If you are facing trial, a Walnut Creek DUI attorney may be able to offer you the representation you need. Anonymous informants are an often misunderstood yet important component to many DUI cases. Courts across the United States have differed on whether DUI stops based on tips from anonymous witnesses should be legal. The Supreme Court has not issued a direct decision on whether it is permissible to detain someone on suspicion of a DUI based on an anonymous tip. However, other cases provide context to such matters.
Anonymous DUI Tips
The Court held up the detention of a driver suspected of being a drug courier based on an anonymous tip. The informant predicted when the suspect would leave home as well as multiple details of her travel behavior. The Court determined that police had reasonable suspicion to detain the driver since the anonymous source was accurate in multiple regards. In another case, the Court determined that an anonymous tipster did not give sufficient predictability to detain a young man at a bus stop who was carrying a gun. There was no information known about the anonymous informant. The ability of the informant to predict the suspect's behavior may be the deciding factor in each case. The Ninth Circuit has made an attempt to clarify the standards used in processing anonymous tips for the purpose of suspect detention. The court determined that the tip must include a range of details, not simply describe easily observed facts, predict the suspect's future movements and predict movements that are corroborated by police witness. If you have been accused of a crime, a Walnut Creek DUI lawyer may be able to help prove that the anonymous witness did not meet such standards of conduct.
Contact Our Walnut Creek DUI Attorney
Call the Law Office of Blackie Burak today at (925) 933-4500 to speak with a Walnut Creek DUI lawyer.