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32 Touro L. Rev. 807 (2016)
The Big Picture View of Anonymous Tips from Ordinary People

handle is hein.journals/touro32 and id is 833 raw text is: THE BIG PICTURE VIEW OF ANONYMOUS TIPS FROM ORDINARY PEOPLE COURT OF APPEALS OF NEW YORK People v. Argyris' (decided November 25, 2014) I. INTRODUCTION The Fourth Amendment guarantees [t]he right of the people to be secure in their persons . . . against unreasonable searches and seizures.2 The purpose is to protect individuals from being searched or arrested based upon mere suspicion or a rumor.3 A search or sei- zure is reasonable, and therefore constitutional, when law enforce- ment has reasonable suspicion or probable cause. Courts throughout the country have been faced with the issue of whether anonymous tips that lead police to conduct a stop and frisk could be deemed constitutional.4 Anonymous tips can create a cause for concern when the informant uses law enforcement in an attempt to harass, black- mail, or embarrass a potential defendant. This Case Note will discuss the issue presented to the New York State Court of Appeals in People v. Agryris-whether there was reasonable suspicion, to justify the search and seizure of the defend- ant's vehicle and firearm on the basis of an anonymous 911 phone call. This Note will recommend that New York adopt a practical, to- tality of the circumstances approach used by a majority of the states.' Section II will discuss the facts and procedural background of Ag- 1 27 N.E.3d 425 (N.Y. 2014). 2 U.S. CONST. amend. IV. 3 People v. Elwell, 406 N.E.2d 471, 480 (N.Y. 1980) (Jasen, J., dissenting). 4 Illinois v. Gates, 462 U.S. 213 (1983); Alabama v. White, 496 U.S. 325, 330 (1990); Florida v. J.L., 529 U.S. 266 (2000); People v. Moore, 847 N.E.2d 1141 (N.Y. 2006); People v. Rios, 898 N.Y.S.2d 797 (Sup. Ct. Kings Cty. 2010). 5 See infra note 244 (stating that only six states, including New York, apply the Aguilar- Spinelli test). 807

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