Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

Can an anonymous tip be enough to justify a stop of a vehicle for DUI?

Friday, March 27, 2009 by Matthew J. Ruff

This commonly asked question was answered in the case of People v. Wells, 38 Cal.4th 1078 (2006). In that case an anonymous caller in Kern County reported a possibly intoxicated driver ?weaving all over the roadway in a 1980s model blue van. The van was reportedly traveling northbound on Highway 99 at Airport Drive, north of Bakersfield. A CHP officer who heard the report happened to be only 3 or 4 miles north of that location, and he knew there was only one exit between him and the location. He waited and, 2 to 3 minutes later, a northbound blue 1980s-era van passed him. Although the police officer observed no weaving, speeding or other traffic violation, he stopped the van on suspicion of DUI.

The Court found that the anonymous call was sufficient to establish reasonable suspicion for the stop. A blue 1980s van is a fairly distinctive vehicle, so the officer could reasonably believe it was the vehicle described. In addition, the Court noted that a drunk driver poses a far more grave and immediate risk to the public than a person who passively possesses a gun (as was the allegation in a previously decided case called "J.L".). As in previous cases, the Court also pointed out that a traffic stop is much less intrusive and embarrassing than a frisk conducted on a public street (which is what occurred in J.L.). Any doubts regarding the reliability or sincerity of the tipster were reduced by the fact the tip came via a phoned-in report of a contemporaneous act of recklessly driving presumably viewed by the caller. Moreover, the officer confirmed the relatively precise and accurate description given by the tipster the type of vehicle as well as its color, location and direction of travel within minutes of the report, which also enhanced the reliability of the tip. Despite seeming similarities to J.L., the Court concluded a different result was warranted in this case.

A Bakersfield DUI Attorney can help evaluate the facts in any particular case to determine if they comport with the law.

Posted at 07:22 AM

Topic: DUI/DWI