The Supreme Court has ruled that certain anonymous tips can be valid in DUI stops.
Across the United States and here in California, lawmakers have taken a number of steps to stop people from driving under the influence of alcohol or drugs. This may include harsh penalties if you are caught, such as losing your license, fines, community service, or even jail time. In some places, the government has also encouraged other drivers and people to call them if they see a driver who they believe is under the influence. But if someone reports you for drunk driving, is that enough to justify the police stopping you?
According to a Santa Ana DUI defense lawyer, the police can use anonymous tips to stop a driving on suspicion of driving under the influence (DUI) of alcohol or drugs. This is despite the fact that an anonymous caller might have other motivations, like revenge, or may just mistake erratic or poor driving for someone being drunk or on drugs. Even though the police have no way of knowing if an anonymous caller is telling the truth, it is often sufficient to justify a DUI stop and arrest.
In 2014, the United States Supreme Court decided the case of Prado Navarette v. California, holding that law enforcement can use anonymous tips to stop a suspected drunk driver. In the underlying case, the California Highway Patrol (CHP) pulled over a motorist after a call from an anonymous person. The caller stated that they had been run off Highway 1 near Fort Bragg, and gave a description of the vehicle and its license plate number. CHP then pulled over the vehicle; as it did so, the CHP officer smelled marijuana and found four bags of marijuana inside the truck bed. The two occupant of the truck, Lorenzo Prado Navarette and José Prado Navarette, were arrested for transporting marijuana.
The brothers challenged the evidence that law enforcement recovered as a result of the stop, arguing that the CHP did not have reasonable suspicion to stop them. Under the Fourth Amendment of the Constitution, they argued, this evidence should be suppressed. Their motion was denied, and the brothers ultimately pled guilty to the charges against them. After several appeals, the United States Supreme Court heard the case. It found that under certain circumstances, an anonymous tip can provide reasonable suspicion to make an investigatory stop.
As a Santa Ana DUI defense lawyer can explain, in this case, the call was reliable because the tipster (1) was an eyewitness to the dangerous driving; (2) the call was made contemporaneously with the incident; and (3) the caller used 911, knowing that the call could likely be traced. Under these circumstances, the tip was sufficiently reliable so that the officers did not need to observe the dangerous driving in order to have reasonable suspicion to stop the car. Once the car was stopped on suspicion of drunk driving, the CHP found evidence of another crime — transporting marijuana.
The Supreme Court and California courts who approved the trial court’s ruling found that the danger of drunk driving is so high that allowing anonymous tips is necessary to protect others on the road. However, it does raise the possibility that any driver who makes a mistake while driving could be the target of an anonymous tip that could lead to a traffic stop. As with the Prado Navarette case, this could then lead to other criminal charges.
If you have been charged with DUI or any other crime based on an anonymous tip, it is vital to have a highly skilled Santa Ana DUI defense lawyer to represent you. While anonymous tips are permitted under this Supreme Court ruling, a skilled attorney can challenge the reliability of the tip — and potentially have the evidence against you suppressed.
At the Chambers Law Firm, we are dedicated to fighting for our clients’ rights. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
