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26 Harv. C.R.-C.L. L. Rev. 219 (1991)
Anonymous Tips, Investigatory Stops and Inarticulate Hunches - Alabama v. White, 110 S. Ct. 2412 (1990)

handle is hein.journals/hcrcl26 and id is 225 raw text is: RECENT DEVELOPMENTS ANONYMOUS TIPS, INVESTIGATORY STOPS AND INAR- TICULATE HUNCHES-Alabama v. White, 110 S. Ct. 2412 (1990) Dissenting in United States i'. Leon,' Justice Brennan wrote that the rights guaranteed in the Fourth Amendment 'are not mere second-class rights but belong in the catalog of indispensable freedoms' .... Once lost, such rights are difficult to recover.'2 In light of the widespread dismemberment of the Warren Court's fourth amendment precedents,3 the converse of Justice Brennan's observation is equally true: once gained, such rights are easy to lose. The steady erosion of fourth amendment protections contin- ued unabated in the Court's most recent Term. In Supreme Court decisions involving the plain view exception to the warrant re- quirement,4 the proper scope of a home search subsequent to the arrest of a suspect,5 the authority to consent to the search of a '468 U.S. 897 (1984). 2 Id. at 959-60 (Brennan, J., dissenting) (quoting Jackson, J., dissenting in Brinegar v. United States, 338 U.S. 160, 180 (1949)). 3 See, e.g., Skinner v. Railway Labor Executives' Ass'n, 109 S. Ct. 1402 (1989) (upholding warrantless drug testing of railroad employees not based on individualized suspicion); California v. Greenwood, 486 U.S. 35 (1988) (no reasonable expectation of privacy in garbage left for collection); New Jersey v. T.L.O., 469 U.S. 325 (1985) (upholding full-scale search of student by school officials based on reasonableness of search); Nix v. Williams, 467 U.S. 431 (1984) (fruit of poisonous tree doctrine did not bar use of evidence derived from a constitutional violation if such evidence would ultimately or inevitably have been discovered through lawful police investigatory work without regard to that violation); Oliver v. United States, 466 U.S. 170 (1984) (police inspection of open fields does not infringe upon legitimate expectation of privacy); United States v. Leon, 468 U.S. 897 (1984) (fourth amendment does not bar evidence seized upon officer's good faith reliance on a facially valid search warrant subsequently found to be defective); Illinois v. Gates, 462 U.S. 213 (1983) (partially corroborated anonymous tip, evaluated in light of the totality of the circumstances, established probable cause for issuance of a search warrant). 4 See Horton v. California, 110 S. Ct. 2301 (1990) (widely-accepted inadvertent dis- covery requirement of plain-view seizures abandoned). 5 See Maryland v. Buie, 110 S. Ct. 1093 (1990) (protective sweep of basement after defendant had been arrested and handcuffed upheld when police officers had objective belief that area searched harbored individual posing danger to those on the arrest scene).

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