Anonymous Tip Insufficient to Justify Traffic Stop
Can police stop a car when an anonymous caller to 911 says the driver of a particular vehicle was yelling at her kids and appeared to be intoxicated? The Michigan Supreme Court answered in the negative yesterday in People v Pagano . The 911 caller, according to the officer's recollection of what dispatch said (the tape was not entered as evidence), said they were " conce rned because she had ah children with her and she was yelling; appearing to be obnoxious; and appeared to be intoxicated um that was causing her behavior ah with the children. And then had left is why the caller thought she was intoxicated." The caller gave the license plate number, the make, model and color of the car and the direction the defendant was headed. Thirty minutes later, a deputy found the car and followed the defendant, but did not make any independent observation of drunk driving or any civil infraction. The defendant was charged with OWI, Child Endangerment and Open Intox. After an evi...