Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant argued that the officer did not have reasonable suspicion necessary for a stop because the defendant was stopped based solely on a face-to-face tip from an unknown informant that the defendant was drunk and had been involved in an accident. The Panel noted that the RI Supreme Court has held that stopping a vehicle based solely on an anonymous tip that the operator is driving under the influence is unconstitutional. State v. Bjerke, 697 A.2d 1069, 1072 (R.I. 1997). The Panel held that, because the Officer’s first words to the Defendant upon stopping him were to ask whether the Defendant had hit another vehicle, the Officer’s intent in making the stop was to investigate the hit and run. Noting the distinction between an unnamed citizen informant and an anonymous informant, the Panel then considered whether this unnamed citizen informant could have furnished reasonable suspicion in the mind of the Officer. Citing federal case law, the Panel noted that a face-to-face informant is considered more reliable than a telephone informant because it exposes the citizen to criminal liability for making a false accusation. The Panel emphasized that the informant had personally witnessed the alleged accident, that the informant provided a detailed description of the Defendant’s vehicle before it drove by and then pointed it out to the Officer, and that exigent circumstances in the interest of public safety justified the Officer’s decision to stop the Defendant before he disappeared into the night. The Panel held that, based on the totality of the circumstances, the Officer was justified in relying on the informant’s tip despite the failure of the Officer to obtain the identity of the tipster. Accordingly, the Panel sustained the charged violation.
Town of South Kingstown v. Mark Kemp, C.A. No. T11-0011 (May 11, 2011) 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