SUMMARY OF THE FACTS: The driver of a silver, Ford F-150 pick-up, Lorenzo Prado Navarette and the passenger, José Prado Navarette, were arrested after being pulled over on August 23, 2008. The vehicle’s license plate number and description of the truck had been broadcast to CHP officers as driving recklessly, having ran a 911 caller off the highway. Two CHP officers responded, the first officer to locate the truck, pulled it over. Another officer arrived separately, allowing for both officers to approach the truck together. As they got closer to the truck, they smelled marijuana. The officers searched the vehicle and found 30 pounds of marijuana. Both Lorenzo Prado Navarette and Jose Prado Navarette were arrested for transporting marijuana.
ISSUE: Is there a Fourth Amendment violation when officers conduct a vehicle stop on the basis of reasonable suspicion, which resulted from information received through an anonymous caller? …show more content…
In order to seize an individual through the stop of a vehicle and subsequently search the vehicle without any warrant then reasonable suspicion must exist the vehicle has been involved in a crime, whether an infraction, misdemeanor, or felony. A subsequent search of the vehicle itself must be based on probable cause that evidence of a crime will be located.
HOLDING: The traffic stop complied with the Fourth Amendment, based on the totality of the circumstances and the reliable information provided to the CHP officers. The officers had enough reasonable suspicion to pull over Jose and Lorenzo Navarette. Under the Fourth Amendment, which prohibits unreasonable searches and seizures, the anonymous tip provided to the officers was valid on the grounds of public