Government
Aug. 16, 2002
Anonymous Tip Wasn't Enough, Panel Says
LOS ANGELES - In a ruling attorneys said could influence the war on terrorism, an appeal court has reversed the Los Angeles marijuana conviction of a man stopped and searched because of a phone call from an anonymous tipster.
Following the lead of a 2000 U.S. Supreme Court decision, the 2nd District Court of Appeal held that an unsupported, anonymous tip was not enough to permit sheriff's deputies to search Jose Saldana's car as he drove away from a Rosemead restaurant in June 2001. People v. Saldana, 2002 DJDAR 9313 (Cal. App. 2nd Dist., July 25, 2002).
"The ... stop that led directly to the search of the vehicle and seizure of the evidence was not justified, because the anonymous tip was uncorroborated by any observations or information available to the deputies," Justice Charles S. Vogel wrote for the three-judge panel. Justices Daniel A. Curry and Norman L. Epstein concurred.
Saldana's lawyer, Allen G. Weinberg, praised the court for striking a blow for personal freedom. The ruling was particularly welcome because of the loss of liberties in the wake of the Sept. 11 terrorist attacks, he suggested.
"Particularly after September 11, our personal liberties and our personal freedoms are constantly being eroded," Weinberg said. "This decision makes it clear that the Supreme Court's holding in Florida v. JL applies in the state of California, in that an anonymous tip without supportive, corroborative information is not a valid reason to stop and search a private citizen."
Deputy Attorney General Carl Henry, who argued the case, said the attorney general's office was considering a further appeal.
"I think we're living in an era, after September 11, where tipping is something that's going to be on the rise," Henry said. "And despite that issue, we just think that the Court of Appeal is wrong - respectfully so, but wrong."
The court issued its ruling July 25, but published the opinion Tuesday at Weinberg's request. It noted the U.S. Supreme Court, in Florida v. J.L. (2000) 529 U.S., had ruled that evidence police seized after an anonymous tip was not admissible because the tip had not given the police enough reason to conduct a search.
The case began June 11, 2001, when sheriff's deputies received an anonymous pay-phone call that a gray Ford Taurus station wagon with a license ending in the numbers 319 was parked outside a Rosemead restaurant. The anonymous tipster said that the driver of the station wagon was carrying "a gun and a kilo of cocaine," according to the opinion.
Sheriff's Deputy Patrick Larson found the station wagon and ran the license plate number. He discovered that the car owner, Saldana, had the same address as another man for whom there was an outstanding warrant.
Larson staked out the car for an hour. When Saldana drove out of the restaurant, Larson called for backup and pulled him over. Larson then performed a "felony extraction," telling Saldana to throw his keys out the car window, back out of the car and kneel on the ground.
Saldana denied having a gun but granted permission to search his station wagon. No cocaine and no gun were found, but the deputies smelled marijuana, and later uncovered baggies of pot and methamphetamine, according to the opinion.
Saldana pleaded no contest to marijuana transportation charges after Los Angeles County Superior Court Judge C. Edward Simpson refused to suppress the evidence.
The case will go back to the trial court, where Saldana will have a chance to withdraw his plea because the seized drugs can no longer be used against him.
Katherine Gaidos
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