Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 31-27-2.1 (refusal to submit to a chemical test). Defendant asserted that he was stopped in violation of the Fourth Amendment because the officer lacked reasonable suspicion. The officer admitted at trial that he did not observe the defendant commit any traffic violations or observe any indicia of intoxication before he stopped the defendant and that the sole basis for the stop was in reliance on “departmental knowledge” allegedly provided by a witness who followed the defendant and informed the dispatcher that the defendant had been in an accident, was possibly intoxicated, and provided the make, model, and license plate. The District Court held that although the officer acted properly in stopping the defendant, the correct analysis under Fourth Amendment precedent for warrantless stops was to inquire whether the “communicating” officer possessed reasonable suspicion to instigate the stop. Here, the Court held that the state did not meet its burden in proving that the dispatcher had reasonable suspicion to instigate the stop because the state failed to prove that the alleged telephone call by the witness was ever made. After suggesting that the state’s failure to meet its burden was enough by itself to recommend reversal, the Court went on to note that following the line of analysis laid out in Alabama v. White, 496 U.S. 325 (1990), the anonymous tip failed to meet the standards of “veracity, basis of knowledge, and reliability” because the information did not have any predictive value and the police only corroborated the make, model, and license plate of the defendant. Accordingly, the Court dismissed the violation against the defendant.
Richard DiPrete v. State of Rhode Island, A.A. No. 10-0173 Anonymous Tips
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions