State v. Urioste, 52 P.3d 964 (N.M. 2002). · Go Syfert
State v. Urioste, 52 P.3d 964 (N.M. 2002). Cases Citing This Book View Copy Cite
650 citation events (650 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Tipton (nmctapp, 2025-06-12)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Tipton (2×)
N.M. Ct. App. · 2025 · confidence medium
Urioste, 2002-NMSC-023, ¶ 10 (internal quotation marks and citation omitted). {13} In light of the above principles, we turn to the instant case.
discussed Cited as authority (rule) State v. Vasquez-Salas
N.M. · 2023 · confidence medium
Reasonable suspicion 10 exists when the officer becomes “aware of specific articulable facts that, judged 11 objectively, would lead a reasonable person to believe criminal activity occurred or 12 was occurring.” State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 13 (internal quotation marks and citation omitted).
examined Cited as authority (rule) State v. Granados (3×) also: Cited "see"
N.M. · 2023 · confidence medium
“Police officers possess reasonable suspicion when they are aware of specific articulable facts that, judged objectively, would lead a reasonable person to believe criminal activity occurred or was occurring.” Urioste, 2002-NMSC-023, ¶ 6 (internal quotation marks and citation omitted).
discussed Cited as authority (rule) State v. Granados (2×) also: Cited "see"
N.M. · 2023 · confidence medium
In the absence of this explanation, we cannot conclude that these facts 7 were objectively suggestive of illegal conduct. 8 {37} We acknowledge that “[a] reasonable suspicion of criminal activity can arise 9 from wholly lawful conduct.” Urioste, 2002-NMSC-023, ¶ 10 (internal quotation 10 marks and citation omitted).
discussed Cited as authority (rule) State v. Cunningham
N.M. Ct. App. · 2016 · confidence medium
See Neal, 2007-NMSC-043, ¶ 28 (stating that 2 “our reasonable suspicion determination requires us to assess the totality of the 3 circumstances and precludes . . . a divide-and-conquer analysis in which we view each 4 individual factor or circumstance in a vacuum.” (omission in original) (alteration, 5 internal quotation marks, and citation omitted)); Urioste, 2002-NMSC-023, ¶ 10 (“A 6 reasonable suspicion of criminal activity can arise from wholly lawful conduct.” 7 (internal quotation marks and citation omitted)). 8 Defendant Has Failed to Make a Prima Facie Showing of Ineffective …
discussed Cited as authority (rule) State v. Tommie
N.M. Ct. App. · 2013 · confidence medium
Arguably, the 2 district court’s determination of lack of reasonable suspicion in this case is even more 3 compelling, because under our standard of review we defer to the district court’s 4 factual interpretation of the ambiguity found in the phrase “fight in progress.” See 5 Urioste, 2002-NMSC-023, ¶ 6 (viewing facts on appeal in a manner most favorable 6 to the prevailing party where substantial evidence supports the findings). 7 {8} Also, in considering the reasonableness of the officer’s actions, “we should ask 8 ourselves what other actions a reasonable officer would be expe…
discussed Cited as authority (rule) State v. Chavez
N.M. Ct. App. · 2013 · confidence medium
Rule 12-213 (A)(4) NMRA (stating that an appellant’s brief 9 “shall set forth a specific attack on any finding, or such finding shall be deemed 10 conclusive”); State v. Urioste, 2002-NMSC-023, ¶ 2 , 132 N.M. 592 , 52 P.3d 964 11 (indicating that the trial court’s findings are conclusive when not attacked on appeal). 12 {17} Defendant’s first substantive assertion of the right to speedy trial was in his 13 motion to dismiss, filed on March 24, 2009.
discussed Cited as authority (rule) State v. Clayton
N.M. Ct. App. · 2012 · confidence medium
Given the lack of reasonable 16 suspicion to make the initial seizure, we hold that Defendant’s motion to suppress was 17 properly granted. 18 CONCLUSION 19 Viewing the facts that were before the district court in the light most favorable 10 1 to its decision to grant Defendant’s motion to suppress, we affirm the district court. 2 See Urioste, 2002-NMSC-023, ¶ 6 (viewing facts on appeal in a manner most 3 favorable to the prevailing party where substantial evidence supports the findings). 4 IT IS SO ORDERED. 5 ________________________________ 6 JAMES J.
examined Cited as authority (rule) State v. Prince (4×) also: Cited "see"
N.M. Ct. App. · 2004 · confidence medium
Id. ¶¶ 12, 17; see Taylor, 1999-NMCA-022, ¶ 8 , 126 N.M. 569 , 973 P.2d 246 (presuming crime victim or witness tips are reliable). {14} We observe that a reliable tip often has two components: “the crucial part of the informant’s story[] i.e., allegations that criminal activity has occurred and that evidence pertaining thereto will be found in the location to be searched”; and “by specific indicia of reliability, for example the correct forecast of a subject’s not easily predicted movements.” Urioste, 2002-NMSC-023, ¶¶ 9, 12 , 132 N.M. 592 , 52 P.3d 964 (internal quotation mar…
discussed Cited as authority (rule) State v. Lowe
N.M. Ct. App. · 2004 · confidence medium
State v. Urioste, 2002-NMSC-023, ¶¶ 6, 10 , 132 N.M. 592 , 52 P.3d 964 ; see also United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002) (reaffirming the totality of the circumstances test for reasonable suspicion).
discussed Cited "see" State v. Billey (2×)
N.M. Ct. App. · 2025 · signal: see · confidence high
See State v. Urioste, 2002-NMSC- 3 023, ¶ 6, 132 N.M. 592 , 52 P.3d 964 (recognizing that appellate courts do not resolve 4 factual questions). 5 CONCLUSION 6 {26} We reverse and remand for further proceedings consistent with this opinion. 7 {27} IT IS SO ORDERED. 8 ____________________________ 9 ZACHARY A. IVES, Judge 10 WE CONCUR: 11 ___________________________________ 12 SHAMMARA H.
examined Cited "see" State v. Arias (3×)
N.M. Ct. App. · 2025 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (“As a reviewing [C]ourt we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”).
examined Cited "see" State v. North (3×)
N.M. Ct. App. · 2025 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 12 , 132 N.M. 592 , 52 P.3d 964 (stating that “anonymous tips are generally less reliable than tips from known informants and can form the basis for reasonable suspicion only if accompanied by specific indicia of reliability” (internal quotation marks and citation omitted)). addition to other incidents of coming and going traffic, the officer’s suspicion that Defendant had engaged in a drug transaction was based on more than just a hunch.
cited Cited "see" State v. Padilla
N.M. Ct. App. · 2024 · signal: see · confidence high
See id.
examined Cited "see" Franklin v. N.M. Corr. Dep't Gen. Counsel (3×)
N.M. Ct. App. · 2023 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (stating that the district court is in the best position to resolve fact and credibility issues). {6} For the reasons set forth above, we affirm. {7} IT IS SO ORDERED.
examined Cited "see" City of Las Cruces v. Carbajal (3×)
N.M. Ct. App. · 2023 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (“As a reviewing court we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”).
examined Cited "see" City of Las Cruces v. Carbajal (3×)
N.M. Ct. App. · 2023 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023 , 3 ¶ 6, 132 N.M. 592 , 52 P.3d 964 (“As a reviewing court we do not sit as a trier of 4 fact; the district court is in the best position to resolve questions of fact and to 5 evaluate the credibility of witnesses.”).
examined Cited "see" State v. Sisneros (3×)
N.M. Ct. App. · 2021 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (stating that the district court is in the best position to resolve fact and credibility issues).
discussed Cited "see" State v. Sena (2×)
N.M. Ct. App. · 2020 · signal: see · confidence high
See State v. Urioste, 2002- NMSC-023, ¶ 6, 132 N.M. 592 , 52 P.3d 964 (“As a reviewing court we do not sit as a trier of fact; the [factfinder] is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”). {6} For the reasons set forth above, we affirm. {7} IT IS SO ORDERED.
examined Cited "see" State v. Gabaldon (3×)
N.M. Ct. App. · 2018 · signal: see · confidence high
See State v. Robbs, 2006-NMCA-061, ¶ 20 , 139 N.M. 569 , 136 P.3d 570 . 8 In assessing the totality of the circumstances, “police officers may draw on their own 9 experience and specialized training to make inferences from and deductions about the 10 [available] information . . . that might well elude an untrained person.” State v. Neal, 11 2007-NMSC-043, ¶ 21 , 142 N.M. 176 , 164 P.3d 57 (internal quotation marks and 12 citation omitted). 13 {10} “The level of suspicion required for an investigatory stop is considerably less 14 than proof of wrongdoing by a preponderance of the eviden…
examined Cited "see" State v. Martinez (3×)
N.M. · 2018 · signal: see · confidence high
See Urioste , 2002-NMSC-023 , ¶ 6, 132 N.M. 592 , 52 P.3d 964 ("As a reviewing court we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.").
discussed Cited "see" State v. Martinez
N.M. · 2018 · signal: see · confidence high
See Urioste, 2002-NMSC-023, ¶ 6 (“As a reviewing court we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”).
examined Cited "see" State v. Aguilera (3×)
N.M. Ct. App. · 2017 · signal: see · confidence high
See State v. Urioste, 3 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 . 4 {9} Rule 5-406(C) NMRA states that “[i]f there is a breach of condition of a bond, 5 the court may declare a forfeiture of the bail.” (Emphasis added.) Similarly, NMSA 6 1978, Section 31-3-2(B)(2) (1993), states that, if a person “fails to appear at the time 7 and place fixed by the terms of his bail bond, the court . . . may declare a forfeiture of 8 the bail.” (Emphasis added.) Not dissimilar to the discretionary language regarding 9 forfeiture of bonds in circumstances of breach, Rule 5-406(D) similarly sta…
discussed Cited "see" State v. Garcia (2×)
N.M. Ct. App. · 2016 · signal: see · confidence high
See State v. Urioste, 2002- 13 NMSC-023, ¶ 6, 132 N.M. 592 , 52 P.3d 964 (acknowledging that the district court is 14 in the best position to resolve questions of fact and deferring to the district court’s 15 findings of fact if substantial evidence exists to support of those findings). 16 {41} Defendant has also failed to make a prima facie showing of prejudice. 17 Defendant points to no evidence in the record to suggest that, had defense counsel not 18 informed him that the judge was inclined to give him a five-year sentence, he would 19 have gone to trial instead of pleading guilty.
discussed Cited "see" State v. Salazar
N.M. Ct. App. · 2015 · signal: see · confidence high
See Urioste, 2002-NMSC-023, ¶ 6 ; Neal, 9 2007-NMSC-043, ¶ 28 (recognizing that “our reasonable suspicion determination 10 requires us to assess the totality of the circumstances and precludes a 11 divide-and-conquer analysis in which we view each individual factor or circumstance 12 in a vacuum.” (alteration, omission, internal quotation marks, and citation omitted)). 13 Therefore, the district court correctly determined that Officer Benavidez had 14 articulable, reasonable suspicion for expanding the traffic stop into an auto burglary 15 investigation. 16 C.
examined Cited "see" State v. Dean (3×)
N.M. Ct. App. · 2013 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 10 P.3d 964 .
examined Cited "see" State v. Ochoa (4×)
N.M. Ct. App. · 2012 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023 , 4 ¶ 6, 132 N.M. 592 , 52 P.3d 964 (stating that an appellate court reviewing a 5 suppression ruling “[does] not sit as a trier of fact; the district court is in the best 6 position to resolve questions of fact and to evaluate the credibility of witnesses”). 7 We further understand Defendant to argue that the officers’ interaction was 8 coercive because they told him that if he told the officers where illegal cockfights 9 were held, he would not be charged.
discussed Cited "see" State v. Cipriano (2×)
N.M. Ct. App. · 2011 · signal: see · confidence high
See Urioste, 2002-NMSC-023, ¶¶ 16-17 .
examined Cited "see" State v. Johnson (3×)
N.M. Ct. App. · 2010 · signal: see · confidence high
See Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (indicating that search and seizure issues and determinations of reasonable suspicion are mixed questions of fact and law that should be reviewed de novo).
examined Cited "see" State v. Sewell (3×)
N.M. · 2009 · signal: see · confidence high
Accordingly, “we review the facts in the light most favorable to the prevailing party, deferring to the district court’s factual findings so long as substantial evidence exists to support those findings.” Id.; see State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 .
examined Cited "see" State v. Thompson (3×)
N.M. Ct. App. · 2009 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (reviewing the facts in the light most favorable to the prevailing party and deferring to the district court’s factual findings as long as substantial evidence exists to support those findings).
examined Cited "see" State v. Funderburg (3×)
N.M. · 2008 · signal: see · confidence high
See Urioste, 2002-NMSC-023 , ¶ 10, 132 N.M. 592 , 52 P.3d 964 (“A police officer cannot forcibly stop an individual for purposes of investigation merely on the basis of an ‘inchoate and unparticularized suspicion or hunch’ that criminal activity may be afoot.” (quoting Terry, 392 U.S. at 27 , 88 S.Ct. 1868 ) (emphasis omitted)). {16} A reviewing court must “necessarily take into account the evolving circumstances with which the officer [was] faced,” Duran, 2005-NMSC-034, ¶ 36 , 138 N.M. 414 , 120 P.3d 836 (quoted authority omitted), when determining whether the officer had “rea…
examined Cited "see" State v. Ochoa (3×)
N.M. · 2008 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶¶ 11-13 , 132 N.M. 592 , 52 P.3d 964 (finding it is more reasonable that an officer had adequate suspicion where the officer observes a suspect moving or acting in accordance with a tip). {21} In this ease, whether Officer Martinez acted reasonably depends on Agent Edmondson’s reliability when he reported the seatbelt violation to Officer Martinez.
cited Cited "see" State v. Anaya
N.M. Ct. App. · 2007 · signal: see · confidence high
See Urioste, 2002-NMSC-023, ¶ 6 .
examined Cited "see" State v. Aguilar (3×)
N.M. Ct. App. · 2007 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (“Police officers possess reasonable suspicion when they are aware of specific articulable facts that, judged objectively, would lead a reasonable person to believe criminal activity occurred or was occurring.” (internal quotation marks and citation omitted)). {12} Section 66-3-6(F) specifically provides that “temporary demonstration plates” are for “testing, demonstrating or preparing a vehicle for sale or lease.” As previously noted, the statute does not provide any time-of-day limitation for the activities pe…
examined Cited "see" State v. Funderburg (3×)
N.M. Ct. App. · 2006 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 10 , 132 N.M. 592 , 52 P.3d 964 (“In determining whether reasonable suspicion exists in a particular case, ‘the relevant inquiry is not whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts.’ ” (citation omitted)); State v. Williamson, 2000-NMCA-068 , ¶6, 129 N.M. 387 , 9 P.3d 70 (“[W]e examine, as a matter of law, the totality of the circumstances to determine whether the officers illegally detained [the defendant and whether [the officer] impermissibly …
examined Cited "see" State v. Robbs (6×) also: Cited "see, e.g."
N.M. Ct. App. · 2006 · signal: see · confidence high
When substantial evidence exists to support the district court’s findings of fact, we ask “whether the law was correctly applied to the facts, viewing them in a manner most favorable to the prevailing party.” State v. Werner, 117 N.M. 315, 317 , 871 P.2d 971, 973 (1994) (internal quotation marks and citation omitted); see Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 .
examined Cited "see" State v. Patterson (3×)
N.M. Ct. App. · 2006 · signal: see · confidence high
See generally State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 ; State v. Affsprung, 2004-NMCA-038, ¶ 6 , 135 N.M. 306 , 87 P.3d 1088 .
examined Cited "see" State v. Bravo (3×)
N.M. Ct. App. · 2005 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (stating that an appellate court should “not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses”).
examined Cited "see" State v. Kottman (3×)
S.D. · 2005 · signal: see · confidence high
See State v. Baca, 135 N.M. 490 , 90 P.3d 509, 521-22 (App.2004) (citing State v. Urioste, 2002-NMSC-023 , 132 N.M. 592 , 52 P.3d 964 (requiring "articulable facts that ... would lead a reasonable person to believe criminal activity occurred or was occurring”)); State v. Galvan, 90 N.M. 129 , 560 P.2d 550, 552 (App.1977).
examined Cited "see" State v. Lackey (3×)
N.M. Ct. App. · 2005 · signal: see · confidence high
See Urioste, 2002-NMSC-023 , ¶ 6, 132 N.M. 592 , 52 P.3d 964 . {10} In support of its argument that the officers had reasonable suspicion, the State refers us to People v. Hobson, 117 Ill.App.3d 191 , 72 Ill.Dec. 518 , 452 N.E.2d 771 (1983).
discussed Cited "see" State v. Ponce (2×)
N.M. Ct. App. · 2004 · signal: see · confidence high
See id. (describing a reasonable suspicion of criminal activity).
examined Cited "see" State v. Baca (3×)
N.M. Ct. App. · 2004 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (“Police officers possess reasonable suspicion when they are aware of specific articulable facts that ... would lead a reasonable person to believe criminal activity occurred or was occurring.” (internal quotation marks and citation omitted)); State v. Galvan, 90 N.M. 129, 131 , 560 P.2d 550, 552 (Ct.App. 1977) (stating that reasonable suspicion is to be judged by whether “the facts available to the officer warrant the officer, as a person of reasonable caution, to believe the action taken was appropriate”).
examined Cited "see" State v. Contreras (3×)
N.M. Ct. App. · 2003 · signal: see · confidence high
J.L., 529 U.S. at 270, 120 S.Ct. 1375 ; see Urioste, 2002-NMSC-023, ¶¶ 11-13 , 132 N.M. 592 , 52 P.3d 964 (discussing White and J.L. as containing the standards used to determine whether an anonymous tip can provide reasonable suspicion for an investigative stop).
examined Cited "see" State v. Plouse (3×)
N.M. Ct. App. · 2003 · signal: see · confidence high
See State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M. 592 , 52 P.3d 964 (recognizing “the district court is in the best position to resolve questions of fact”).
examined Cited "see, e.g." State v. Chavez (3×)
N.M. Ct. App. · 2023 · signal: see also · confidence low
See id.; see also State v. 18 Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M., 592 , 52 P.3d 964 (“[T]he district court is 19 in the best position to resolve questions of fact and to evaluate the credibility of 20 witnesses.”).
examined Cited "see, e.g." State v. Chavez (3×)
N.M. Ct. App. · 2023 · signal: see also · confidence low
See id.; see also State v. Urioste, 2002-NMSC-023, ¶ 6 , 132 N.M., 592 , 52 P.3d 964 (“[T]he district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”).
discussed Cited "see, e.g." State v. Granados (2×)
N.M. Ct. App. · 2021 · signal: see, e.g. · confidence low
See, e.g., Urioste, 2002-NMSC-023, ¶¶ 9-16 ; Robbs, 2006-NMCA-061, ¶ 14 .
discussed Cited "see, e.g." Derrick v. Chavez (2×)
N.M. Ct. App. · 2020 · signal: see also · confidence low
See State v. Hunter, 2001-NMCA-078, ¶ 18 , 131 N.M. 76 , 33 P.3d 296 (“Matters not of record present no issue for review.”); see also State v. Urioste, 2002- NMSC-023, ¶ 6, 132 N.M. 592 , 52 P.3d 964 (“As a reviewing court we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses.”).
discussed Cited "see, e.g." State v. Aceves (2×)
N.M. Ct. App. · 2014 · signal: see, e.g. · confidence low
See, e.g., State v. Urioste, 2002-NMSC-023, ¶ 10 , 132 8 N.M. 592 , 52 P.3d 964 .
Retrieving the full opinion text from the archive…
STATE of New Mexico, Plaintiff-Respondent,
v.
Rudolfo URIOSTE, Defendant-Petitioner
26,287.
New Mexico Supreme Court.
Jul 24, 2002.
52 P.3d 964
Border Law Office, Dean E. Border, Tucumcari, NM, for Petitioner., Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Respondent.
Maes, Serna, Baca, Franchini, Minzner.
Cited by 16 opinions  |  Published

Lead Opinion

OPINION

MAES, Justice.

{1} Defendant Rudolfo Urioste entered into a conditional plea for possession of a controlled substance contrary to NMSA1978, § 30-31-23(D) (1990), reserving the right to appeal his conviction on the issue of suppression of evidence. Defendant argued that the cocaine should be suppressed because the information leading to his arrest was received by police through an anonymous tip and was not sufficiently corroborated to constitute reasonable suspicion to justify stopping Defendant on the highway. The district court entered findings of fact and conclusions of law and determined that the information and corroboration provided enough reasonable suspicion that the law was being violated. Defendant appealed his conviction. The Court of Appeals, in a memorandum opinion, affirmed the district court’s finding that the information came from a confidential informant. State v. Urioste, NMCA 20,257, slip op. At 5-6 (Mar. 23, 2000). The Court determined the information was sufficiently corroborated and held that the information provided the reasonable suspicion necessary for the investigative stop. Id. We affirm the Court of Appeals.

FACTS

{2} “The following facts are conclusive because they are based on the trial court’s findings of fact, which [Defendant does not challenge on appeal.” State v. Werner, 110 N.M. 389, 390, 796 P.2d 610, 611 (Ct.App.1990); accord, Rule 12-213 NMRA 2002 (“The argument must set forth a specific attack on any finding, or such finding shall be deemed conclusive.”). Defendant acknowledges that “all factual issues are uncontested.” At approximately 4:30 p.m. on November 20, 1997, the Tueumcari Police Department received information that cocaine was being transported from Albuquerque to Tueumcari. Officer Tony Alvidrez of the Tueumcari Police passed on the information to Deputy Greg Greenlee of the Quay County Sheriffs Department at approximately 10:00 p.m. The following details were included in the report received by Deputy Greenlee: (1) The individual transporting the cocaine would be an Hispanic male with a long black ponytail, (2) driving a green, older model Ford Econoline van, (3) heading from the direction of Albuquerque toward Tucumeari, (4) arriving in Tueumcari at about 10:30 p.m., and (5) the driver lived at 1115 South Fifth Street, Tueumcari.

{3} At a suppression hearing, Deputy Greenlee testified that he was familiar with the vehicle at the address described above, and drove to the location and observed that the vehicle was not there. He then went to Interstate 40, proceeding toward Albuquerque, when he saw a green older model Ford Econoline van going the opposite way. Greenlee turned around and pursued the van. He corroborated the time of the van’s appearance, it was 10:14 p.m., as well as the make, age and color of the van. He verified the apparent route of the van as consistent with a route going from Albuquerque to Tucumcari.

{4} Upon this information, Deputy Green-lee stopped the van. Suspecting one handling illegal drugs might be armed, he asked Defendant to get out of the van and submit to a frisk. He asked Defendant whether he had any guns or drugs in his possession, and Defendant said he did not. The situation then went out of control when Defendant bolted and ran away down the interstate. Deputy Greenlee yelled for him to stop, but he kept running, turning down a little driveway leading into a pasture. Deputy Green-lee finally caught up with Defendant, and, at gunpoint, placed him into custody. Defendant was arrested for evading and eluding an officer. Approximately four officers conducted a lengthy search of the area between midnight and 1:00 a.m. for cocaine Defendant might have thrown. Nothing was found at that time. Another search was conducted the next day, and the contraband was discovered.

{5} Defendant pleaded guilty to possession of cocaine, contrary to NMSA 1978, § 30-31-23(D) (1990), and reserved the right to appeal the district court’s denial of his motion to suppress the physical evidence of cocaine. Defendant appealed unsuccessfully to the New Mexico Court of Appeals on the theory that the Deputy Sheriffs stop of Defendant’s van, which resulted in the seizure of the evidence, was not based on reasonable suspicion as required by law. We granted eertioraii on May 24, 2000 (No. 26,287) and now consider Defendant’s claim.

STANDARD OF REVIEW

{6} Appellate review of a district court’s decision regarding a motion to suppress evidence involves mixed questions of fact and law. Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). As a reviewing court we do not sit as a trier of fact; the district court is in the best position to resolve questions of fact and to evaluate the credibility of witnesses. Id. at 699, 116 S.Ct. 1657. We view the facts in the manner most favorable to the prevailing party and defer to the district court’s findings of fact if substantial evidence exists to support those findings. State v. Boeglin, 100 N.M. 127, 132, 666 P.2d 1274, 1279 (Ct.App.1983). Determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal. Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). See also State v. Attaway, 117 N.M. 141, 145-46, 870 P.2d 103, 107-08 (1994) (concluding issues, such as search and seizure issues, lending themselves to the application of constitutional principles, abstract legal doctrines, and underlying policy, should be decided by an appellate court de novo). In making a determination about reasonable suspicion, a reviewing court must look at the totality of the circumstances. United States v. Arvizti, 534 U.S. 266,-, 122 S.Ct. 744, 750, 151 L.Ed.2d 740 (2002). Police officers possess reasonable suspicion when they are “aware of specific articulable facts” that, judged objectively, “would lead a reasonable person to believe criminal activity occurred or was occurring.” State v. Pallor, 1996-NMCA-083, ¶ 12, 122 N.M. 232, 923 P.2d 599 (internal quotations and citation omitted).

CONFIDENTIAL INFORMANT OR ANONYMOUS TIP?

{7} The parties argue extensively over whether the information that was supplied to the Deputy came from a “confidential informant” or was an “anonymous tip.” The distinction is important because “the veracity of persons supplying anonymous tips is ‘by hypothesis unknown and unknowable,’ ” Alabama v. White, 496 U.S. 325, 329, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990) (quoting Illinois v. Gates, 462 U.S. 213, 237, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)), while the reliability of a tip can be better gauged if it comes from a known source. Defendant argues on the basis of Deputy Greenlee’s testimony at the hearing on the motion to suppress that he received the information from Tucumcari Police Officer Alvidrez, who had received the information from an unidentified third person. Officer Alvidrez did not testify at the suppression hearing, and the State presented no evidence that this informant had provided reliable information in the past. Deputy Greenlee testified that Officer Alvidrez had told him that the third person was a “confidential informant.” Defendant argues that the tip must have come from a reliable confidential informant or the details in the tip must be “reliable in [their] assertion of illegality, not just in [their] tendency to identify a determinate person,” citing Florida v. J.L., 529 U.S. 266, 272, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000).

{8} The State argues contrarily that “[t]here is no evidence in the record to suggest that the tip was anonymous,” seeming to suggest this Court should presume it was not, and invokes the “fellow officer rule,” whereby “probable cause is determined by the courts on the basis of the collective information of the police involved in the arrest, rather than exclusively on the extent of the knowledge of the particular officer who may actually make the arrest.” Karr v. Smith, 774 F.2d 1029, 1031-32 (10th Cir.1985); see also State v. Warren, 103 N.M. 472, 476, 709 P.2d 194, 198 (Ct.App.1985) (finding that the “police team qualification” rule applies when “the arresting officer relied upon information and observations made by other officers to establish the probable cause for his belief that [a misdemeanor] was being committed in his presence.”). However, the State never called Officer Alvidrez to testify concerning whether the information was from a known informant whose reputation could be assessed and who could be held responsible if the allegations turned out to be fabricated. Because, under the facts of this ease, a stronger showing than this would have to be made by the State to establish that the information came from a confidential informant, we analyze the source of the information as though it were an anonymous tip.

SUPPRESSION OF THE EVIDENCE

{9} Generally, in eases involving informants, “the central issue ... is whether the informant’s information is so reliable and complete that it makes past, present or pending criminal conduct sufficiently likely to justify a stopping of the designated person for investigation.” 4 Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 9.4(h), at 213 (3d ed.1996). More specifically to this case, “[t]he central question ... is whether ‘verification of part of the informant’s story [made] it sufficiently likely that the crucial part of the informant’s story (i.e., allegations that criminal activity has occurred and that evidence pertaining thereto will be found in the location to be searched) [was] true.’ ” United States v. Link, 238 F.3d 106, 110 (1st Cir.2001) (quoting United States v. Khounsavanh, 113 F.3d 279, 284 (1st Cir.1997) (alteration in Link)). Thus we must decide whether, upon its verification by Deputy Greenlee, the tipster’s story made it sufficiently likely that Defendant was carrying cocaine.

{10} A police officer cannot forcibly stop an individual for purposes of investigation merely on the basis of an “inchoate and unparticularized suspicion or ‘hunch’ ” that criminal activity may be afoot. Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); accord United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). Rather, the officer must look at the “totality of the circumstances-the whole picture.” United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981); accord Sokolow, 490 U.S. at 8, 109 S.Ct. 1581. The officer must be able to form a “reasonable suspicion, based on objective facts,” Brown v. Texas, 443 U.S. 47, 51, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979); see also Sokolow, 490 U.S. at 7, 109 S.Ct. 1581; United States v. Sharpe, 470 U.S. 675, 682, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985), that the individual in question “is, or is about to be, engaged in criminal activity.” Cortez, 449 U.S. at 417, 101 S.Ct. 690; see also Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983). The level of suspicion required for an investigatory stop “is considerably less than proof of wrongdoing by a preponderance of the evidence.” Sokolow, 490 U.S. at 7, 109 S.Ct. 1581. A reasonable suspicion of criminal activity can arise from “wholly lawful conduct.” Id. at 9, 109 S.Ct. 1581 (quoting Reid v. Georgia, 448 U.S. 438, 441, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980) (per curiam)). In determining whether reasonable suspicion exists in a particular case, “the relevant inquiry is not whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts.” Sokolow, 490 U.S. at 10, 109 S.Ct. 1581 (quoting Gates, 462 U.S. at 243 n. 13, 103 S.Ct. 2317. See generally David S. Rudstein, White on White: Anonymous Tips, Reasonable Suspicion, and the Constitution, 79 Ky. L. J. 661, 663-64 (1990) (explaining the “reasonable suspicion” standard)).

{11} We begin our analysis by positing two United States Supreme Court cases which have come down on either side of the line dividing a legal stop from an illegal one. These are White and J.L. In White, an anonymous tip reported that a person named Vanessa White would leave No. 235 C Lynwood Terrace Apartments at a particular time in a brown Plymouth station wagon with a broken right taillight, to go to Dobey’s Motel with an ounce of cocaine inside a brown attache case. 496 U.S. at 327, 110 S.Ct. 2412. The Supreme Court in a “close case” found the tip corroborated. Id. at 325, 110 S.Ct. 2412. The White court said:

What was important was the caller’s ability to predict respondent’s future behavior, because it demonstrated inside information — a special familiarity with respondent’s affairs. The general public would have had no way of knowing that respondent would shortly leave the building, get in the described car, and drive the most direct route to Dobey’s Motel. Because only a small number of people are generally privy to an individual’s itinerary, it is reasonable for police to believe that a person with access to such information is likely to also have access to reliable information about the individual’s illegal activities .... When significant aspects of the caller’s predictions were verified, there was reason to believe not only that the caller was honest but also that he was well informed, at least well enough to justify the stop.

White, 496 U.S. at 332, 110 S.Ct. 2412.

{12} Defendant relies on J.L. In that ease, an anonymous caller reported to police that a young African American male, standing at a particular bus stop and wearing a plaid shirt, was carrying a gun. 529 U.S. at 268, 120 S.Ct. 1375. Two officers responded. They arrived at the bus stop and saw three African American males “just hanging out [there].” Id. One of them, J.L., was wearing a plaid shirt. Id. They did not see a firearm, and J.L. made no threatening or unusual movements. Id. J.L. was frisked and a gun was seized from his pocket. Id. He was charged with carrying a concealed firearm while under the age of eighteen. Id. at 269, 120 S.Ct. 1375. The Supreme Court agreed with and affirmed the Florida Supreme Court below, which had stated that anonymous tips “are generally less reliable than tips from known informants and can form the basis for reasonable suspicion only if accompanied by specific indicia of reliability, for example the correct forecast of a subject’s ‘not easily predicted’ movements.” J.L., 529 U.S. at 269, 120 S.Ct. 1375 (quoting J.L. v. State, 727 So.2d 204, 207 (Fla.1998) (quoting White, 496 U.S. at 332, 110 S.Ct. 2412)). It was held in J.L. that police did not have reasonable suspicion to stop and frisk the subject. 529 U.S. at 271, 120 S.Ct. 1375.

An accurate description of a subject’s readily observable location and appearance is of course reliable in this limited sense: It will help the police correctly identify the person whom the tipster means to accuse. Such a tip, however, does not show that the tipster has knowledge of concealed criminal activity.

Id. at 272, 120 S.Ct. 1375.

{13} The J.L. Court, in considering White, made what we discern as a distinction between a tip predicting a subject’s movements on the one hand, and on the other, a tip which merely describes a status quo, or the state of things at a given time, of which the subject is a part. With the passage of time comes the ability of the observer to ascribe secondary qualities, beyond an initial picture, to what is being observed. In the case where an anonymous tip is being corroborated on the scene by a law enforcement officer, and no overt criminal activity is observed, it is more reasonable to say that an adequate suspicion can be formed where the suspect is seen moving or acting in accordance with the tip. It is much more difficult to form a reasonable suspicion when only a status quo is reported to police and that is all they see. This is the import of the fact that the defendants in White and in the instant case were most apparently coming from and headed to certain points, and, at least here, seen moving past a certain point “on schedule.”

{14} Thus the most important factor is established in the determination of the reasonableness of Deputy Greenlee’s Suspicion-Defendant’s movements through time. If the tipster can be said to be in on an action that is taken by the suspect in the future, from the point of view of the time the tip is given, then as a matter of law, the asserted illegality can be associated with the prediction so as to increase the reliability of the tip. White.[1] The time element is eminently present in the instant case, where the informant correctly told police what time Defendant would be at a certain place and where his movements were likely taking him.

{15} Having established this, we will also make a fact-by-fact comparison between White and this case to determine whether enough facts were corroborated beyond the basic and important future movement factor. The exact point of origin of the suspect was not corroborated in either case. The exact destination of the suspect was not corroborated in either case. The description of the vehicle in question was corroborated in both cases. As to the added fact in each case, in White, the existence of the brown attache case was not corroborated; in this case, the fact that the vehicle was not at Defendant’s residence was corroborated. This simple review of the facts leads to the inevitable conclusion that the instant case is nearly identical in all relevant respects to White.

{16} The New Mexico Court of Appeals has adopted the time-oriented analysis of White. It was said in State v. Flores, 1996 NMCA 059, ¶ 8, 122 N.M. 84, 920 P.2d 1038:

An anonymous tip may justify an investigatory stop if the information is sufficiently corroborated by subsequent investigation to establish reliability ... Although the United States Supreme Court' described it as a close case in White, the court was persuaded because certain behavior predicted in the tip actually occurred in several particulars though not all the behavior was criminal in nature.

In fact, none of the behavior observed by officers in White was criminal in nature. White, 496 U.S. at 327, 110 S.Ct. 2412. Thus it is clear that if enough familiarity with a suspect’s affairs is shown by the predictions in an anonymous tip, no overtly criminal behavior need be observed. This point was made in Reid, 448 U.S. at 441, 100 S.Ct. 2752, in which the Court noted that even in the seminal stop and frisk case, Terry, reasonable suspicion arose from wholly lawful conduct. See Terry, 392 U.S. at 27-28, 88 S.Ct. 1868. The Court of Appeals has also said, in State v. Bedolla, 111 N.M. 448, 452, 806 P.2d 588, 592 (Ct.App.1991):

The [Supreme Court in WMie] distinguished between those tips so completely lacking in indicia of reliability that they would either warrant no police response or require further investigation before a forcible stop of a suspect would be authorized, and those tips that either contained indicia of reliability within them or are sufficiently corroborated. In White, there was nothing in the tip itself to indicate reliability. However, the independent corroboration by the police officer of “significant aspects of the informer’s predictions” imparted some degree of reliability.... The court placed special importance on the caller’s ability to predict future behavior.

(Internal citations omitted). A factual comparison between Bedolla and the instant case is useful. In Bedolla, police received an anonymous tip that two men, one with a purple Nissan pickup with California plates, were dealing cocaine out of a room at the Navajo Motel. Id. at 449, 806 P.2d at 589. The officers went to the motel and after about an hour a purple Nissan drove up; three men exited and went into the motel. Id. After some time, four people came out of the motel and got into two vehicles, the purple Nissan and a blue Nissan with California plates. Id. Both vehicles drove away. Police followed the purple Nissan and stopped it about a quarter-mile from the motel. It was not stopped for any traffic violation, and there were no signs of any criminal activity. Id. Defendant was questioned and admitted there were drugs in the motel room, which were found after a search. Id. The Court of Appeals held the evidence should be suppressed, finding that “[djespite the hour-long surveillance of room 125, and following defendant’s truck for approximately one-quarter mile, [police] investigative work ... corroborated nothing more of the tip than that the purple Nissan vehicle existed, that it had California tags, and that it was driven by an unidentified person.” Id. at 451, 806 P.2d at 591. There was significantly more corroboration in the instant case, including a description of the suspect, his vehicle, its destination, its direction of travel, and the time and day the suspect would be traveling on Interstate 40, to bring it out of the purview of Bedolla and under the rule of White. In this case, “the anonymous [tip] contained a range of details relating ... to future actions of third parties ordinarily not easily predicted.” White, 496 U.S. at 332, 110 S.Ct. 2412 (quoting Gates, 462 U.S. at 245, 103 S.Ct. 2317).

CONCLUSION

{17} The White Court also stated that “if a tip has a relatively low degree of reliability, more information will be required to establish the requisite quantum of suspicion than would be required if the tip were more reliable.” The corroboration of the vehicle, the fact that the vehicle was not at Defendant’s residence, the direction Defendant was traveling, and the time Defendant was stopped add to the reliability of the tip in this case. We hold that the reliability coming from these corroborated details was sufficient to justify the stop. The Court of Appeals is therefore affirmed.

{18} IT IS SO ORDERED.

WE CONCUR: PATRICIO M. SERNA, Chief Justice, JOSEPH F. BACA, Justice, GENE E. FRANCHINI, Justice and PAMELA B. MINZNER, Justice (dissenting).
1

Cf. Sanders v. United States, 751 A.2d 952, 954 (D.C.2000) ("Of course, accurate prediction of future events has no ‘talismanic quality’ and is only one indicium of reliability.”)

Dissent

MINZNER, Justice

(dissenting).

{19} I respectfully dissent. I concur in the majority’s decision to analyze the tip Officer Alvidrez received as an anonymous tip and to compare the facts of this appeal with the facts of two United States Supreme Court cases, Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), which was decided after the Court of Appeals affirmed the district court, and Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), on which the Court of Appeals relied in affirming the district court. I also concur in the standard of review applied by the majority. For the reasons that follow, however, I believe we ought to conclude that Deputy Greenlee stopped Defendant on the highway prior to developing the reasonable suspicion required by the Fourth Amendment to make a valid investigatory stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). I believe we ought to conclude that Defendant’s Fourth Amendment rights were violated by the highway stop and that the district court erred in denying his motion to suppress evidence developed as a result of that stop. Therefore, I would reverse and remand this matter to the district court with instructions to grant Defendant’s motion to suppress.

{20} A valid investigatory stop under Terry requires reasonable suspicion that the person stopped is engaged in criminal activity. White, 496 U.S. at 330-31, 110 S.Ct. 2412. “Reasonable suspicion, like probable cause, is dependent upon both the content of information possessed by police and its degree of reliability.” Id. at 330, 110 S.Ct. 2412. “Unlike a tip from a known informant whose reputation can be assessed and who can be held responsible if her allegations turn out to be fabricated, ‘an anonymous tip alone seldom demonstrates the informant’s basis of knowledge or veracity.’ ” J.L., 529 U.S. at 270, 120 S.Ct. 1375 (citation omitted) (quoting White, 496 U.S. at 329, 110 S.Ct. 2412). When an anonymous tip has been “suitably corroborated,” however, it may support a valid investigatory stop. Id. The question in this appeal is whether or not we may conclude as a matter of law that the tip Greenlee received was “suitably corroborated.”

{21} In White, an anonymous tip was held to have been suitably corroborated when the police observed a woman fitting the description given by the tipster exit the described apartment complex, get into the described vehicle, and take the most direct route to the described location. 496 U.S. at 327, 110 S.Ct. 2412. In J.L., an anonymous tip was held to have been insufficient when the police observed a young man fitting the description given by the tipster at the location included in the tip. 529 U.S. at 268-69, 120 S.Ct. 1375. The difference between the two cases seems to turn on the extent to which the anonymous tip accurately predicts the future movements of the subject. As the Court noted in White,

Because only a small number of people are generally privy to an individual’s itinerary, it is reasonable for police to believe that a person with access to such information is likely to also have access to reliable information about that individual’s illegal activities. When significant aspects of the caller’s predictions were verified, there was reason to believe not only that the caller was honest but also that he was well informed, at least well enough to justify the stop.

496 U.S. at 332, 110 S.Ct. 2412 (citation omitted). The Court further refined this point in J.L., stating that “[t]he reasonable suspicion here at issue requires that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person.” 529 U.S. at 272, 120 S.Ct. 1375.

{22} Deputy Greenlee did not see the driver of the van until after he had stopped Defendant. He did not testify that he recognized the van that he stopped. As I understand the record on appeal, he observed the eastbound travel of an older model green Econoline van toward Tueumcari at about the time the tipster had said a van of that type, owned by a man who lived in Tucumcari would reach Tueumcari. The fact that Defendant’s van was not located at 1115 South Fifth Street when Deputy Greenlee drove by the residence did not corroborate that the van ordinarily located there was traveling from Albuquerque to Tueumcari or that the van he later observed on Interstate 40 was the van ordinarily located at 1115 South Fifth Street.

{23} Approximately 135 miles of interstate lie between Albuquerque and Tueumcari, a distance that, if traveled at highway speeds, would take less than six hours to cover. Had Officer Alvidrez communicated to Deputy Greenlee the time at which the tip was received, Deputy Greenlee would have had a basis for believing that the tipster was familiar with the schedule of the person who was driving the van he stopped. There is nothing in the record before us to indicate that Officer Alvidrez did so. There is also no basis in the record for believing that Deputy Green-lee possessed this information from any other source. I believe the question of whether Deputy Greenlee had the required reasonable suspicion to stop Defendant depends on how much of the information provided by the tip and conveyed to him Deputy Greenlee himself corroborated. See United States v. Shareef, 100 F.3d 1491, 1504 (10th Cir.1996) (holding that information supporting reasonable suspicion held by one officer could not be imputed to another officer absent evidence that the information was communicated between the two). In any event, since Deputy Greenlee did not identify the driver until after he stopped the van, I am not persuaded that we can conclude he corroborated the movements of the subject described in the tip prior to the stop.

{24} In comparing White to the present case, the majority notes that “[t]he exact point of origin of the suspect was not corroborated in either case.” Majority Opinion, ¶ 16. I would characterize White somewhat differently, however, because in that case the police officers observed the suspect, a woman, leaving the apartment building specified in the tip and entering a ear that the tipster had described by make, color, condition and location. 496 U.S. at 327, 110 S.Ct. 2412. The police may not have seen the specific apartment from which the suspect emerged, but I think it is fail- to characterize the point of origin in White as corroborated. The majority also notes that “[t]he exact destination of the suspect was not corroborated in either case.” Majority Opinion, ¶ 16. Again, I would characterize White somewhat differently. In White, the police stopped the woman they suspected before she actually reached the hotel to which the tip indicated she was traveling. They had followed her, however, for some distance, from the point of origin and stopped her “just short” of the destination indicated in the tip. 496 U.S. at 327, 110 S.Ct. 2412. Moreover, the suspect had driven along the “most direct route possible” to that destination, despite the fact that the route “involved several turns.” Id. at 331, 110 S.Ct. 2412.

{25} In J.L. the tip described the suspect and claimed that he was carrying a concealed firearm. 529 U.S. at 268, 120 S.Ct. 1375. In our case, although the tip did predict future behavior (that an Hispanic male with a long black ponytail who lived at 1115 South Fifth Street in Tueumcari would drive from Albuquerque to Tueumcari at about 10:30 p.m.), prior to the stop Deputy Greenlee only observed facts that were consistent with the tip, rather than confirming that the tipster had predicted the suspect’s movements. It is as if Deputy Greenlee had received a tip at about 10:00 p.m. that a green older model Econoline van was, at that moment, traveling East on Interstate 40 heading toward Tucumcari. Viewed in this light, I think the facts of this case are difficult to distinguish in a meaningful way from the facts of J.L.

{26} White and J.L. make clear that what is important is the extent to which the predictive information in an anonymous tip is corroborated. While the predictive elements of the tip in this case make it look like the tip in White, I believe we ought to conclude that the lack of corroboration of those elements precluded a valid investigatory stop. The lack of predictive information in J.L. failed to provide any indication that the anonymous informant had access to information about the subject of the tip and was therefore “likely to also have access to reliable information about [the subject’s] illegal activities.” White, 496 U.S. at 332, 110 S.Ct. 2412. The lack of corroboration of predictive information prior to the stop in this case seems to me to require the same conclusion.

{27} In concurring in J.L., Justice Kennedy wrote that the ability to accurately predict future conduct of an alleged criminal may not be the only way in which an anonymous tip would “provide the lawful basis for some police action.” 529 U.S. at 275, 120 S.Ct. 1375 (Kennedy, J., concurring). Justice Kennedy then provided three examples of other anonymous tips that might bear sufficient indicia of reliability: (1) a caller with a recognizable voice who accurately predicts criminal behavior on two successive evenings and provides a third tip; (2) an anonymous informant’s face-to-face, as opposed to telephonic, contact with the police; and (3) anonymous telephone tips that are traced using caller identification and voice recording. Id. at 275-76, 120 S.Ct. 1375. In discussing the first example, Justice Kennedy wrote that “there would be a plausible argument that experience cures some of the uncertainty surrounding the anonymity, justifying a proportionate police response.” Id. at 275, 120 S.Ct. 1375; see generally State v. Therrien, 110 N.M. 261, 264, 794 P.2d 735, 738 (Ct.App.1990) (discussing the appropriate analysis of an anonymous tip for purposes of determining probable cause to support a warrant), overruled on other grounds by State v. Barker, 114 N.M. 589, 594, 844 P.2d 839, 844 (Ct.App.1992). None of these alternatives are helpful in supporting the stop in this case.

{28} Anonymous tips that predict behavior are not inherently more reliable than anonymous tips that do not. An officer who has no facts to corroborate and an officer who fails to corroborate predictive movement both lack any indication that the informant is reliable, and therefore both lack the reasonable suspicion required by the Fourth Amendment in such cases. Cf. Therrien, 110 N.M. at 264, 794 P.2d at 738 (“The veracity of [a crime stoppers caller] must be established just as it must for any other informant.”)

{29} A concern about anonymous tips, aside from the inefficiency of unreliable tips, arises from their potential for harassment. See J.L., 529 U.S. at 272, 120 S.Ct. 1375; see also White, 496 U.S. at 333, 110 S.Ct. 2412 (Stevens, J., dissenting). We review anonymous tips with that concern in mind. Anonymous tips, therefore, present difficult questions regarding reasonable suspicion under the Fourth Amendment. The Supreme Court has provided some guidance by accepting certiorari in two eases that reach different results. As the Court explained in J.L., “[i]f White was a close case on the reliability of anonymous tips, this one surely falls on the other side of the line.” 529 U.S. at 271, 120 S.Ct. 1375. Given the ways in which I believe this case differs from White, and the ways in which it is similar to J.L., I believe this statement accurately describes Defendant’s case as well. “The corroborated information was in no sense incriminatory. Also, it was so readily available to any member of the public that the caller’s accuracy in this regard was not probative of his accuracy regarding covert criminal activity at the location.” Therrien, 110 N.M. at 264, 794 P.2d at 738.

{30} I note that J.L., the more recent opinion, was a unanimous result and that White, the older opinion, was not. I also note that, as in J.L., “[t]he facts of this case do not require [speculation] about the circumstances under which the danger alleged in an anonymous tip might be so great as to justify a search even without a showing of reliability.” J.L., 529 U.S. at 273, 120 S.Ct. 1375. Finally, I note that the State’s primary argument on appeal has been that the tip was not anonymous.

{31} It does seem possible that more information was available to Deputy Greenlee or to Officer Alvidrez than the record on appeal indicates. As the record stands, however, I am not persuaded that the State has shown sufficient evidence to support a determination that Deputy Greenlee had sufficient reasonable suspicion to stop Defendant on the highway. A majority of this Court being of a different view, I respectfully dissent.