Anonymous Informants in DUI cases

jpadmin   November 26, 2015   Comments Off on Anonymous Informants in DUI cases

Courts around the country act differently to whether DUI stops that are based on anonymous tips can be lawful. The US Supreme Court will not directly address what criteria is necessary to allow a drunk driving detention that is based on anonymous tips. The courts however have dealt with these anonymous tips in other contexts.

Take for example a recent Florida drug case, in which the Supreme Court held up a detention of suspected drug couriers that was based on an anonymous tips. Informants accurately said when the suspect would leave apartment, which car they would be driving, what motel would be visited. The police then had reasonable suspicion for them to detain that suspect because anonymous tipsters accurately predicted future movements of suspect with certainty.

In another Florida court case, an anonymous tip didn’t have sufficient evidence to detain of a young male in plaid shirt at a bus stop carrying his gun. Police had no information though about this informant.

The 9th Circuit has also tried to standardize the propriety of anonymous tips and detention. Courts set forth the following requirements: tip must include range of details; tip can’t describe observed facts and conditions, must predict suspect’s future movements.

Addair Thurston Chtd. can give you further vital information on this subject.