Rivera

People v. Rivera

Bad Law
2007 Cal. LEXIS 5920·41 Cal. 4th 304·59 Cal. Rptr. 3d 473·159 P.3d 60
Supreme Court of CaliforniaJune 14, 2007S138898California2,735 words

Opinion

Opinion

Corrigan, J.

The question presented in this People’s appeal is whether the Fourth Amendment requires police officers to corroborate an anonymous tip before contacting the occupant of a residence and seeking consent to enter and search. We conclude it does not and reverse the judgment of the Court of Appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 20, 2004, around 3:25 p.m., Officer Scott Hunter received a radio report of an'anonymous tip that “Juan Rivera,” who may have had an outstanding warrant, was at an address in Oceanside. Hunter did not run a records check on the name or seek any other automated information about Rivera or the address provided by the tipster. Hunter and his partner went to the address and spoke with Maria Ortega, who identified herself as the homeowner. Hunter testified that he asked Ortega if she knew Juan Rivera, but he could not recall her answer. Ortega told Hunter to “come inside.” At Hunter’s request, Ortega consented to a search of her residence.

The officers found defendant in the backyard, sitting in a small doorless shed. Standing at the opening of the shed, Officer Hunter asked defendant’s name. Defendant replied he was Juan Rivera. When…

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