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State v. Ludes9/8/2000
ype of tip involved; the second factor is the detail given about the observed criminal activity; and the third factor is whether the officer's personal observations corroborated the information supplied in the tip. 267 Kan. at 700.
In this case, the dispatcher gave Corcoran the information received from an anonymous caller whose veracity could not be established. However, anonymous tips may support a lawful traffic stop if the information given is detailed and then corroborated by subsequent officer observation. See 267 Kan. at 702-03.
The second factor is the detail given by the caller about the observed activity. According to Corcoran's testimony, the caller stated there was "a person on a motorcycle, approximately one-eighth of a mile south of U.S. 50 on Prairie Lake Road and that the person on the motorcycle appeared to be injecting something into his arm with a needle."
The criteria among jurisdictions on what constitutes sufficient details varies greatly. Some courts allow conclusive statements while others require specific facts which support the caller's criminal allegations. See Slater, 267 Kan. at 704-05. In this case, the caller stated a person appeared to be injecting something into his arm with a needle. Possession of drug paraphernalia, such as syringes to be used to inject controlled substances, is prohibited criminal conduct. K.S.A. 1999 Supp. 65-4152. But based upon the caller's scant information, we do not believe it is reasonable to infer the person referred to by the caller was engaged in criminal behavior. Further, the caller did not provide a description of the person, the clothing the person was wearing, the type of motorcycle the person was riding, or how long and under what conditions the caller was able to observe the alleged criminal behavior. As a matter of fact, it is not clear from Corcoran's testimony that the anonymous caller actually made a first-hand observation of the cyclist. We believe such information is necessary to support the caller's veracity.
The third factor is whether the officer's personal observations corroborate the information supplied in the tip. The trial court found Corcoran confirmed a person on a motorcycle was found in the area the caller described, thereby verifying two of the three statements made by the caller. Corcoran testified he observed Ludes operating the motorcycle and did not observe any erratic or reckless driving. He testified Ludes failed to signal a turn but that was not uncommon in that part of the county. The failure to signal provides authority for an officer to make a lawful traffic stop, but the State did not make this argument, and the court did not use the infraction as a basis for its findings.
We conclude under the factors set forth in Slater, Corcoran did not have the requisite reasonable suspicion to stop Ludes.
Public Safety Stop
A criminal infraction is not always necessary to justify a vehicle stop. "Safety reasons alone may justify the stop, if the safety reasons are based upon specific and articulable facts." (Emphasis added.) Vistuba, 251 Kan. at 824.
Corcoran testified he had concerns Ludes may have been injecting insulin. Corcoran testified his wife is a diabetic, and he has personal knowledge of the effects of not following an insulin routine. However, he testified his concern regarding possible criminal activity was paramount. Under such circumstances, we seriously question whether the public safety exception should even come into play. See Cady v. Dombrowski, 413 U.S. 433, 441, 37 L. Ed. 2d 706, 93 S. Ct. 2523 (1973) (requiring exigent circumstances to support the "community caretaking functions").
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