Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Police responded to a call from a D’Angelo’s sandwich shop employee that indicated that Defendant may have been driving under the influence. Based on the vehicle registration number, a police officer located the vehicle in a parking lot at a different location. Defendant was found in the driver’s seat with the engine running. Upon approaching the vehicle, the officer noticed a D’Angelo’s sandwich in the vehicle, and Defendant admitted that he “had just come from D’Angelo’s.” Defendant argued that the officer did not have reasonable suspicion to stop Defendant because the officer relied upon information from an anonymous tip. The District Court held that the statement given by a private citizen to the dispatch officer could be viewed as reasonably trustworthy because the caller, while unnamed, was identifiable and, therefore, not a “purely anonymous tipster.” Moreover, the District Court indicated that tips may no longer require validation at trial in Terry-stop cases because the Supreme Court of the United States did not require such validation in Navarette v. California, 572 U.S. 393 (2014). The District Court concluded that the information contained in the tip, combined with corroborating evidence, was sufficiently reliable to give the officer reasonable suspicion for the stop. Accordingly, the District Court affirmed the decision of the Appeals Panel.
David DiOrio v. State of Rhode Island, A.A. No. 19-20 (December 19, 2019)
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