The International Police need more than tip to stop drunken driver
WASHINGTON -- The Supreme Court yesterday cast some doubt on the legal authority of a police officer to pull over a suspected drunken driver based solely on a caller's tip.
Over a strong dissent by Chief Justice John G. Roberts Jr., the court let stand a Virginia Supreme Court ruling that held a police officer can follow but cannot stop a suspected drunken driver's car until he sees it do something suspicious, such as swerve in a lane.
"The effect of [this]) rule will be to grant drunk drivers 'one free swerve' before they can be pulled over by the police," Chief Judge Roberts said. "It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check."
The chief justice noted that hot lines and other services encourage the public to report suspected drunken drivers. Justice Antonin Scalia joined Chief Justice Roberts in dissent.
The Supreme Court's action is not a formal ruling, and it does not require other states to follow Virginia's lead. But the case is likely to encourage more legal challenges to police stops that rely solely on anonymous tips.
The Virginia ruling freed Joseph Harris of Richmond, who was arrested early one morning after a caller reported that his green Nissan Altima was headed south on Meadowbridge Road. The tip included a partial license plate number as well as Mr. Harris' name.
Mr. Harris stumbled out of his car and was obviously intoxicated when the officer tried to question him. Nonetheless, the Virginia court said it was an "unreasonable search" to stop and question a motorist based entirely on a caller's tip. Most state courts, including those in California and Illinois, have upheld car searches based on a tip from a caller, so long as the vehicle matches the description given.
By a 7-2 vote yesterday, the justices turned down without comment an appeal from Virginia prosecutors, which was backed by Mothers Against Drunk Driving.
The group said more than 12,000 Americans die every year in alcohol-related crashes. Its lawyers argued that the Virginia rule, if adopted widely, would crimp efforts to get drunken drivers off the road before they cause injuries or death.
Nine years ago, in a case involving a Miami youth who was arrested at a bus stop, the court said police cannot search a pedestrian based solely on an anonymous call. In that case, a caller said a youth with a plaid shirt was carrying a gun. The Virginia judges cited that precedent when ruling in favor of the drunken driver.
Previous Post's: Google Chrome aims Indian users
