State v. Johnson, 204 N.C. App. 259 (Jun. 1, 2010)

An anonymous tip lacked a sufficient indicia of reliability to justify the warrantless stop. The anonymous tip reported that a black male wearing a white t-shirt and blue shorts was selling illegal narcotics and guns at the corner of Pitts and Birch Streets in the Happy Hill Garden housing community. The caller said the sales were occurring out of a blue Mitsubishi, license plate WT 3456. The caller refused to provide a name, the police had no means of tracking him or her down, and the officers did not know how the caller obtained the information. Prior to the officers’ arrival in the Happy Hill neighborhood, the tipster called back and stated that the suspect had just left the area, but would return shortly. Due to construction, the neighborhood had only two entrances. Officers stationed themselves at each entrance and observed a blue Mitsubishi enter the neighborhood. The car had a license plate WTH 3453 and was driven by a black male wearing a white t-shirt. After the officers learned that the registered owner’s driver’s license was suspended, they stopped the vehicle. The court concluded that while the tip included identifying details of a person and car allegedly engaged in illegal activity, it offered few details of the alleged crime, no information regarding the informant’s basis of knowledge, and scant information to predict the future behavior of the alleged perpetrator. Given the limited details provided, and the officers’ failure to corroborate the tip’s allegations of illegal activity, the tip lacked sufficient indicia of reliability to justify the warrantless stop. The court noted that although the officers lawfully stopped the vehicle after discovering that the registered owner’s driver’s license was suspended, because nothing in the tip involved a revoked driver’s license, the scope of the stop should have been limited to a determination of whether the license was suspended.