encouraging the public to report drunk drivers on the road. If found they get pulled over and get a road side test. If a charge was contested the 911 caller would have to be a witness. Same thing with a speed trap. One officer can have a radar gun and then radio to a cop down the road to pull you over. In court both officers have to be present because one saw the offense and one charged for the offense.
disposable prepaid cell anyone?
The Arrogance of the Supreme Court Justices, to grant such overeaching power to police, on nothing more than their word, in an age when there has been clear proof of over reach of authority, and over use of force. It's an intollerable and unforgivable act, to effectivly deny the accused right to face his accuser in a court of law, seeing how the police will not be able to produce such witness for the stand in a court of law. To deny the accused the right to be free of unreasonable search and/or seizure. To be denied due process of law, to be entirely under the control of police, without any oversight at all.
The halls of justice now echo with the voice of Roland Freisler.
Thats is bullshit. The only "evidence" that should matter is what can be captured to use later in a court of law. If every marijuana consumer went to the police station smoking a joint and then demanded a public defender and pleaded not guilty the system would be broke in no time.
Unless that 30# of weed was planted there by the person who placed the tip, it's not really relevant. The basis for the call was that she was run off the road by the person. Once they stopped the car they smelled the smell and found the weed.
Regardless of whether or not the tip was real, the person did commit a crime and once the stop was made there was a real right to search it. The only question here is whether or not an anonymous tip is sufficient cause for the initial stop.
We should be pissed that having a plant or plant material is a crime. God made them grow, all our money reads "In God We Trust". Maybe the supreme court should bring God up on manufacturing charges.
> The problem is that we know that this case seems likely to be one of parallel construction. There's a good chance this 'anonymous woman' worked for a three letter agency and had obtained unlawful evidence.
It would have been much simpler to lie and claim they saw him swerve or drive recklessly to justify the stop. It's odd that people focus on the 911 call when the "I smelled MJ" part is really more open to abuse. There's no evidence that they even TRIED to find the witness, only to complain about not being told who it was.
I guess it always increases at an exponential rate.
Seriously: what is left for the citizenry to do when it is being increasingly brutalized by the fucking Supreme Court itself??
If you're gonna drive around with 30 pounds of pot AND drive aggressively you're gonna have a bad time. Might want to hold off on the aggressive driving until AFTER you deliver the drugs to the local teenagers.
always voting in more police power, yes?
One more "protect the children" decision and it will be illegal for anyone to f@uk anyone anywhere at any time.
My suggestion? Time to start flooding the 911 system with fake calls designed to ID off duty cops. This nonsense can only be stopped by demonstrating the reductio ad absurdem of ignorant pro-enforcement laws
If the call was legit then they should have gotten a name and if she wanted to remain anonymous that is her right. - so we will never know if this was done right or not.
pulling over based off the call is right. even if she did not call if he got pulled over he still would have been searched, Why?
The Smell of WEED. shocking i know but some places are still backwards and weed and other items like kinder surprise are illegal.
So the stop was warranted, the smell of weed warranted the search for the drug.
Now should we let anyone make anonymous calls. hell no. it should only be allowed if there is immediate threat to the caller.
We have a problem and it is this Supreme Court. We can not allow this court to continue to make rulings like this. We need a fast constitutional amendment dismissing the members of this court or some other mechanism to throw them out. This court is politicized and corrupt to the bone. They have gravely failed the country.
I think it's time to start the process to rewrite the constitution and through constitutional means dis-empower and retire the current government and political elite.
If police have to second guess on 911 call then it will destroy the whole point of 911. The fault should be point of origin, the caller.
rat out teachers, cops, local elected officials, church leaders.
Its no coincidence the car had 30 pounds of marijuana in it.
The Supreme Court just condoned Parallel Reconstruction. The gist of it is that the DEA or police obtain information illegally. They then report "anonymous" tips to the police. The police then pull over the car and say "We smelled marijuana." This excuse for illegal search and seizure has already been condoned. Courts have granted police infallible senses of smell. They search the car and find the material they know is already there.
Welcome to police state USA. If someone in power doesn't like you, you can see how it goes.
So you're point is that he missed a step?
1) Police officer sees car he wants to search
2) Police officer calls 911 placing an anon tip
2.5) Police officer claims to smell marijuana
3) Police officer gets to do whatever the hell he wants.
Jesus tapdancing Christ the 4th Amendment is saved!
Joe, call 911 on this vehicle we just pulled over while I get his drivers license.
I remember when people in the US had rights. Good times.
Please, can we start calling them what they really are? "The international banker cartel's playthings" is another acceptable term for them as well.
while it did some good this time, i can see this being totally abused in the following way: police cannot get a warrant to search someone or some place, so they ask a random bystander to call in a 911 tip anonymously... they then go in without a warrant (because they no longer need to)
http://en.wikipedia.org/wiki/F....
If the US Supreme Court actually expects everyone to believe the claim that precedent matter(stare decisis; though the US Supreme Court's exist precedent on quite a few issues ranges from suspect to an outright violation of individual rights.), then how does the Court reason this recent decision against decisions like J.L. v Florida? In fact, how does it rationalize tolerance of law enforcement insert itself in an individual's(or multiple individual's) private affairs, based on the claims of an anonymous source?
I myself am an ex-law enforcement officer, which I have discussed lightly in prior topics. One of the major discussions during more than a few training sessions and private discussions was the taboo of allow law enforcement to initiate a traffic stop(or any similar "detention") based off of an anonymous call to 911. One of many points of contention discussed was a law enforcement officer which was potentially looking for a reason to initiate a detention using a "burner" cellular phone, or one that isn't attached to a service provider, getting a "be on the lookout"(BOLO; a general notification, either over a general radio frequency or posted on a computer-aided dispatch system, concerning a potential issue or possible "criminal activity") notice issued(very easy and far too often a good portion of a given day's radio chatter), and using that as the basis for initiating a stop/detention.
I abhor this decision. Unless there is a verified witness, whom will swear to events he or she claims occurred, then a "BOLO" should, at best, continue to be a tool to alert officers to be vigilant of a potential problem or criminal activity. Though, the onus should continue to be on law enforcement to find probable cause(with more restrictions than exists today, given the far too lax and unconstitutional reasoning created by court fiat), based off of personal or verified third-party(sworn witness('s)) observations and statements, or other legitimate clues.
Fusion centers + parallel construction = police state apologists need to find a new defense for the indefensible.
IANAL.
They pulled over the car in question and smelt marijuana, which is not only a controlled substance but also impairs driving ability. THIS is what gave them cause to search the vehicle. All the tip let them do was pull the car over, which is pretty reasonable for a tip.
Does an anonymous phone call specifying someone doing something give reasonable suspicion that that person did that thing? Why yes it does.
Wear a hoodie and gloves. They'll have to go through the expense of spit-swabbing your DNA off the receiver and trying to find a match against the thousands of other samples that would be on the phone. You'll be fine. Have fun!
This needs more attention.
Considering the level of corruption in cops today, get a politician's teenage daughter stop'n'frisked enough times and you can guarantee one of those cops is gonna finger-fuck her in the process eventually. Yeah, it would suck for her, but at least her assault would lead to change rather than if it happened to some other girl who doesn't matter nearly as much.
You know shit gets done when people lay their hands on the daughters of angry, powerful white men. Someone oughta set up a .onion with a database full of information and photographs for this very purpose.
You'd think officers (or at the very least, investigators) would have to carry a small vacuum tube for collecting air samples, to prove how much scent of something (if any) is present at a scene. The tech is available and cheap, and evidence is supposed to be so important, so why are we still taking cops at their word on what they witnessed with their noses? Because it's drugs and that somehow makes it different?
She was run off the road by a maniac weilding an expensive, massive fucking weapon amonsgt weapons: a motor vehicle.
When I put myself in this woman's shoes, I think that if that happened to me, I'd feel like I just barely escaped death. I wouldn't want to take any more chances in case that person wanted me dead for calling the cops. I don't know who's behind that wheel, who his or her friends and family are, what their own personal ideas on revenge entail, or anything! All I know is that this person damn near killed me and then sped off rather than pulling over to apologize and humble themselves like I'd expect any good person to. That driver didn't want to be known, who knows what kind of trouble I'd get into if that driver found out I'm the one responsible for him or her being known, and eventually picked up by the police?
Look, I love weed. I'm high as fuck right now from my good ol' vapourizer, I have seven different medicinal reasons for using it plus I just really enjoy how it makes me feel. It thoroughly sucks that he got busted for possession, and in an ideal world, that wouldn't even be a crime, and the cops would ignore it as if he was bringing home milk and eggs from the grocery store. However, I think we can all agree that bad drivers have got to fucking go!
I cannot believe people think that a report on a dangerous driver shouldn't be followed up on by the police! As much as I hate what the cops do and how corrupt they are and how they don't respect our rights and all that typical stuff you'd expect from a guy like me, THIS IS THE KIND OF FUCKING THING COPS ARE SUPPOSED TO BE HERE FOR, DAMN IT!! Protecting citizens from other citizens that would do them harm is the fundamental, founding principle of the police force, as it was first invented by Robert Peel in England, 1829! Yes, they are going far beyond that scope in other examples, including the immediately subsequent drug possession arrest, but in the case of pulling over a dangerous driver, they are adhering to probably the most important, core principle of policing there can be.
I wish I could convey how difficult and sick it makes me to actually admit that about cops, but holy shit, if I can open my mind, what the hell are the rest of you smoking?!
I call 911 and talk about Mexican Mafia, Russian Mafia, Irish Mafia, Italian Mafia or whatever type of illegal gang activities and about the guns, drugs and killing going on at my neighbor's house and flash bang boom the swat team shows up kills the family lab and takes out the neighbor too. My job is done and no one is none the wiser...
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...is that the standard for searching automobiles is significantly lower than that of searching a person or domicile. Your expectation of privacy in a vehicle on a public road is a heckuva lot different than an expectation when you're watching TV in your living room. Given case law, it's not that much of a stretch to allow a stop of an automobile based on a 911 call. The subsequent search & arrest could easily have been justified by readily observable facts visible without further search at the time of the stop. So this precedent doesn't translate into the "now they can search your house by alleging an anonymous 911 report that you're cooking meth" scenario.
Having said that, I hate what has been done the the Fourth Amendment. Courts have so qualified its protections that, of all the first ten amendments, it's probably the one that has been gutted the most. Second Amendment, not even close. There are now so many exceptions to the "probable cause" requirement that search warrants are almost an endangered species. And don't start me on FISA or the USA Patriot Act.
LOL!1!1!
"Five of the nine justices disagreed with him."
Clarence Thomas wrote the opinion for the majority, but If there are 9 justices then a majority would be 5. If 5 disagreed with Clarence Thomas' opinion then wouldn't that mean that a majority voted against Clarence Thomas' position.
This article is confusing.
J
It's been around four days, and I have no idea if this reply will get read. But hopefully it will be of use.
Whether searching inside one's car or someone walking through your house, a warrant is going to be needed. But that's totally different from something being in plane site, if someone has "weed" sitting on one's car seat easily visible. Or if someone has a person tied up in a chair in their front yard easily visible from the street.
Unless the 911 caller fears for his or her life, I don't see why the caller cannot be identified. You know, incase of "revenge" as others have said.