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State v. Crawford4/18/2003
ing factor was the detail provided by the tipster predicting the defendant's future behavior,
"because it demonstrated inside information--a special familiarity with respondent's affairs. The general public would have had no way of knowing that respondent would shortly leave the building, get in the described car, and drive the most direct route to Dobey's Motel . Because only a small number of people are generally privy to an individual's itinerary, it is reasonable for police to believe that a person with access to such information is likely to also have access to reliable information about that individual's illegal activities." 496 U.S. at 332.
The Supreme Court differentiated between easily obtained facts such as a vehicle description which existed at the time of the call and which could easily be obtained by anyone. Here, the tip provided only such information and was totally void of anything to conclude the tipster was honest, reliable, or that the tipster personally observed a criminal violation.
Here the majority, with nothing more than the statement that a driver was "driving recklessly," concludes that Crawford violated K.S.A. 8-1567. Further, such violation was corroborated based upon the officer finding a matching vehicle, and such match made it apparent the tipster personally observed the violation. Such easily obtained fact corroborated nothing more than Crawford was driving a black Dodge Dakota pickup with Oklahoma tags northbound on U.S. Highway 169. The bottom line is that the tip lacked any indicia of reliability or content that would support a "Terry Stop" of Crawford's vehicle. I suggest that the majority has lost sight of the court's responsibility to ensure that vehicle stops are carried out only in accordance with constitutional principle. In my view, the majority decision in Slater resulted from the use of blue smoke and mirrors and a retreat from that decision would be warranted. I would affirm the district court and the Court of Appeals.
LUCKERT, J., joins in the foregoing dissent.
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