Also known as:indicia of reliabilities · indicium of reliability · reliability indicia
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances or features that indicate a statement, tip, confession, or expert opinion is trustworthy. Such indicia include predictive details later corroborated, particularized guarantees of trustworthiness, or other markers that support reliability under the governing legal standard.
Sources & Authorities
How it applies
Common Examples
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Predictive Tip Supports Terry Stop
An anonymous caller told officers that Idina Iverson would exit a downtown co-working space at 8 p.m., drive her blue hatchback two blocks east, and meet a contact in a parking garage to exchange stolen source code. Officers observed Iverson follow the exact sequence of movements. The corroborated predictions supplied sufficient indicia of reliability to justify the stop.
Bare Description Yields No Suspicion
An anonymous caller reported that Ismael Ibrahim, wearing a white linen shirt and standing by a hotel fountain with two rolling suitcases, was transporting illegal firearms. Officers confirmed only the visible description and location before frisking him. The absence of predictive information or other indicia of reliability meant the tip could not justify the stop and frisk.
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Cases
Casebooks
Hornbooks
Course Outlines
Study Supplements
Technical Expert Testimony Evaluated
Ines Ibarra offered a computer scientist to testify that a rival algorithm did not infringe a patent, relying on a self-developed benchmarking script. The court conducted a Daubert hearing and considered whether the script had been tested, peer-reviewed, or shown to have a known error rate. The flexible approach permitted the court to weigh these indicia of reliability for technical expertise.
Expert Data Supports Clinic Ruling
Israel Irving, an expert witness, presented research tracking the number of open abortion clinics and projected patient volume increases after new facility requirements took effect. The district court credited the testimony after finding indicia of reliability in the underlying data collection methods and participation of university researchers. The findings supported the conclusion that the requirements would impose an undue burden.
Whole Woman’s Health v. Hellerstedt579 U.S. 582 (2016)
Confession Lacks Extrinsic Reliability
Iain Irons, who suffered from severe mental illness, walked into a police station and confessed to a homicide. No physical evidence or independent witnesses linked him to the crime. The absence of substantial indicia of reliability extrinsic to the confession itself prevented its admission under due process standards.
Colorado v. Connelly479 U.S. 157, 169-70, 107 S.Ct. 515, 523, 93 L.Ed.2d 473, 486 (1986)
Scientific Testimony Gatekept
Isabella Ingram offered expert testimony that a medication caused birth defects, relying on animal studies and reanalysis of existing data. The court assessed whether the methodology had been tested, subjected to peer review, and generally accepted in the scientific community. These indicia of reliability determined whether the testimony could reach the jury.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Common questions
Frequently Asked
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What makes an anonymous tip sufficiently reliable for a Terry stop?+
An anonymous tip carries sufficient indicia of reliability when it accurately predicts the suspect's future movements or conduct that officers can corroborate in real time. Such predictions suggest the tipster possesses inside knowledge of criminal activity rather than merely describing observable facts.
Supporting sources
When does a tip fail to supply reasonable suspicion?+
A tip fails when it merely describes a person's visible characteristics and location without predictive information or other indicia demonstrating inside knowledge. Officers who corroborate only innocent details obtain no basis for a stop or frisk.
Supporting sources
How do courts assess reliability of non-scientific expert testimony?+
Courts apply a flexible, case-specific inquiry and may consider the Daubert factors or any other appropriate indicia of reliability suited to technical or specialized fields. The gatekeeping function requires evaluating whether the principles and methods are reliable and reliably applied to the facts.
Supporting sources
What role do indicia of reliability play in due-process analysis of confessions?+
Due process requires substantial indicia of reliability, based on evidence extrinsic to the confession itself, before admitting a confession from a mentally ill person. A bare confession lacking such external markers cannot support conviction.
Supporting sources
509 U.S. 579, 592 (1993)Evidence
…the degree to which he can tailor his testimony to serve a party's interests. Then, too, independent research carries its own indicia of reliability, as it is conducted, so to speak, in the usual course of business and must normally satisfy a variety of standards to attract funding and institutional support. Finally, there is usually a…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Arrest, search, and seizure [Fourth Amendment]NEXTGENFoundational