Anonymous Tips and DUI Traffic Stops
Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop.
The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description nearby and pulled it over. While speaking to the driver, the officers smelled marijuana. They found four large bags of marijuana in the truck bed during a search of the vehicle.
Police arrested the driver and a passenger for transportation of marijuana and possession of marijuana for sale. The two moved to suppress the evidence obtained at the traffic stop, arguing that the police did not have a reasonable suspicion of law-breaking to justify the stop. Prosecutors argued that the anonymous tip plus the police officers’ observation of information matching the tip was enough for reasonable suspicion. Several courts agreed with the prosecutors, and the case made its way to the Supreme Court for a final decision.
The Supreme Court’s written opinion in Navarette states that courts must consider the totality of the circumstances in evaluating whether officers had a reasonable suspicion. United States v. Cortez, 449 U.S. 411, 417 (1981); Alabama v. White, 496 U.S. 325, 330 (1990). Police do not have to personally observe all information that informs their decision to make a traffic stop. As long as a police officer has reason to believe that an anonymous tip is reliable, it can constitute part of the information that results in the reasonable suspicion. Alabama v. White, 496 U. S. 325, 329 (1990).
The anonymous caller in Navarette claimed to have been run off the road (an eyewitness), was calling shortly after the incident occurred, called 911, and reported driving consistent with drunk or intoxicated driving. As a result, the police did not need to personally observe the driver at length to have a reasonable suspicion. An anonymous tip coupled with a brief observation was enough to create reasonable suspicion of criminal activity sufficient to justify an investigatory traffic stop in Navarette. Terry v. Ohio, 392 U. S. 1 (1968).
Have you been charged with a DUI in Oklahoma based on an anonymous tip and don’t know where to turn? Seek out the attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.