Anonymous Tips

The state appealed the decision of the trial judge dismissing the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test).  The state argued that the officer did have reasonable grounds to stop the defendant based on a tip from a private citizen stating that the defendant was driving erratically, he was all over the road, and he almost sideswiped a car.  The Court held that the officer did not have reasonable suspicion to the stop the defendant because the officer did not independently corroborate the information provided by the informant nor did he observe the defendant commit a traffic violation.  Further, the Court noted that even though the caller was not anonymous, the reliability of the information was not proven because the informant had not previously provided information to the police and she only relayed that the defendant was possibly intoxicated and the make, model, license plate, and location of the defendant.  Accordingly, the Court affirmed the decision of the trial judge dismissing the charges against the defendant.

Town of North Smithfield v. Thomas Casperson, C.A. No. T11-0034 (January 17, 2012).pdf