DUI Stop: Police Must Observe Erratic Driving
Police cannot stop a driver and administer a sobriety test based solely on receiving an anonymous tip, based on a ruling by the U.S. Supreme Court. The policeman must personally observe erratic driving before stopping a suspected drunken driver.The high court let stand a Virginia Supreme Court ruling in the case of Virginia v. Joseph Harris that overturned his DUI conviction.
Harris was stopped after Richmond police received a call about his erratic driving. An officer spotted Harris driving on Meadowbridge Road, but did not see him swerve or weave. The officer stopped Harris, smelled alcohol and administered a roadside sobriety test, which Harris failed.
No Reasonable Suspicion?
It was the third DUI arrest for Harris. At his trial, his attorney argued that the policeman had no reasonable suspicion needed to justify the traffic stop. The trial judge rejected the argument and a state appeals court affirmed his decision.
Harris was convicted and sentenced to 90 days in jail. The Virginia Supreme Court overturned his conviction on a 4-3 vote, ruling that the anonymous tip alone did not provide enough evidence to overcome Fourth Amendment protections against unreasonable searches and seizures.
The police officer must personally observe criminal activity before a stop is justified, the Virginia court ruled. The Virginia attorney general's office appealed the decision to the U.S. Supreme Court.
'One Free Swerve'
Last week, the high court refused to hear the appeal without comment. Chief Justice John Roberts and Justice Antonin Scalia filed a dissent, however.
"The effect of the rule below will be to grant drunk drivers 'one free swerve' before they can legally be pulled over by police," Roberts wrote.
"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."
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Supreme Court Declines to Set Rule on Drunk Driving Stops
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Virginia got it right,cant police find a legit reason to pull over a vehicle with the hundreds of traffic laws to choose from ….now they want to pull people over on the say so of a unidentified person ,whats to stop police from calling in there own tips ? or vindictive people trying to make trouble for a driver who pissed them off in some way….this is just wrong and shouldnt be allowed ….if the person is so drunk that the tipster susposedly felt the need to call wouldnt the cops minutes latter see the same thing?…..ridiculous….its hard to beleive 46 states allow this …the more people who know about this the more this WILL be abused and used as a tool for revenge and will take police away from people who are commiting real crimes.