Ex Parte Barnette

624 So. 2d 507, 1993 WL 126514
CourtSupreme Court of Alabama
DecidedApril 23, 1993
Docket1920421
StatusPublished
Cited by14 cases

This text of 624 So. 2d 507 (Ex Parte Barnette) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Barnette, 624 So. 2d 507, 1993 WL 126514 (Ala. 1993).

Opinion

624 So.2d 507 (1993)

Ex parte Antonio BARNETTE.
(In re Antonio Barnette v. State of Alabama).

1920421.

Supreme Court of Alabama.

April 23, 1993.

William R. King and C. Clay Torbert III of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for petitioner.

James H. Evans, Atty. Gen., and Cecil G. Brendle, Jr., Asst. Atty. Gen., for respondent.

HOUSTON, Justice.

Antonio Barnette was arrested for possession of cocaine. He moved to suppress the evidence against him, alleging that his stop by the police was improper because, he argued, a "reasonable suspicion" of criminal activity could not be based on what he termed an "uncorroborated anonymous tip." The trial court denied his motion to suppress. He was convicted. The Court of Criminal Appeals affirmed, without opinion. 614 So.2d 1063. Barnette petitioned for a writ of certiorari, citing Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), as authority for his claim that "the stop violated the Constitution and the motion to suppress should have been granted," because "the anonymous tip ... lacked significant details that could be independently corroborated by police to provide `sufficient indicia of reliability to justify the investigatory stop.'" Quoting the language of White, 496 U.S. at 332, 110 S.Ct. at 2417.

We issued the writ to determine whether, under the "totality of the circumstances," the anonymous tip had been sufficiently corroborated by independent police investigation to establish the requisite indicia of reliability that would provide reasonable suspicion that Barnette was involved in criminal activity and thereby justify the investigatory stop. We hold that it had not been.

On February 1, 1991, the Montgomery police received an anonymous telephone call indicating that two young black males were selling drugs. The caller described only the clothing worn by the black males (one wearing a brown jacket, blue jeans, and a black hat; the other wearing black "warmup" pants with a red stripe, a black jacket, and a black hat) and their location (the corner of Southlawn and Greensboro Road in Montgomery). The police received no information about the informant. Thereafter, two police officers were dispatched to the area with only *508 the aforementioned information. Upon their arrival, the police did not see two black males in the vicinity but rather saw three black males—Barnette and two others. None of the black males was dressed as described in the dispatch. In fact, the police testified that Barnette was wearing a black jacket, black jeans, and a blue hat. In addition, Barnette was riding a bicycle some distance down the block from the two other black males, a fact that was not mentioned in either the anonymous call or in the dispatch.

According to the police, they had intended to do a "ride-by" to look for any suspicious-looking person in the area or anyone engaging in a drug transaction. However, although they did not do a "ride-by" and although they saw no evidence that the black males were selling drugs, the police nevertheless proceeded to search them. They first searched the other black males but found no weapons or drugs on either of them. They then approached Barnette, who had fallen off his bicycle; they pointed a weapon at him and instructed him to "lean against the car." One of the officers testified: "I didn't know what I had. At the time, I didn't know what, if anything, [Barnette] was wanted for. That's why I placed him on the car and did a weapons search on him because I didn't know if he was wanted and for what."

While frisking Barnette, the police felt something in the crotch of his pants that they said they knew was not a weapon but which they thought was crack cocaine. When they reached in Barnette's pants, their suspicions were confirmed and they arrested Barnette for possession of cocaine.

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the United States Supreme Court, dealing with an anonymous tip in the probable cause context, abandoned the "two-pronged test" of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), for the "totality of the circumstances" approach in determining whether an informant's tip established probable cause. However, in abandoning the Aguilar-Spinelli "two-pronged test" for the "totality of the circumstances" test, the Court retained the critical factors of an informant's veracity, reliability, and basis of knowledge as factors to be considered in assessing the value of the information.

In Alabama v. White, supra, the Court held that just as veracity, reliability, and basis of knowledge are relevant in the probable cause context, "these [critical] factors are also relevant in the reasonable suspicion context, although allowance must be made in applying them for the lesser showing required to meet [the reasonable suspicion] standard." 496 U.S. at 325, 110 S.Ct. at 2412. Because the veracity of the person giving the anonymous tip is "by hypothesis largely unknown, and unknowable," Illinois v. Gates, 462 U.S. at 237, 103 S.Ct. at 2331, and because ordinary citizens do not generally provide extensive recitations of the basis of their everyday observations, an anonymous tip, without more, seldom demonstrates an informant's reliability or the basis of the informant's knowledge. Nonetheless, an anonymous tip can provide the reasonable suspicion necessary for an investigatory stop, if the tip is sufficiently corroborated by independent police investigation. See Alabama v. White.

"Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.... Reasonable suspicion, like probable cause, is dependent upon both the content of information possessed by police and its degree of reliability. Both factors—quantity and quality—are considered in the `totality of the circumstances—the whole picture,' that must be taken into account when evaluating whether there is reasonable suspicion.... The same approach [that applies in the probable cause context if a tip has a relatively low degree of reliability, i.e., requiring more information to establish the requisite quantum of suspicion than would be required if the tip were more reliable, such as taking into *509 account the facts known to the officers from personal observation and giving the anonymous tip the weight of reliability as established through independent police work] applies in the reasonable suspicion context, the only difference being the level of suspicion that must be established."

Alabama v. White, 496 U.S. at 330-31, 110 S.Ct. at 2416-17. (Citations omitted.)

The anonymous tip in this case contained merely a range of details relating to easily obtained facts and conditions existing at the time of the tip, i.e., that two black males dressed in a particular manner were at a specific location.

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Bluebook (online)
624 So. 2d 507, 1993 WL 126514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-barnette-ala-1993.