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In a tremendous setback for civil rights and privacy rights, the California Supreme Court has ruled that law enforcement can use anonymous tips to stop suspected drunk drivers even if an officer doesn’t witness any illegal activity. A California attorney plans to appeal the ruling to the U.S. Supreme Court.
In a 4-3 decision, the court ruled that a California Highway Patrol officer acted properly when he pulled over a San Joaquin Valley woman after an anonymous caller said the woman’s van was weaving, even though the officer witnessed no signs of impairment. The woman later failed a field sobriety test and was arrested on suspicion of heroin possession.
As a result of this ruling, the police in California have the broadest powers in the nation to pull over suspected drunk drivers and other motorists based solely on anonymous tips. Recently, the state has posted signs urging drivers to report suspected DUI / DWI motorists to law enforcement. Those signs, coupled with the court’s decision, open the door for abuse by drivers involved in road rage or grudges completely unrelated to criminal activity.
Only three court justices opposed the ruling, saying police should not be allowed to stop drivers without witnessing illegal activity. "One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason," Justice Kathryn Mickle Werdegar wrote for the minority.
In recent months, a string of high court decisions have resulted in the erosion of the rights of criminal suspects across California and the nation. The California Supreme Court recently ruled that police can enter some DUI / DWI suspects’ homes without a warrant to administer chemical tests.
Additionally, the U.S. Supreme Court has ruled that police can enter suspects’ homes without knocking and announcing their presence if they have a valid search warrant. However, the justices also recently ruled that police cannot pat down a suspect to check for weapons based only on an uncorroborated tip.
Defense attorneys across the state decried the California Supreme Court’s ruling on anonymous tips as a setback for civil rights and privacy rights that may resonate for decades.
“Anyone can call in an anonymous tip for any number of reasons,” said Darren T. Kavinoky, one of California’s top DUI / DWI defense attorneys. “This ruling essentially allows law enforcement to go on fishing expeditions in the vehicle of any driver unfortunate enough to be the target of an anonymous tipster.”
Despite the ruling, motorists arrested for drunk driving or any other criminal offense involving an uncorroborated tip still have numerous options to build an effective defense. An experienced California criminal defense lawyer can challenge evidence on a number of fronts and dismantle a prosecutor’s case.