If you have been arrested for a DUI, you may be wondering if there is anything that might help your defense and possibly lead to getting your charges dropped. If you were arrested due to a call the police from an anonymous tipster, there may in fact be a chance of your arrest being found unlawful. A Milwaukee DUI attorney may be able to help you prepare your defense and answer your specific questions, but here are some examples of cases in several states where DUI stops based on anonymous tips were found unlawful.
In one Georgia case, an anonymous tip was made to the police that contained no prediction of future behavior and no means of judging the tip’s reliability. There was no information in the tip that could be used to establish the caller’s reliability or honesty, or to confirm the reason for the caller’s prediction. For this reason, the DUI stop instigated on the basis of this tip was found unlawful.
In one Indiana case, a caller made a tip that a vehicle was being driven recklessly. The tip was not fully anonymous, as the caller had revealed his/her name to the police, however the police had not completely confirmed the identity of the caller. Because the police were not able to verify that the caller was a concerned citizen instead of an imposter or prankster, the Indiana court ruled the DUI stop based on the tip unlawful.
In one Texas case, a call was made to the county sheriff’s office that a red pickup truck was seen driving the wrong way on the freeway. The call did not reveal the caller’s identity, location, or give any other information that could be used to confirm the tip. For this reason, the Texas court found the stop unlawful, urging that caution must be taken when an anonymous tip is used. The court found that an anonymous tip alone “seldom provides the reasonable suspicion necessary to authorize an investigative stop and detention.”
If you have been arrested for DUI due to an anonymous tip, contact a Milwaukee DUI attorney at Vanden Heuvel & Dineen, S.C. to see if you might have a legitimate defense.