The Supreme Court cast some doubt today on the legal authority of a police officer to pull over a suspected drunk driver based solely on a caller’s tip.
Over a strong dissent by Chief Justice John G. Roberts Jr., the high court let stand a Virginia Supreme Court ruling that held a police officer can follow but cannot stop a suspected drunk driver’s car until he sees it do something suspicious, such as swerve in a lane….
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 had reported his green Nissan Altima was headed south on Meadowbridge Road. The tip included a partial license plate as well as his name.
Harris stumbled out of his car and was obviously intoxicated when the officer tried to question him. Nonetheless, the Virginia high 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.