Title

Navarette v. California: Fourth Amendment, Vehicles, and Anonymous Tips

Presenter Information

James Nguyen

Document Type

Oral Presentation

Location

SURC Room 137A

Start Date

15-5-2014

End Date

15-5-2014

Keywords

Fourth Amendment, vehicle stops, reasonable suspicion

Abstract

The case of Navarette v. California is under review by the US Supreme Court. The case involves drunk driving and the Fourth Amendment. The US Constitution allows us to live our everyday lives without fear of having our privacy rights unjustly invaded by government officials. In Navarette, an anonymous citizen tip, without additional corroboration of wrong doing provided the reasonable suspicion for the stop for reckless and drunken driving. After making the stop, police smelled marijuana and upon further investigation found bags of marijuana leading to the arrest of Lorenzo and Jose Navarette on possession, transportation and sale of marijuana. In an earlier case of Florida v. J.L., the court found that an anonymous call without additional corroboration was not be enough to justify the police to do a search of the suspects. The issue before the court now will be whether the Fourth Amendment requires an officer who receives an anonymous tip for drunk or reckless driving to corroborate the wrong doing before making the stop. Will the guidelines for police change depending on the type of crime they are investigating? This presentation will discuss the facts of the case and the implications that the decision would have on the potential erosion of protections under the Fourth Amendment in regard to what constitutes sufficient reasonable suspicion for police to base their investigation of citizens.

Faculty Mentor(s)

Reimund, Mary Ellen

Additional Mentoring Department

Law and Justice

This document is currently not available here.

Share

COinS
 
May 15th, 10:00 AM May 15th, 10:20 AM

Navarette v. California: Fourth Amendment, Vehicles, and Anonymous Tips

SURC Room 137A

The case of Navarette v. California is under review by the US Supreme Court. The case involves drunk driving and the Fourth Amendment. The US Constitution allows us to live our everyday lives without fear of having our privacy rights unjustly invaded by government officials. In Navarette, an anonymous citizen tip, without additional corroboration of wrong doing provided the reasonable suspicion for the stop for reckless and drunken driving. After making the stop, police smelled marijuana and upon further investigation found bags of marijuana leading to the arrest of Lorenzo and Jose Navarette on possession, transportation and sale of marijuana. In an earlier case of Florida v. J.L., the court found that an anonymous call without additional corroboration was not be enough to justify the police to do a search of the suspects. The issue before the court now will be whether the Fourth Amendment requires an officer who receives an anonymous tip for drunk or reckless driving to corroborate the wrong doing before making the stop. Will the guidelines for police change depending on the type of crime they are investigating? This presentation will discuss the facts of the case and the implications that the decision would have on the potential erosion of protections under the Fourth Amendment in regard to what constitutes sufficient reasonable suspicion for police to base their investigation of citizens.