A Rancho Cucamonga Criminal Defense Attorney Explains When Anonymous Tips Can Be Used Against You

A Rancho Cucamonga Criminal Defense Attorney Explains When Anonymous Tips Can Be Used Against You In many crime dramas, a call from an anonymous source leads the police to a crime. They then arrive on the scene quickly, apprehend the culprit, and end the crisis. But does it really operate that way? On the basis of an anonymous tip, can the police actually stop you, search you or your home, or make an arrest?

Law enforcement needs more than simply an anonymous tip to make an arrest, stop, or search a person, car, or property, as a Rancho Cucamonga criminal defense attorney, can explain. Before the police in California may act on information provided by an anonymous informant, a number of requirements must be completed. Read on to learn more and contact Chambers Law Firm at 714-760-4088 if you need a free legal consultation.

A warrant is generally needed to search your property

We all have the right to be free from arbitrary searches and seizures in the United States. With a few exceptions, the police need a warrant before they may search someone or something. A warrant must be supported by probable cause and must include the location to be searched as well as the people or items that will be taken.

Without a warrant, a police officer may occasionally stop and hold a person. This can happen if they have a solid suspicion that illegal behavior is taking place and that the individual they stopped was involved.

How information from an anonymous tipster can be used

If the police have validated the information given by the tipster, or have found some other means to corroborate it, and/or if the information was detailed or otherwise accurate, they may be able to stop someone based on an anonymous tip.

An anonymous caller to 911 soon after a convenience store robbery gives a detailed description of the offender, including the color of his shoes, which may be enough detail for the police to apprehend someone who matches the description. The courts would probably sustain a person being stopped on that premise if the police went the extra mile to confirm the information by asking the clerk for a description of the thief.

An anonymous report about a car must follow the same rules. The authorities may utilize that information if they have validated or verified it and/or if it is credible, as a Rancho Cucamonga criminal defense attorney may explain. For instance, stopping a car on suspicion of drunk driving would likely be adequate if a motorist saw a vehicle on the road behaving strangely and was able to identify its position, the direction it was traveling in, and its description in addition to the license plate number.

However, there is a higher bar for anonymous tips to qualify for a search warrant since courts have acknowledged that we have an enhanced expectation of privacy in our homes. A law enforcement official must further demonstrate that the informant is truthful and/or that the information is trustworthy in order to draw that conclusion, in addition to the first two elements mentioned. For an anonymous tip to qualify as adequate for a search warrant, the source must have actually seen the suspected illegal action. An anonymous tip won’t be sufficient for a search warrant if the source only saw questionable behavior without actually witnessing a crime.

Call today for a consultation with a Rancho Cucamonga criminal defense attorney

You will need an active Rancho Cucamonga criminal defense attorney to defend you if you were detained on the basis of an unnamed tip. You can get help from Chambers Law Firm. For a free first consultation, call us at 714-760-4088 or email dchambers@clfca.com right now.

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