Even if you aren’t carrying marijuana in your car, someone could report you to 911.
The standard for determining whether a traffic stop is constitutional or not is whether the police had reasonable suspicion of criminal/illegal activity.
Last April the Supreme Court issued a decision which will have an impact on DUI and other traffic stops not only in the state of Washington, but nationwide. In this 5 to 4 decision, the Court said that an officer can use an anonymous 911 call as reasonable suspicion. This means if someone is interested in causing problems for you, this individual can call 911 and give the description of your vehicle.
Justice Thomas spoke for the majority when he said that the 911 call was sufficiently reliable for officers to use it as a basis for reasonable suspicion. The decision came from a California case when an anonymous 911 caller reported that an F-150 ran them off of the highway. A state patrol officer made contact with the F-150 several minutes later and pulled it over. The officer discovered 30 pounds of marijuana in the bed of the truck. The defendants wanted the evidence suppressed since they felt the police did not have reasonable suspicion.
Justice Scalia attacked the majority opinion as creating a new rule that “so long as the caller identifies where the car is, anonymous claims of a single instance of possibly careless or reckless driving, called in to 911, will support a traffic stop.”
Justice Scalia’s points out several problems with the dependence on the 911 call for reasonable suspicion. One concern is the anonymity of the caller.
In the second and third parts of Justice Scalia’s dissent, he attacks the Court’s ruling that the one incident of swerving on a highway gives reasonable suspicion to pull over the driver for driving while intoxicated.
This ruling could impact Vancouver, Washington drivers, because every driver is now at risk of being pulled over based upon a phone tip. If someone is mad at you, they can call 911.
If you are stopped or given a ticket or arrested, you need to hire an attorney to assist you in fighting the charges. This April Supreme Court decision shifts the playing field once again. However, you deserve to be represented by someone who understands your best defense. Call Lambert Law with any DUI or other charges you face. 360-737-1473.
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