Can Cops Legally Stop You For DUI Based On Anonymous Tips?
Driving under the influence of drugs and alcohol puts everyone on the road in danger. It's understandable, then, that people would phone in suspicious driving to the various anonymous tip lines available. However, is it really legal for police to stop and arrest you based on information from an unknown source? It depends on where you live and the circumstances of your case.
Probable Cause
The Fourth Amendment of the United States Constitution protects American citizens from unreasonable searches and seizures. Among other things, this prohibits police from stopping and searching a person without probable cause. This means that a law enforcement officer must believe or have reason to believe a crime is being committed before he or she can lawfully stop a citizen, question the person about the crime and/or search the individual.
If the police officer does not have probable cause for stopping an individual, an attorney can have any evidence collected during the incident suppressed which can lead to a dismissal of charges.
Anonymous DUI Tips
In general, police can rely on eye witness testimony for probable cause. For instance, if a person witnesses you drinking and then driving a vehicle, the police can use the individual's testimony to stop you, make you perform a sobriety test and arrest you if it appears you were driving while intoxicated.
However, the difference between this type of testimony and an anonymous tip is that a known eye witness can be compelled to testify in court. This is not the case with unknown informants which make arrests based on anonymous tips problematic. A police officer could use this excuse–without being required to produce evidence of the "anonymous tip"–to stop a person even when that individual is doing nothing wrong.
Nevertheless, all states except for 4 have laws or court rulings on the books upholding the legality of police stopping drivers based on anonymous tips. Additionally, the Supreme Court has ruled that cops can rely on anonymous tips as long as the person calling:
- Provides adequate information that allows the police to identify the car
- Indicates he or she observed the problematic driving
The only 4 states that place limitations on police in this area are Connecticut, Wyoming, Massachusetts and Virginia. In these states, the police can follow up on information relayed in an anonymous tip (e.g. look for the person who is allegedly driving drunk). However, the officer must observe the illegal behavior (e.g. watches the person cross the center line) before he or she can stop the person. If the driver isn't doing anything illegal, then the officer's authority to arrest is severely limited.
If you were arrested for a DUI and the officer stopped you based on information obtained from an anonymous tip, it's essential that you speak to a criminal attorney. Based on the circumstances of the case, the attorney, such as Jones Auger & Auger, may be able to challenge the legality of the stop and get your case dismissed.
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