AN E-BULLETIN
LEGAL INFORMATION INSTITUTE -- CORNELL LAW SCHOOL
lii@lii.law.cornell.edu
The following decisions have just arrived via the LII's direct Project HERMES feed from the Supreme Court.
These are not the decisions themselves nor excerpts from them,but summaries (syllabi) prepared by the Court's Reporter of Decisions. Instructions for accessing the full text of any of these decisions are provided at the end of this bulletin, as are
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=============================================FLORIDA v. J. L. (98-1993)
Web-accessible at:
http://supct.law.cornell.edu/supct/html/98-1993.ZS.html
Argued February 29, 2000 -- Decided March 28, 2000
Opinion author: Ginsburg
=============================================
After an anonymous caller reported to the Miami-Dade Police that a young black male standing at a particular bus stop and
wearing a plaid shirt was carrying a gun, officers went to the bus stop and saw three black males, one of whom, respondent J.
L., was wearing a plaid shirt. Apart from the tip, the officers had no reason to suspect any of the three of illegal
conduct. The officers did not see a firearm or observe any unusual movements. One of the officers frisked J. L. and
seized a gun from his pocket. J. L., who was then almost 16, was charged under state law with carrying a concealed firearm
without a license and possessing a firearm while under the age of 18. The trial court granted his motion to suppress the gun
as the fruit of an unlawful search. The intermediate appellate court reversed, but the Supreme Court of Florida quashed that
decision and held the search invalid under the Fourth Amendment.
Held: An anonymous tip that a person is carrying a gun is not,without more, sufficient to justify a police officer's stop and frisk of that person. An officer, for the protection of himself and others, may conduct a carefully limited search for
weapons in the outer clothing of persons engaged in unusual conduct where, inter alia, the officer reasonably concludes in
light of his experience that criminal activity may be afoot and that the persons in question may be armed and presently
dangerous. Terry v. Ohio, 392 U.S. 1, 30. Here, the officers' suspicion that J. L. was carrying a weapon arose not from their
own observations but solely from a call made from an unknown location by an unknown caller. The tip lacked sufficient
indicia of reliability to provide reasonable suspicion to make a Terry stop: It provided no predictive information and therefore left the police without means to test the informant's knowledge or credibility. See Alabama v. White, 496 U.S. 325,
327. The contentions of Florida and the United States as amicus that the tip was reliable because it accurately
described J. L.'s visible attributes misapprehend the reliability needed for a tip to justify a Terry stop. The reasonable suspicion here at issue requires that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person. This Court also
declines to adopt the argument that the standard Terry analysis should be modified to license a "firearm exception," under
which a tip alleging an illegal gun would justify a stop and frisk even if the accusation would fail standard pre-search
reliability testing. The facts of this case do not require the Court to speculate about the circumstances under which the
danger alleged in an anonymous tip might be so great--e.g., a report of a person carrying a bomb--as to justify a search even
without a showing of reliability.
727 So. 2d 204, affirmed.
Ginsburg, J., delivered the opinion for a unanimous Court.
Kennedy, J., filed a concurring opinion, in which Rehnquist, C.
J., joined.
LEGAL INFORMATION INSTITUTE -- CORNELL LAW SCHOOL
lii@lii.law.cornell.edu
The following decisions have just arrived via the LII's direct Project HERMES feed from the Supreme Court.
These are not the decisions themselves nor excerpts from them,but summaries (syllabi) prepared by the Court's Reporter of Decisions. Instructions for accessing the full text of any of these decisions are provided at the end of this bulletin, as are
instructions for subscribing in the event that this bulletin has been given you by a colleague and you'd like a subscription of your own.
=============================================FLORIDA v. J. L. (98-1993)
Web-accessible at:
http://supct.law.cornell.edu/supct/html/98-1993.ZS.html
Argued February 29, 2000 -- Decided March 28, 2000
Opinion author: Ginsburg
=============================================
After an anonymous caller reported to the Miami-Dade Police that a young black male standing at a particular bus stop and
wearing a plaid shirt was carrying a gun, officers went to the bus stop and saw three black males, one of whom, respondent J.
L., was wearing a plaid shirt. Apart from the tip, the officers had no reason to suspect any of the three of illegal
conduct. The officers did not see a firearm or observe any unusual movements. One of the officers frisked J. L. and
seized a gun from his pocket. J. L., who was then almost 16, was charged under state law with carrying a concealed firearm
without a license and possessing a firearm while under the age of 18. The trial court granted his motion to suppress the gun
as the fruit of an unlawful search. The intermediate appellate court reversed, but the Supreme Court of Florida quashed that
decision and held the search invalid under the Fourth Amendment.
Held: An anonymous tip that a person is carrying a gun is not,without more, sufficient to justify a police officer's stop and frisk of that person. An officer, for the protection of himself and others, may conduct a carefully limited search for
weapons in the outer clothing of persons engaged in unusual conduct where, inter alia, the officer reasonably concludes in
light of his experience that criminal activity may be afoot and that the persons in question may be armed and presently
dangerous. Terry v. Ohio, 392 U.S. 1, 30. Here, the officers' suspicion that J. L. was carrying a weapon arose not from their
own observations but solely from a call made from an unknown location by an unknown caller. The tip lacked sufficient
indicia of reliability to provide reasonable suspicion to make a Terry stop: It provided no predictive information and therefore left the police without means to test the informant's knowledge or credibility. See Alabama v. White, 496 U.S. 325,
327. The contentions of Florida and the United States as amicus that the tip was reliable because it accurately
described J. L.'s visible attributes misapprehend the reliability needed for a tip to justify a Terry stop. The reasonable suspicion here at issue requires that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person. This Court also
declines to adopt the argument that the standard Terry analysis should be modified to license a "firearm exception," under
which a tip alleging an illegal gun would justify a stop and frisk even if the accusation would fail standard pre-search
reliability testing. The facts of this case do not require the Court to speculate about the circumstances under which the
danger alleged in an anonymous tip might be so great--e.g., a report of a person carrying a bomb--as to justify a search even
without a showing of reliability.
727 So. 2d 204, affirmed.
Ginsburg, J., delivered the opinion for a unanimous Court.
Kennedy, J., filed a concurring opinion, in which Rehnquist, C.
J., joined.