Navarette v. California: Fourth Amendment, Vehicles, and Anonymous Tips
Document Type
Oral Presentation
Campus where you would like to present
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.
Recommended Citation
Nguyen, James, "Navarette v. California: Fourth Amendment, Vehicles, and Anonymous Tips" (2014). Symposium Of University Research and Creative Expression (SOURCE). 30.
https://digitalcommons.cwu.edu/source/2014/oralpresentations/30
Additional Mentoring Department
Law and Justice
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.
Faculty Mentor(s)
Reimund, Mary Ellen