If your case involved an anonymous informant, the Napa County Creek DUI law firm that represents you may be able to explain how this may affect your case. Additionally, your Napa County Creek DUI law firm may be able to explain cases that serve as precedent or may influence the outcome of your case.
Courts across the nation handle cases differently when they involve a DUI stop that has been triggered by an anonymous tip. However, the United States Supreme Court has not handled this question head-on. The highest court in the US has dealt with anonymous tips that are made in other contexts but not a DUI stop.
In one Florida drug case, the Supreme Court held that a drug courier was detained appropriately after there was an anonymous tip because the informant predicted the time that the suspect would leave the apartment, which vehicle the suspect would be driving and the destination of her travel. In another case, the Supreme Court held that an anonymous tip lacked sufficient predictability to justify detaining a male defendant. The police did not have any information pertaining to the informant. A Napa County Creek DUI law firm can explain that the difference between these two cases lies in the informant’s ability to predict the suspect’s future behavior.
Ninth Circuit Test
The Ninth Circuit has attempted to establish standards in analyzing cases involving informant tips. Four requirements that are needed for reasonable suspicion include the following.
- The tip has to include details
- The tip must predict future movements of the suspect
- Police observation must corroborate future movements
If you would like more information on this subject, contact Napa County DUI attorney Blackie Burak at 1-866-BLCKDUI.