Anonymous Tips

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). The issue in this case was whether a tip received by police provided sufficient reasonable suspicion to make an investigatory stop of the defendant’s vehicle for suspicion of driving under the influence. Here, the District Court concluded that there was a sufficient basis to create reasonable suspicion to justify the stop because two anonymous callers provided information that the defendant was operating a vehicle under the influence; the callers provided information such as the make, model, license plate, and direction of travel of the defendant’s vehicle, which allowed the police to identify the vehicle immediately; and the police observed the vehicle turn “kind of erratically” into the driveway of a school. The Court went on to note that there was a sense of urgency that did not allow the officers an opportunity to follow the car to make independent observations without placing the driver, or other drivers, in danger if the tip was accurate. Additionally, the intrusion of the stop was minimal, because, if the driver had not shown indicia of intoxication, then he would have been released. Consequently, the Court sustained the violation against the defendant. Alan Lunsmann v. State of Rhode Island, A.A. No. 03-55 (November 8, 2005).pdf