The Fourth Amendment to the U.S. Constitution guarantees the rights of citizens to be free from unreasonable searches and seizures. That does not mean that law enforcement officials cannot ever conduct a search or seize evidence. The Fourth Amendment merely requires that the police follow proper procedures. The main procedure is asking a judge for a warrant. A warrant is a legal document signed by the judge, after consideration of facts and evidence, giving the police permission to conduct the search and/or seizure. Obtaining a warrant is generally a requirement under both federal and Georgia law. If police conduct a search and/or seizure without a warrant, then your case might be dismissed. As discussed below, there are some exceptions where an arrest can be made without a warrant. Either way, you should consult with courtroom-tested criminal defense lawyers in Georgia like the ones at Shein, Brandenburg & Schrope at the Federal Criminal Law Center.

Below is a brief discussion of what role anonymous tips made to the 911 call center can play in obtaining a warrant and in stops that are based on reasonable suspicion. The topic includes discussion of federal criminal defense and Atlanta criminal defense.

What roles does an anonymous tip play in obtaining a warrant?

When a judge is asked to sign a warrant, the judge will be given various information from the police officers and prosecuting attorneys. The Constitution states that “… no warrants shall issue, but upon probable cause, particularly describing the place to be searched, and the persons or things to be seized.” So, at minimum, the application for a warrant must state the place/persons to be searched with a particularized description of what it is that the police are looking for. But, in addition, the police must state why they think a search/seizure is justified. The police must show that the place/person to be searched has some relationship to a crime.

One possible way of showing that a warrant is justified is by providing the judge with information obtained via an anonymous tip. Generally, the judge will evaluate the reliability of the anonymous tip. Factors considered include:

• What level of detail was provided by the tip?
• Was information provided that suggests that the anonymous informant was honest and/or that the information is reliable?
• Is this a regular police informant and, if so, has the information been reliable in the past?
• Did the anonymous informant actually witness the alleged criminal activity?

What about traffic stops?

While law enforcement officials are generally required to obtain a warrant, in some circumstances, the police may stop a person or a vehicle — a type of seizure — if the police believe some sort of criminal activity has occurred, is occurring or is about to occur. Anonymous tips can play a role in these types of arrests, too. Thus, for example, an anonymous tip to a 911 call center about a possible drunk driver can form the basis of a lawful stop of the vehicle in question.

Thus, for example, courts have upheld the legality of using anonymous 911 tips to stop vehicles on suspicions of drunk driving. In general, such a stop is valid if:

• The anonymous tipsters has provided a specific make, model, and license plate
• Indicated direct knowledge of the driver’s allegedly intoxicated driving
• And police are able to locate the vehicle in question within a short amount of time

The constitutionality of a vehicle stop is enhanced if the police are able to make their own observations of the alleged drunk drivers’ behavior. Use of anonymous tips was approved most recently by the U.S. Supreme Court in the case of Prado Navarette v. California.

Speak With a Criminal Defense and Post-Conviction Appeal Team Today

For more information, contact the criminal defense and post-conviction appeal team at Shein, Brandenburg & Schrope at the Federal Criminal Law Center. We specialize in both Georgia and federal post-conviction appeals. Our firm knows how to fully assess an individual’s case and how to identify the strongest grounds for appeal. Contact us today by calling (404) 633.3797 or by completing our quick and convenient online form. We are located in Decatur, Georgia, not too far from Atlanta.