Criminal Procedure

Anonymous Tip


Anonymous tips alone cannot establish probable cause, but they can when combined with the totality of the circumstances. Especially important in such determinations are whether the informant is credible—likely to be telling the truth—and reliable—likely to have knowledge. Thus, the veracity of the informant and his basis of knowledge should be analyzed.

Note that just because an anonymous tip turned out to be true does not mean that it was credible. The totality of the circumstances must establish probable cause before conducting the search, not after. This can be done by corroborating parts of a tip that do not require infringing upon one's reasonable expectation of privacy.