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State v. Crawford4/18/2003
This is an interlocutory appeal of a district court's order suppressing all evidence in a case concerning the defendant's third offense of driving under the influence of alcohol (DUI), a felony under K.S.A. 2000 Supp. 8-1567. The evidence had been obtained during a vehicle stop prompted by an anonymous tip. The Court of Appeals affirmed the district court's decision, and we granted the State's petition for review in accordance with K.S.A. 20-3018 (b).
The sole issue on appeal is whether the district court correctly ruled that the anonymous tip failed to provide an adequate basis to justify the stop and detention, requiring suppression of the evidence. More specifically, the question is whether a stop is legal when it is based upon an anonymous tip stating a vehicle's make, model, style, color, the state of origin of its license plate, highway location, and direction of travel all of which was corroborated by the law enforcement officer before the stop and also stating the conclusory allegation that the vehicle was being driven recklessly, which the officer did not attempt to corroborate before the stop. We hold the district court erred in holding the stop was illegal. We therefore reverse the district court and the Court of Appeals and remand for trial.
FACTS
In the early afternoon of Friday, August 18, 2000, Johnson County Sheriff's Deputy Mark Leiker was on patrol south of the Kansas City metropolitan area, near Spring Hill, Kansas. At approximately 2 p.m., he received a call from Sheriff's dispatch. Deputy Leiker described the events that followed during a preliminary hearing held July 13, 2001.
[Leiker]: "Sheriff's dispatch called for a Spring Hill unit to respond to the area of approximately 207th, 215th and U.S. 169 reference a reckless driver.
[State]: "When you heard that call go out, what did you do?
[Leiker]: "I proceeded in that direction because I had heard Spring Hill's response that they did not have an officer available.
[State]: "And did you place yourself in a certain location based on that call?
[Leiker]: "Yes, I did. I parked my vehicle on the shoulder of the roadway at approximately 207th and 169 Highway.
[State]: "207th and 169 Highway, is that in Johnson County, Kansas?
[Leiker]: "Yes, it is.
[State]: "And while you were at this - - first of all, about what time was this that you responded and put yourself in that location?
[Leiker]: "Approximately 1:2- - correction 1:45, two o'clock.
[State]: "And as you were at that location, did you observe anything?
[Leiker]: "Yes, I did. The vehicle that was described by Sheriff's dispatch passed me.
[State]: "And what was the description of the vehicle that was given to you prior to seeing it?
[Leiker]: "Okay. Dispatch advised and said it was a black Dodge pickup truck with Oklahoma plates on it.
[State]: "Did they indicate the direction of travel of the vehicle?
[Leiker]: "They said it was northbound.
[State]: "And the vehicle that passed you can you describe it?
[Leiker]: "It was a black Dodge Dakota pickup truck with Oklahoma plates on it.
[State]: "After it passed by you, what did you do?
[Leiker]: "As soon as it passed I activated my emergency equipment and made a traffic stop.
[State]: "Now, Deputy, why was it that you decided to stop the vehicle without following it for a distance?
[Leiker]: "Because the call came out as a reported reckless driver and the area of County Line and 169 Highway has
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