Monday, November 9, 2009
The Supreme Court of the United States addresses DUI tipsters
In what is rather a rare situation, the United States Supreme Court is reviewing (and eventually answering) the question of whether or not an anonymous tip of possible drunk driving to a police department is sufficient to give police officers of that department the right to pull over that driver. In the case of Virgina v. Harris, the prosecution is trying to convince the United States Supreme Court that the Supreme Court of Virginia was wrong when that Virginia Court held that an anonymous tip is not enough for a police officer to pull over the driver - and that the officer must actually see the driver driving poorly before that officer can pull over the driver. Since the case just got to the United States Supreme Court, it may indeed be sometime in the future before we get an an answer to this question. The answer to this question shall be binding on all states in the Union - including Ohio. Ohio currently allows for anonymous tips to provide enough "reasonable suspicion" for the police to pull over a driver if the tip was proven to be "reliable" and the tip has not gotten stale over time. Stay tuned . . . We will let you all know as soon as we get the ruling.