Defendant appealed a trial magistrate’s decision sustaining a violation of G.L. 1956 § 31-27-2.1 (refusal to submit). Police responded to a call from a D’Angelo’s sandwich shop employee that indicated that a customer had departed who may not have paid for his food and who may have been driving under the influence of alcohol. Based on the vehicle’s description, a police officer located the vehicle in a parking lot. 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 was ultimately arrested for suspicion of DUI and refused to submit to a chemical test. On appeal, Defendant argued that the trial magistrate erred because the officer did not have reasonable suspicion to conduct a motor vehicle stop.

The Appeals Panel concluded that the D’Angelo’s sandwich shop employee’s call, combined with the detailed description of Defendant and his vehicle, provided the officer with reasonable suspicion to justify a stop. As such, the Appeals Panel held that the trial magistrate’s decision as not clearly erroneous. Accordingly, the Appeals Panel affirmed the trial magistrate’s decision.