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Name: People v. Rivera
Case #: S138898
Court: CA Supreme Court
District CalSup
Opinion Date: 06/14/2007
Summary

The Fourth Amendment does not require police to corroborate an anonymous tip before initiating a consensual encounter – in this case, seeking consent from a resident to enter and search a residence. A police officer received an anonymous tip that defendant who may have been the subject of a warrant was at a specified residence. Without corroborating the tip or seeking any information as to defendant, the officer went to the address provided and asked and received permission from the homeowner to search the residence. Defendant was found in a small doorless shed in the backyard and after stating that he had a knife on his person, was handcuffed. The police then confirmed that he was the subject of an outstanding warrant. The Supreme Court found that because the encounter with the homeowner was consensual, the Fourth Amendment was not implicated and the consent search was valid, but did note that after receiving valid consent to search the residence, a lawful basis to detain defendant was still required.