White v. United States; & Anderson v. United States, 454 U.S. 924 (1981). · Go Syfert
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White v. United States; & Anderson v. United States, 454 U.S. 924 (1981). Cases Citing This Book View Copy Cite
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cited 4× by 1 distinct case, last quoted 1987 · …the use or display of arms may, but does not necessarily, convert a stop into an arrest ⚠ not in text
cited 3× by 1 distinct case, last quoted 1997 · …hether there has been an arrest turns on whether there has been an imposition of custody ⚠ not in text
272 citation events (9 in the last 25 years) across 38 distinct courts.
Strongest positive: United States v. Coley (dcd, 1997-08-12)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
examined Cited as authority (quoted) United States v. Coley (3×)
D.D.C. · 1997 · signal: see · quote attribution · 3 verbatim quotes · confidence high
hether there has been an arrest turns on whether there has been an imposition of custody
discussed Cited as authority (quoted) United States v. Pernell Lawson
D.C. Cir. · 1994 · quote attribution · 1 verbatim quote · confidence low
the informant must have (1) seen leave with the driver and (2) known enough about the pattern of his actions to predict the time of his return and what he would be doing in the interim
examined Cited as authority (quoted) Offutt v. United States (4×)
D.C. · 1987 · quote attribution · 4 verbatim quotes · confidence low
the use or display of arms may, but does not necessarily, convert a stop into an arrest
discussed Cited as authority (rule) United States v. Cole
D.D.C. · 2003 · confidence medium
A “‘reasonable’ reaction in this context ... turns on ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ ” Id. at 1296 (quoting United States v. White, 648 F.2d 29, 40 (D.C.Cir.1981)(quoting Brinegar v. United States, 338 U.S. 160, 175 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949)), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981)).
discussed Cited as authority (rule) United States v. Norman Edwards
3rd Cir. · 1995 · confidence medium
In United States v. White, 648 F.2d 29, 31 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981), the court held that police officers’ actions in blocking the defendant’s ear with.their cruisers and approaching with guns drawn did not amount to an arrest, but instead constituted a reasonable Terry stop in response to an anonymous tip concerning drug activity.
discussed Cited as authority (rule) United States v. Bold
E.D.N.Y · 1993 · confidence medium
Indeed, in United States v. White, 648 F.2d 29 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981), the same Court of Appeals that decided Clipper took note of this violence and rejected the argument “that narcotics violations do not justify police action on the basis of anonymous information ... because they involve no risk of ‘serious personal injury or *30 grave irreparable property damage.’ ” Id. at 36 n. 33.
discussed Cited as authority (rule) United States v. Robert Earl Sanders
5th Cir. · 1993 · confidence medium
United States v. Alexander, 907 F.2d 269, 273 (2d Cir.1990), ce rt. denied, 498 U.S. 1095 , 111 S.Ct. 983 , 112 L.Ed.2d 1067 (1991); United States v. Salas, 879 F.2d 530, 535-36 (9th Cir.), cert. denied, 493 U.S. 979 , 110 S.Ct. 507 , 107 L.Ed.2d 509 (1989); United States v. Lego, 855 F.2d 542, 545 (8th Cir.1988); United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir.1988); United States v. Trullo, 809 F.2d 108, 113 (1st Cir.), cert. denied, 482 U.S. 916 , 107 S.Ct. 3191 , 96 L.Ed.2d 679 (1987); United States v. Hardnett, 804 F.2d 353, 357 (6th Cir.1986), ce rt. denied, 479 U.S. 1097 ,…
discussed Cited as authority (rule) United States v. Bellamy
D.C. · 1993 · confidence medium
But see Peay, supra note 21, 597 A.2d at 1321 ("as has often been observed, drugs and weapons go together’’) (citing, inter alia, Irick v. United States, 565 A.2d 26, 31 (D.C.1989)); cf. Matter of T.T.C., supra, 583 A.2d at 988 & n. 2; United States v. (Orson) White, 208 U.S.App.D.C. 289 , 295-96 & n. 29, n. 30, 648 F.2d 29 , 35-36 & n. 29, n. 33 (1981) (drawn guns did not transform stop into arrest, officer concerned that defendant, like many other drug offenders the officer had arrested, was armed, citing statistics), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981…
discussed Cited as authority (rule) United States v. Ronald T. Clipper
D.C. Cir. · 1992 · confidence medium
Relying on our decision in United States v. White, 648 F.2d 29, 45 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981), Judge Gasch held that the officers had a fair description of the defendant and the direction in which he was walking.
discussed Cited as authority (rule) United States v. Wilson Mitchell, United States of America v. Ricky Zollicoffer
D.C. Cir. · 1991 · confidence medium
We have cautioned that a “ ‘reasonable’ reaction in this context ... turns on ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ ” United States v. White, 648 F.2d 29, 40 (D.C.Cir.) (quoting Brinegar v. United States, 338 U.S. 160, 175 , 69 S.Ct. 1302, 1310 , 93 L.Ed. 1879 (1949)), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981).
examined Cited as authority (rule) United States v. Jack Manuel Alvarez, Jr. (6×) also: Cited "see, e.g."
9th Cir. · 1990 · confidence medium
Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981).
discussed Cited as authority (rule) United States v. Juan Carlos Ocampo and Luis Alfonso Escobar
7th Cir. · 1989 · confidence medium
United States v. Manbeck, 744 F.2d 360, 377 (4th Cir.1984), cert. denied, 469 U.S. 1217 , 105 S.Ct. 1197 , 84 L.Ed.2d 342 (1985); United States v. Merritt, 695 F.2d 1263, 1272-74 (10th Cir.1982), cert. denied, 461 U.S. 916 , 103 S.Ct. 1898 , 77 L.Ed.2d 286 (1983); United States v. Harley, 682 F.2d 398, 400-02 (2d Cir.1982); United States v. White, 648 F.2d 29 (D.C.Cir.), ce rt. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981); United States v. Aldridge, 719 F.2d 368 (11th Cir.1983); United States v. Pantoja-Soto, 768 F.2d 1235 (11th Cir.1985); United States v. Trullo, 809 F.2d…
discussed Cited as authority (rule) Harper v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
Cir.1981), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981), and adopted in State v. Lewis, 518 So.2d 406, 407 (Fla. 3d DCA 1988): Among the circumstances courts consider when making this decision are: the officer's intent in stopping the citizen; the impression conveyed to the citizen as to whether he was in custody or only briefly detained for questioning; the length of the stop; the questions, if any, asked; and the extent of the search, if any, made. [4] If the subject of the warrant had been drugs and paraphernalia which were well known to have been present at the b…
discussed Cited as authority (rule) United States v. John F. Trullo (2×)
1st Cir. · 1987 · confidence medium
See, e.g., United States v. Jones, 759 F.2d 633, 640 (8th Cir.1985) (defendant had run when he saw police and was suspected accomplice of a known burglar; court found support for upholding armed Terry stop on "generalities" about burglars, contra Ceballos ), cert. denied, --- U.S. ----, 106 S.Ct. 113 , 88 L.Ed.2d 92 (1985); United States v. White, 648 F.2d 29, 43 (D.C.Cir.1981) (anonymous tip with highly detailed information verified in large part by police observation), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981).
cited Cited as authority (rule) United States v. Anthony Hardnett
6th Cir. · 1986 · confidence medium
Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981).
discussed Cited as authority (rule) United States v. Gerardo S. Castellanos
D.C. Cir. · 1984 · confidence medium
See Pennsylvania v. Mimms, 434 U.S. 106, 108-12 , 98 S.Ct. 330, 332-34 , 54 L.Ed.2d 331 (1977) (per curiam); United States v. White, 648 F.2d 29, 36-40 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233, 235 (1981); United States v. Moore, 554 F.2d 1086, 1088 (D.C.Cir.1976).
discussed Cited "see" United States v. Keith Donnell Bradley, A/K/A Peewee
D.C. Cir. · 1996 · signal: see · confidence high
See United States v. White, 648 F.2d 29, 31 (D.C.Cir.) (police responding to tip regarding drug activity made investigatory stop by partially blocking appellant's car and approaching driver with weapon drawn), cert. denied, 454 U.S. 924 (1981).
examined Cited "see" Cousart v. United States (6×)
D.C. · 1992 · signal: see · confidence high
See United States v. White, 208 U.S.App.D.C. 289, 295 , 648 F.2d 29, 35 , cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 , 70 L.Ed.2d 235 (1981).
examined Cited "see" State v. Rawlings (6×)
Idaho · 1992 · signal: see · confidence high
See United States v. White, 648 F.2d 29 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981).
examined Cited "see" United States v. Frederick v. Payne (3×)
D.C. Cir. · 1986 · signal: see · confidence high
See White v. United States, 648 F.2d 29 , 34 n. 29 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981).
cited Cited "see" United States v. Perry L. McBride and Roy Villanueva
8th Cir. · 1986 · signal: see · confidence high
See United States v. White, 648 F.2d 29, 45 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 *1048 S.Ct. 424, 70 L.Ed.2d 235 (1981).
examined Cited "see" United States v. Veatch (3×)
W.D. Pa. · 1984 · signal: see · confidence high
See United States v. White, 648 F.2d 29 (D.C.Cir.1981), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981).
discussed Cited "see" Manuel Gomez v. Maurice T. Turner, Jr., Chief of Police (2×)
D.C. Cir. · 1982 · signal: accord · confidence high
Accord United States v. White, 648 F.2d 29, 33 (D.C.Cir.1981), cert. denied, — U.S. —, 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981); United States v. Wylie, 569 F.2d 62, 76 (D.C.Cir.1977), cer t. denied, 435 U.S. 944 , 98 S.Ct. 1527 , 55 L.Ed.2d 542 (1978).
examined Cited "see, e.g." United States v. Grant (3×)
D. Del. · 2003 · signal: see also · confidence low
In United States v. Edwards, the United States Court of Appeals for the Third Circuit held that “police actions in blocking a suspect’s vehicle and approaching with weapons ready, and even drawn, does not constitute an arrest per se.” 53 F.3d 616, 619-20 (3d Cir.1995); see also United States v. White, 648 F.2d 29, 31 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981) (holding that blocking the defendant’s car with police cruisers and approaching with guns drawn constituted a reasonable Terry stop in response to an anonymous tip concerning drug activity); Uni…
examined Cited "see, e.g." People v. Garcia (6×)
Colo. · 1990 · signal: see also · confidence low
See also United States v. White, 648 F.2d 29 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981); United States v. Johnson, 540 A.2d 1090 (D.C.App.1988); State v. Webb, 398 So.2d 820 (Fla.1981); State v. Hetland, 366 So.2d 831 (Fla.App.1979), aff'd, 387 So.2d 963 (Fla.1980); Graham v. Commonwealth, 667 S.W.2d 697 (Ky.App. 1983); Commonwealth v. Anderson, 366 Mass. 394 , 318 N.E.2d 834 (1974).
examined Cited "see, e.g." United States v. Marcus Stephen Lego (3×)
8th Cir. · 1988 · signal: see, e.g. · confidence low
See, e.g., United States v. White, 648 F.2d 29, 34 (D.C.Cir.) (various factors listed, but not weighted or compared), ce rt. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 , 70 L.Ed.2d 235 (1981).
discussed Cited "see, e.g." Molina v. State (2×)
Tex. App. · 1988 · signal: see, e.g. · confidence low
See, e.g., United States v. White, 648 F.2d 29, 34 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 235 (1981).
examined Cited "see, e.g." Millwood v. State (3×)
Md. Ct. Spec. App. · 1987 · signal: compare · confidence low
Compare United States v. White, 648 F.2d 29 (D.C.Cir.) cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 , 70 L.Ed.2d 235 (1981) and State v. Jernigan, 377 So.2d 1222 (La.1979), cert. denied, 446 U.S. 958 , 100 S.Ct. 2930 , 64 L.Ed.2d 816 (1980) 2 with Lunsford v. State, 652 P.2d 1243 (Okla.Cr.1982) and State v. Temple, 65 Haw. 261 , 650 P.2d 1358 (1982).
Retrieving the full opinion text from the archive…
Orson G. White
v.
United States and Lawrence Anderson v. United States
80-6704; 80-6759.
Supreme Court of the United States.
Oct 13, 1981.
454 U.S. 924
White, Brennan, Marshall.
Cited by 96 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #27,758 of 633,719
Citer courts: District of Columbia Court of … (4) · District of Columbia (3) · D.C. Circuit (1)
Reporter's Syllabus — editorial summary, not part of the Court's opinion

On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit.

The petitions for writs of certiorari are denied.

Justice WHITE, with whom Justice BRENNAN and Justice MARSHALL join, dissenting.

Lead Opinion

C. A. D. C. Cir. Certiorari denied. Reported below: 208 U. S. App. D. C. 289, 648 F. 2d 29.

Dissent

Justice White, with whom Justice Brennan and Justice Marshall join,

dissenting.

Two Terms previous, I dissented from a denial of certiorari that left the state and lower federal courts in conflict and confusion over whether an anonymous tip may furnish reasonable suspicion for an investigatory detention. Jernigan v. Louisiana, 446 U. S. 958 (1980). Because it remains apparent that this difficult issue of everyday importance to law enforcement officials and citizens on the street alike requires resolution here, I am again moved to note my dissent.

The District of Columbia Police received an anonymous telephone call informing them that a young black man known as “Nicky” and wearing a blue jumpsuit had parked his 1971 Ford at No. 115th Street, N. E., entered a 1974 Oldsmobile, and driven away. The caller, who further identified the cars by color and license number, said that “Nicky” and the unidentified driver of the' Oldsmobile were involved in narcotics traffic and would be “dirty” with drugs when they returned. The caller refused to identify himself or how he obtained this information.

Upon receipt of the tip, two police officers, working out of uniform, established surveillance at the address given. They observed the Oldsmobile returning with a black male passenger in a blue sweatsuit, but saw no suspicious activity. The officers pulled their unmarked cruiser alongside the Oldsmobile partially blocking its access, displayed -police identification, approached the car with guns drawn, and ordered the men, the petitioners in these cases, out of their automobile. Heroin and narcotics paraphernalia were subsequently discovered, leading to the men’s arrest and conviction for possession of and intent to distribute heroin.

[*925] A divided panel of the United States Court of Appeals for the District of Columbia Circuit affirmed the trial court’s denial of petitioners’ motion to suppress the evidence seized from the Oldsmobile as the fruit of an invalid investigatory-stop. 208 U. S. App. D. C. 289, 648 F. 2d 29 (1981). The majority first determined that the actions of the police should be treated as a brief investigatory detention, Terry v. Ohio, 392 U. S. 1 (1968), instead of an arrest.[1] It then concluded that the stop was valid because of the specificity of the descriptions provided and the verification of that information by the police. Judge Edwards strongly dissented on both points. The majority admitted that “[t]he question whether an anonymous tip corroborated only by observation of innocent details justifies a Terry stop is a live and disputed one,” 208 U. S. App. D. C., at 303, 648 F. 2d, at 43.

Arguably, the decision of the Court of Appeals is inconsistent with our prior cases which require that reasonable suspicion be based on a sufficiently reliable informant’s tip. In Adams v. Williams, 407 U. S. 143 (1972), we not only recognized that “[s]ome tips, completely lacking in indicia of reliability, would either warrant no police response or require further investigation before a forcible stop of the suspect would be authorized,” id., at 147, but also explicitly noted that Adams presented a stronger case “than obtains in the case of an anonymous telephone tip,” id., at 146. Informers who have provided accurate tips in the past, e. g., Terry, supra, or who offer tips that can be immediately confirmed on the scene, e. g., Adams, supra, stand on a much firmer ground of reliability than anonymous telephone callers.

Other Federal Courts of Appeals have taken widely divergent positions on the reliability of an unidentified tipster. Compare United States v. McLeroy, 584 F. 2d 746 (CA5 1978), and United States v. Robinson, 536 F. 2d 1298 (CA9[*926] 1976) (no reasonable suspicion), with United States v. Rodriguez Perez, 626 F. 2d 1021 (CA1 1980), and United States v. Andrews, 600 F. 2d 563 (CA6) (reasonable suspicion), cert. denied, 444 U. S. 878 (1979). Compare United States v. DeVita, 526 F. 2d 81 (CA9 1975) (per curiam) (known but untested informant; no reasonable suspicion), with United States v. Gorin, 564 F. 2d 159 (CA4 1977) (known informer but no proof of reliability; reasonable suspicion found), cert. denied, 434 U. S. 1080 (1978). The state courts are in similar disarray.[2]

[*927] While I find the conflict in the federal and state courts sufficient reason to grant certiorari, the argument for doing so is especially strong when such uncertainty involves a fundamental aspect of law enforcement operations. Similar investigatory stops are conducted daily on the Nation’s streets. Moreover, because of the lesser quantum of evidence required, Terry stops are likely to involve innocent citizens. Here, where not only is the detention on the “outermost perimeters of the Terry doctrine,” 208 U. S. App. D. C., at 303, 648 F. 2d, at 43, but also at the very intersection between brief stops and full-scale arrests, the overall judgment of reasonableness under the Fourth Amendment is very seriously drawn into question. Conversely, the “Fourth Amendment does not require a policeman who lacks the precise level of information necessary for probable cause to arrest to simply shrug his shoulders and allow a crime to occur or a criminal to escape.” Adams v. Williams, supra, at 145. Because clarification of the boundaries of legitimate police activity under the Constitution is ultimately this Court’s responsibility, I would grant certiorari.

1

The Government concedes that the tip did not provide probable cause for arrest at the time the officers approached the car. 208 U. S. App. D. C., at 292, 648 F. 2d, at 32. See Aguilar v. Texas, 378 U. S. 108 (1964).

2

For cases finding that an anonymous tip with corroboration of innocent details does not establish reasonable suspicion, see Jackson v. State, 157 Ind. App. 662, 301 N. E. 2d 370 (1973); Commonwealth v. Cruse, 236 Pa. Super. 85, 344 A. 2d 532 (1975); State v. Wilson, 366 So. 2d 1328 (La. 1978); Commonwealth v. Anderson, 481 Pa. 292, 393 A. 2d 1298 (1978); Conor v. State, 260 Ark. 172, 538 S. W. 2d 304 (1976); Ebarb v. State, 598 S. W. 2d 842 (Tex. Crim. App. 1980); State v. Sieler, 95 Wash. 2d 43, 621 P. 2d 1272 (1980) (en banc).

For decisions finding reasonable suspicion, see State v. Hobson, 95 Idaho 920, 523 P. 2d 523 (1974); People v. Taggart, 20 N. Y. 2d 335, 229 N. E. 2d 581 (1967), appeal dism’d, 392 U. S. 667 (1968); State v. Barton, 92 N. M. 118, 584 P. 2d 165 (1978); State v. Kea, 61 Haw. 566, 606 P. 2d 1329 (1980); Radowick v. State, 145 Ga. App. 231, 244 S. E. 2d 346 (1978); Henighan v. United States, Crim. No. 80-169 (D. C. Ct. App., June 10, 1981); State v. Webb, 398 So. 2d 820 (Fla. 1981); State v. Hasenbank, 425 A. 2d 1330 (Me. 1981); Mann v. State, 525 S. W. 2d 174 (Tex. Crim. App. 1975); People v. Tooks, 403 Mich. 568, 271 N. W. 2d 503 (1978).

While the determination of reasonable suspicion is heavily dependent on the specificity of the information, the amount of verification, and the urgency of a particular situation, the conflicting results cannot be explained as accounting for different factual patterns. Compare People v. De Bour, 40 N. Y. 2d 210, 352 N. E. 2d 562 (1976) (anonymous call that black man in bar wearing red shirt had gun; no reasonable suspicion), with State v. Jernigan, 377 So. 2d. 1222 (La. 1979) (anonymous call that black man in bar wearing yellow shirt and blue pants had gun; reasonable suspicion), cert. denied, 446 U. S. 958 (1980). Also compare Jackson v. State, supra (anonymous call that man in car, precisely located, had gun; no reasonable suspicion), with People v. Taggart, supra (anonymous call that man on corner, precisely located, had gun; reasonable suspicion).