prado navarette et al california argued january decided april california highway patrol officer stopped pickup truck occupied petitioners matched description vehicle caller recently reported run road second officer approached truck smelled marijuana searched truck bed found pounds marijuana arrested petitioners petitioners moved suppress evidence arguing traffic stop violated fourth amendment motion denied pleaded guilty transporting marijuana california appeal affirmed concluding officer reasonable suspicion conduct investigative stop held traffic stop complied fourth amendment totality circumstances officer reasonable suspicion truck driver intoxicated pp fourth amendment permits brief investigative stops officer particularized objective basis suspecting particular person stopped criminal activity cortez reasonable suspicion takes account totality circumstances depends upon content information possessed police degree reliability alabama white anonymous tip alone seldom demonstrates sufficient reliability white may appropriate circumstances pp call case bore adequate indicia reliability officer credit caller account reporting run road specific vehicle caller necessarily claimed eyewitness basis knowledge apparently short time reported incident call suggests caller little time fabricate report reasonable officer conclude false tipster think twice using system several technological regulatory features safeguard making false reports immunity pp tip reliable also created reasonable suspicion drunk driving running another car road suggests sort impairment characterizes drunk driving conduct might explained another cause driver distraction reasonable suspicion need rule possibility innocent conduct arvizu finally officer failure observe additional suspicious conduct short period followed truck dispel reasonable suspicion drunk driving officer required surveil truck longer period pp affirmed thomas delivered opinion roberts kennedy breyer alito joined scalia filed dissenting opinion ginsburg sotomayor kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press lorenzo prado navarette jose prado navarette petitioners california writ certiorari appeal california first appellate district april justice thomas delivered opinion caller reported vehicle run road police officer located vehicle identified call executed traffic stop hold stop complied fourth amendment totality circumstances officer reasonable suspicion driver intoxicated august mendocino county dispatch team california highway patrol chp received call another chp dispatcher neighboring humboldt county humboldt county dispatcher relayed tip caller mendocino county team recorded follows southbound highway mile marker silver ford pickup plate ran reporting party roadway last seen approximately five minutes ago app mendocino county team broadcast information chp officers chp officer heading northbound toward reported vehicle responded broadcast officer passed truck near mile marker making pulled truck second officer separately responded broadcast also arrived scene two officers approached truck smelled marijuana search truck bed revealed pounds marijuana officers arrested driver petitioner lorenzo prado navarette passenger petitioner josé prado navarette petitioners moved suppress evidence arguing traffic stop violated fourth amendment officer lacked reasonable suspicion criminal activity magistrate presided suppression hearing superior petitioners pleaded guilty transporting marijuana sentenced days jail plus three years probation california appeal affirmed concluding officer reasonable suspicion conduct investigative stop wl reasoned content tip indicated came eyewitness victim reckless driving officer corroboration truck description location direction established tip reliable enough justify traffic stop finally concluded caller reported driving sufficiently dangerous merit investigative stop without waiting officer observe additional reckless driving california denied review granted certiorari affirm ii fourth amendment permits brief investigative stops traffic stop case law enforcement officer particularized objective basis suspecting particular person stopped criminal activity cortez see also terry ohio reasonable suspicion necessary justify stop dependent upon content information possessed police degree reliability alabama white standard takes account totality circumstances whole picture cortez supra although mere create reasonable suspicion terry supra level suspicion standard requires considerably less proof wrongdoing preponderance evidence obviously less necessary probable cause sokolow principles apply full force investigative stops based information anonymous tips firmly rejected argument reasonable cause investigative stop based officer personal observation rather information supplied another person adams williams course anonymous tip alone seldom demonstrates informant basis knowledge veracity white emphasis added ordinary citizens generally provide extensive recitations basis everyday observations anonymous tipster veracity largely unknown unknowable ibid appropriate circumstances anonymous tip demonstrate sufficient indicia reliability provide reasonable suspicion make investigatory stop decisions alabama white florida useful guides white anonymous tipster told police woman drive particular apartment building particular motel brown plymouth station wagon broken right tail light tipster asserted woman transporting cocaine confirming innocent details officers stopped station wagon neared motel found cocaine vehicle held officers corroboration certain details made anonymous tip sufficiently reliable create reasonable suspicion criminal activity accurately predicting future behavior tipster demonstrated special familiarity respondent affairs turn implied tipster access reliable information individual illegal activities also recognized informant proved tell truth things likely tell truth things including claim object tip engaged criminal activity citing illinois gates contrast determined reasonable suspicion arose tip young black male plaid shirt standing bus stop carrying gun tipster explain knew gun suggest special familiarity young man affairs result police basis believing tipster ha knowledge concealed criminal activity furthermore tip included predictions future behavior corroborated assess tipster credibility accordingly concluded tip insufficiently reliable justify stop frisk initial question case whether call sufficiently reliable credit allegation petitioners truck ran caller roadway even assuming present purposes call anonymous see supra conclude call bore adequate indicia reliability officer credit caller account officer therefore justified proceeding premise truck fact caused caller car dangerously diverted highway reporting run road specific vehicle silver ford pickup license plate caller necessarily claimed eyewitness knowledge alleged dangerous driving basis knowledge lends significant support tip reliability see gates supra informant explicit detailed description alleged wrongdoing along statement event observed firsthand entitles tip greater weight might otherwise case spinelli tip illegal gambling less reliable alleged informant personally observed defendant work ever placed bet contrast tip provided basis concluding tipster actually seen gun even white upheld stop scant evidence tipster actually observed cocaine station wagon called white nowledge person future movements indicates familiarity person affairs knowledge necessarily imply informant knows particular whether person carrying hidden contraband driver claim another vehicle ran road however necessarily implies informant knows car driven dangerously also reason think caller case telling truth police confirmed truck location near mile marker roughly highway miles south location reported call roughly minutes call timeline events suggests caller reported incident soon run road sort contemporaneous report long treated especially reliable evidence law generally credit proposition statements event made soon perceiving event especially trustworthy substantial contemporaneity event statement negate likelihood deliberate conscious misrepresentation advisory committee notes fed rule evid describing rationale hearsay exception present sense impression similar rationale applies statement relating startling event getting run road made declarant stress excitement caused fed rule evid hearsay exception excited utterances unsurprisingly calls otherwise inadmissible hearsay often admitted grounds see binder hearsay handbook pp ed citing cases admitting calls present sense impressions calls admitted excited utterances indication tip even white contemporaneous observation criminal activity made stress excitement caused startling event considerations weigh favor caller veracity another indicator veracity caller use emergency system see brief respondent brief amicus curiae call features allow identifying tracing callers thus provide safeguards making false reports immunity see supra kennedy concurring case illustrates see supra calls recorded provides victims opportunity identify false tipster voice subject prosecution see cal penal code ann west makes telephon ing emergency line intent annoy harass punishable imprisonment fine see also west cum supp prohibits falsely reporting exists prohibits falsely reporting felony misdemeanor committed system also permits law enforcement verify important information caller federal communications commission fcc began require cellular carriers relay caller phone number dispatchers cfr fcc phase enhanced services requirements beginning carriers required identify caller geographic location increasing specificity phase ii enhanced service requirements although callers may ordinarily block call recipients obtaining identifying information fcc regulations exempt calls privilege ii emergency services exemption rule caller requests carrier may reveal caller number name none suggest tips calls per se reliable given foregoing technological regulatory developments however reasonable officer conclude false tipster think twice using system caller use system therefore one relevant taken together justified officer reliance information reported call even reliable tip justify investigative stop creates reasonable suspicion criminal activity may afoot terry must therefore determine whether caller report run roadway created reasonable suspicion ongoing crime drunk driving opposed isolated episode past recklessness see cortez investigatory stop must justified objective manifestation person stopped engaged criminal activity conclude behavior alleged caller viewed standpoint objectively reasonable police officer amount reasonable suspicion drunk driving ornelas stop therefore reasonable suspicion depends factual practical considerations everyday life reasonable prudent men legal technicians act commonsense approach appropriately recognize certain driving behaviors sound indicia drunk driving see people wells cal state prendergast haw cross ing center line highway almost caus ing several collisions state golotta driving back state walshire iowa driving median indeed accumulated experience thousands officers suggests sorts erratic behaviors strongly correlated drunk driving see nat highway traffic safety visual detection dwi motorists mar online http visited apr available clerk case file course traffic infractions imply intoxication unconfirmed reports driving without seatbelt slightly speed limit example tenuously connected drunk driving stop grounds alone constitutionally suspect reliable tip alleging dangerous behaviors discussed generally justify traffic stop suspicion drunk driving caller case reported minor traffic infraction conclusory allegation drunk reckless driving instead alleged specific dangerous result driver conduct running another car highway conduct bears great resemblance paradigmatic manifestations drunk driving dismissed isolated example recklessness running another vehicle road suggests problems decreased vigilance impaired judgment combination recognized drunk driving cues see visual detection dwi motorists experience many officers suggests driver almost strikes vehicle another object exact scenario ordinarily causes running another vehicle roadway likely intoxicated see result say officer acted unreasonably circumstances stopping driver whose alleged conduct significant indicator drunk driving petitioners attempts officer suspicion drunk driving unavailing true reported behavior might also explained example driver responding unruly child distraction brief petitioners consistently recognized reasonable suspicion need rule possibility innocent conduct arvizu absence additional suspicious conduct vehicle first spotted officer dispel reasonable suspicion drunk driving brief petitioners hardly surprising appearance marked police car inspire careful driving time cf arvizu supra lowing spotting law enforcement dispel reasonable suspicion criminal activity extended observation allegedly drunk driver might eventually dispel reasonable suspicion intoxication period case hardly sufficed regard course officer already reasonable suspicion need surveil vehicle length order personally observe suspicious driving see adams williams repudiating argument reasonable cause investigative stop based officer personal observation reasonable suspicion drunk driving arises reasonableness officer decision stop suspect turn availability less intrusive investigatory techniques sokolow particularly inappropriate context depart settled rule allowing drunk driver second chance dangerous conduct disastrous consequences iii like white close case case indicia caller reliability stronger held tip unreliable although indicia present different found sufficient white one way demonstrate particularized objective basis suspecting particular person stopped criminal activity cortez totality circumstances find indicia reliability case sufficient provide officer reasonable suspicion driver reported vehicle run another vehicle road made reasonable circumstances officer execute traffic stop accordingly affirm ordered scalia dissenting lorenzo prado navarette jose prado navarette petitioners california writ certiorari appeal california first appellate district april justice scalia justice ginsburg justice sotomayor justice kagan join dissenting california appeal case relied jurisprudence california adopted well courts effect anonymous uncorroborated tip regarding possibly intoxicated highway driver provides without reasonable suspicion necessary justify stop people wells cal see also wheat state walshire iowa today opinion explicitly adopt departure normal fourth amendment requirement anonymous tips must corroborated purports adhere prior cases florida alabama white deceived law enforcement agencies follow closely judgments matters identify new rule long caller identifies car anonymous claims single instance possibly careless reckless driving called support traffic stop concept sure framers people secure unreasonable searches seizures reverse judgment appeal california california highway patrol case knew nothing tipster whose word alone seized lorenzo josé prado navarette know know phone number address even know called may dialed neighboring county app tipster said truck run roadway police reason credit charge many reasons doubt beginning peculiar fact accusation anonymous liminating accountability ordinarily purpose anonymity mcintyre ohio elections scalia dissenting unnamed tipster lie impunity supra kennedy concurring anonymity especially suspicious respect call subject present case victim complain police arguably criminal act running victim road without giving identity accuse testify culprit caught question us agrees ante whether content information possessed police degree reliability white gave officers reasonable suspicion driver truck lorenzo committing ongoing crime source government information informant tip ask whether tip bears sufficient reliability establish particularized objective basis suspecting particular person stopped criminal activity cortez extreme case one anonymous tip found meet standard white supra reliability tip established fact predicted target behavior finest detail detail known someone familiar target business tipster said leave particular apartment building get brown plymouth station wagon broken right tail light drive immediately particular motel persons intimate knowledge hence knowledge unobservable fact woman carrying unlawful drugs plausible makes big deal fact tipster dead right fact silver ford truck license plate traveling south highway somewhere near mile marker everyone world saw car knowledge anyone wanted car stopped provide information unlike situation white generally available knowledge way makes plausible tipster saw car run someone road says ante reporting run road specific vehicle caller necessarily claimed eyewitness knowledge issue claimed know whether claimed know true claim eyewitness knowledge run road supports veracity amazing mystifying prediction far short existed white petitioners truck heading south highway finds reason think informant telling truth fact police observation confirmed truck driving near spot approximate time tipster alleged run road ante according statement therefore qualifies sense utterance kinds hearsay law deems categorically admissible given low likelihood reflecting conscious misrepresentation ibid quoting advisory committee notes fed rule evid says fairly suppose accusation true begin questionable whether either present sense impression excited utterance exception hearsay rule applies classic present sense impression recounting event occurring declarant eyes declarant speaking watching hindenburg explode see broun mccormick evidence ed hereinafter mccormick classic excited utterance statement elicited almost involuntarily shock declarant immediately witnessing god people killed see immediacy gives statement credibility declarant time dissemble embellish immediacy declarant time observe license number offending vehicle difficult task forced road vehicle speeding away bring car halt copy observed license number presumably using cell phone dial call police stopped car plenty time dissemble embellish moreover even assuming less true immediacy suffice hearsay exceptions apply tipster statement run additional barriers admissibility acceptance according advisory committee notes quotes cases addressing unidentified declarant present sense impression indicate hesitancy upholding statement alone sufficient proof reported event see also graham handbook federal evidence ed excited utterances well knotty theoretical question admissibility persists seemingly even declarant known mccormick courts taken position excited utterance admissible proof presented supports finding fact exciting event occur issue yet resolved federal rules omitted even unsettled whether excited utterances unknown declarant ever admissible leading treatise reports courts reluctant admit statements principally uncertainty foundational requirements including impact event declarant satisfied sum unlikely law evidence deem mystery caller case especially trustworthy ante finally least tenably says another indicator veracity anonymous tipster mere use emergency system ante see recent technological regulatory developments suggest identities unnamed callers increasingly less likely remain unknown ibid indeed systems able identify caller geographic location increasing specificity ibid amici disagree see brief national association criminal defense lawyers et al present case surely suggests amici right since know neither identity tipster even county call made assuming right ease identifying callers proves absolutely nothing present case unless anonymous caller aware fact tipster belief anonymity reality control behavior emphasis added reason believe average anonymous tipster aware callers readily ii said assumes anonymous caller made least effect accusation drunken driving fact said petitioners truck roadway app neither asserts driver drunk even raises likelihood driver drunk conveys truck apparently nontypical thing forced tipster roadway whether partly fully temporarily permanently really knows anything happened truck might swerved avoid animal pothole jaywalking pedestrian let us assume worst many possibilities careless reckless even intentional maneuver forced tipster road lorenzo might distracted use cell phone see strayer drews crouch comparison cell phone driver drunk driver human factors distracted intense sports argument josé see strayer et aaa foundation traffic safety measuring cognitive distraction automobile june online https visited apr available clerk case file indeed might intentionally forced tipster road personal animus hostility make love war bumper sticker fail see reasonable suspicion discrete instance irregular hazardous driving generates reasonable suspicion ongoing intoxicated driving proportion hundreds thousands perhaps millions careless reckless intentional traffic violations committed day attributable drunken drivers say percent basis except guesswork unless basis reality believe proportion many orders magnitude say least grounds unsupported assertion tipster report case gave rise reasonable suspicion drunken driving bear mind basis stop asserted stop required suspicion ongoing crime merely suspicion run someone road earlier driving careless reckless person unlike driving drunk person ongoing crime words order stop petitioners officers assume without basis accuracy anonymous accusation also posit unlikely reason drunkenness accused behavior sum moment police spotted truck merely possib le petitioners committing ongoing traffic crime arvizu emphasis added overwhelmingly likely iii gets worse turns police good reason first believe lorenzo driving drunk good reason last know concludes tip plus confirmation truck location produced reasonable suspicion truck still barreling dangerously drunkenly highway ante fact alas officers knew followed truck five minutes presumably see operated recklessly good police work anonymous tip enough support stop drunken driving terry ohio surely enough counsel observation truck see driven drunken driver pesky little detail left equation five minutes truck followed five minutes long time lorenzo driving irreproachable officers witnessed petitioners violate single traffic law cause stop truck whren case us driving irreproachable state offers evidence suggest petitioners even anything suspicious suddenly slowing pulling side road turning somewhere see whether followed cf arvizu supra concluding officer suspicion criminality enhanced driver upon seeing followed slowed dramatically appeared stiff seemed trying pretend patrol car consequently tip suggestion ongoing drunken driving deemed suggest went uncorroborated affirmatively undermined hypothetical variation facts case illustrates point suppose anonymous tipster reports following near mile marker silver ford license plate traveling southbound highway saw truck open cab several stacks unmistakably baled cannabis two minutes later highway patrolman spots truck exactly tip suggested begins following sees nothing truck cab enough say officer observation merely failed corroborate tipster accusation precise say officer observation discredited informant accusation crime supposedly occurring continue occur plain view police saw nothing similarly crime supposedly suggested tip ongoing intoxicated driving hallmarks many readily identifiable difficult conceal officers witnessed nary minor traffic violation sound indici um drunk driving ante strongly suggests suspected crime occurring tip implication continuing criminality already weak grew even weaker resisting line reasoning curiously asserts since drunk drivers see marked squad cars rearview mirrors may evade detection simply driving careful ly absence additional suspicious conduct hardly surprising thus largely irrelevant ante whether drunk driver drives drunkenly seems think understand influence alcohol subscribe traditional view dangers intoxicated driving intoxicant impairing effects body effects mere act resist see dasgupta science drinking alcohol affects body mind explaining effect blood alcohol content example sever impair ment alance speech hearing reaction time well one general ability drive motor vehicle consistent view take fundamental premise laws driver soused enough swerve expected swerve soon evidence first episode irregular driving mere inference uncorroborated vague nameless tip fourth amendment requires left alone opinion serves cocktail consisting two parts patent falsity anonymous reports traffic violations reliable long correctly identify car location single instance careless reckless driving necessarily supports reasonable suspicion drunkenness malevolent caller need assert traffic violation targeted car stopped forcibly necessary police driver turns drunk almost always case caller need fear consequences even knows identity never alleged drunkenness merely called traffic violation point word good victim drunken driving serious matter loss freedom come go please without police interference prevent detect murder allow searches without probable cause targeted terry stops without reasonable suspicion drunken driving either today opinion us road drug dealers risk freedom movement curtailed suspicion drunkenness based upon phone tip true false single instance careless driving respectfully dissent footnotes suppression hearing counsel petitioners dispute reporting party identified name call recording neither caller humboldt county dispatcher received call present hearing however prosecution introduce recording evidence prosecution proceeded treat tip anonymous lower courts followed suit see wl cal ct conclude call created reasonable suspicion ongoing crime need address circumstances stop justified need investigate completed criminal activity cf hensley footnotes indication tipster woman see app beyond detail must notes ante assume identity tipster unknown discussion reliable traceability little relevance present case one must surmise included merely assure officers future anonymous accusations even untraced ones suspect hence unreliable anonymous accusations unfortunate circumstances may justify stop terry ohio investigate past criminal activity far clear see hensley discussed litigation hence says need address question ante need either case litigated assumption suspicion ongoing intoxicated reckless driving supported stop