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State v. Sousa8/26/2004
timony of Trooper Lencki, the trial court made the following findings: (1) the anonymous caller had no established track record of accurate tips to bolster his allegations; (2) the caller had some basis for knowledge since he was able to describe the color and type of vehicle, the license plate number and the location and bearing of the vehicle; (3) it is unclear whether the caller personally saw the alleged driving; and (4) the allegation that the vehicle was "all over the road" was too "general in nature." The trial court then concluded that, based upon the totality of the circumstances, the stop of the defendant's vehicle was not supported by reasonable suspicion.
Although the trial court addressed a number of the factors set out above, the relative weight the court afforded those factors is unclear. In applying the totality of the circumstances test, the above four factors generally deserve significant weight. Other factors, such as the trial court's finding that the anonymous caller had no established track record of accurate tips, may be less important to the analysis.
Today we have provided a comprehensive analytical framework for evaluating whether an anonymous tip gives rise to reasonable suspicion to justify an investigatory stop. We have identified certain factors as integral to applying the totality of the circumstances test in these situations. Because the trial court did not have the benefit of our analysis and it is not clear the weight the trial court afforded to the various factors, we remand for a determination as to whether the anonymous tip satisfies the totality of the circumstances test given the factors identified above. Remanding to the trial court is especially appropriate in situations like this where the application of the test involves a fact-intensive inquiry. Cf. Verizon New England v. City of Rochester, 151 N.H. ___, ___ (decided July 16, 2004) (remanding for application of test by the trial court in the first instance).
Because the Federal Constitution affords no greater protection in this context, we reach the same conclusion under the Federal Constitution as we do under the State Constitution. See Wheat, 278 F.3d at 731-37; Melanson, 140 N.H. at 201-03.
Vacated and remanded.
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