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85 Tul. L. Rev. 831 (2010-2011)

handle is hein.journals/tulr85 and id is 837 raw text is: COMMENTS Could You? Should You? Floida v IL.: Danger Dicta, Drunken Bombs, and the Universe of Anonymity Chris La Tronica* Recently the United States Supreme Court passed on a chance to consider the legitimacy ofinvestigatory stops based on uncorroborated anonymous tips ofdrunk driving, preferng this issue contmue to fermentin the lower courts When facig this issue, some lower couts seize the opportunity to carve out a drunk-drivig exception to the Fourth Amendment based on danger dicta found in Florida v. J.L. Other courts hold fast to the corroboration requirement for anonymous informants in Alabama v. White. This Comment considers whether both approaches fail to take full advantage of existig Fourth Amendment juisprudence so that police can effectively manage the dangers posed by dunk drivers without further erodng Fourth Amendment protections. Rather than polarize informants as either kmown or anonymous, there is a third classification of informants that are just distinct enough to provide reasonable suspicion for investigatory stops. As Justice Kennedyk concurnng opinion in J.L. argued these quasi-known/quasi-anonymous informants mght be anonymous in some sense yet have certain other features, either supportigreliability or narrowing the likely class ofimformants, so that the tip does provide the lawful basis for some police action. I. INTRODUCTION. ............................... ......832 II. SUPREME COURT FOURTH AMENDMENT INVESTIGATORY STOP AND INFORMANT JURISPRUDENCE............. ..... 834 III. THE UNIVERSE OF ANONYMITY AND THE JL. FRAMEWORK FOR DETERMINING WHETHER ANONYMOUS TIPS PROVIDE REASONABLE SUSPICION To CONDUCT AN INVESTIGATORY STOP ............................................. 838 A. J.L. FrameworkforDetermhinng Whether Anonymous Tips Provide Reasonable Suspicion To Conduct an Investgatory Stop....... .... ...... 838 B. The Universe ofAnonymity ...................840 IV APPLICATION OF IL. FRAMEWORK TO LOWER COURT DECISIONS ADDRESSING ANONYMOUS TIPS OF DRUNK DRIVING ............................... ................. 844 A. Application ofJ.L. Fmework to United States v. Wheat ................................. 845 * 0 2011 Chris La Tronica. J.D. candidate 2011, Tulane University School of Law; M.Sc. 2006, London School of Economics & Political Science; B.A. 2005, Skidmore College. Many thanks to Peter and Kathy for their support, the members of the Law Review for their help, and to Nicole for being you. 831

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