Just last term the United StatesSupreme Court held in McNeely v. Missouri, that a warrant is presumptively required before obtaining a blood sample from a drunk driving supsect. However this week, in Navarette v. California, the United States Supreme Court, in a 5-4 decision, held that a police officer does not have to confirm an anonymous tip of reckless driving before stopping a vehicle.
A woman who actually identified herself on a 911 call, but was not identified in court, said she had been run off the road by a truck, and provided a description and tag number. An officer located the truck and followed it without observing any other traffic violations. A five member majority found that even though no other violations were observed by the police officer, the officer had articulable reasonable suspicion of drunk driving under the totality of the circumstances. The Court suggested that if the information provided by the caller had been less specific or the offense alleged less serious, that the information would have been insufficient to justify the stop.
Justice Scalia, writing in dissent disagreed.
Drunken driving is a serious matter, but so is the loss of our freedom to come and go as we please without police interference. To prevent and detect murder we do not allow searches without probable cause or targeted Terry stops without reasonable suspicion. We should not do so for drunken driving either. After today’s opinion all of us on the road, and not just drug dealers, are at risk of having our freedom of movement curtailed on suspicion of drunkenness, based upon a phone tip, true or false, of a single instance of careless driving. I respectfully dissent.
If you are facing criminal or traffic charges in Maryland state or
federal court, call Leonard R. Stamm of Goldstein
& Stamm, P.A. at 301-345-0122 for a free consultation.
Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, MD 20770
Author: West’s Maryland DUI Law