What is the test for reasonable suspicion of criminal activity under the Fourth Amendment when a tip from an anonymous tip comes to police?

California, United States of America


The following excerpt is from People v. Bird, B286561 (Cal. App. 2018):

public interest and the individual's right to personal security,' [citation], tilts in favor of a standard less than probable cause in such cases, the Fourth Amendment is satisfied if the officer's action is supported by reasonable suspicion to believe that criminal activity ' "may be afoot." ' (United States v. Arvizu (2002) 534 U.S. 266, 273 [122 S.Ct. 744, 151 L.Ed.2d 740]; see People v. Dolly (2007) 40 Cal.4th 458, 463 ["An investigatory detention of an individual in a vehicle is permissible under the Fourth Amendment if supported by reasonable suspicion that the individual has violated the law"].) To determine whether an officer has reasonable suspicion of criminal activity, we "must look at the 'totality of the circumstances' of each case to see whether the detaining officer has a 'particularized and objective basis' for suspecting legal wrongdoing." (United States v. Arvizu, supra, at p. 273.)

When police have no basis for suspicion other than an anonymous tip, we must decide whether, under the totality of circumstances, the tip "gave the detaining officers a ' "particularized and objective basis" for suspecting legal wrongdoing.' " (People v. Dolly, supra, 40 Cal.4th at p. 472, Kennard, J., concurring.) Whether an anonymous tip gives police a particularized and objective basis for suspecting illegal activity depends on both the information conveyed by the tip and its degree of reliability. (See Navarette v. California (2014) 572 U.S. ___ [134 S.Ct. 1683, 1687, 188 L.Ed.2d 680] (Navarette).)

Five cases provide useful guides.

In Florida v. J.L. (2000) 529 U.S. 266 [120 S.Ct. 1375, 146 L.Ed.2d 254] (J.L.), an anonymous caller reported to police that a young African-American male standing at a particular bus stop in a plaid shirt was carrying a gun. Some unspecified time after

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