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Anonymous DUI Tip Could Result in a 15-Year Sentence

By Neil Shouse, Esq.

Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI?charges that were based on an anonymous caller?s tip. The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield?s car as well as his location. With that, officers stopped Caulfield?s car and began a DUI investigation. This type of investigation seems to go against the reasonable suspicion or probable cause standard that police must otherwise follow before they can initiate a traffic stop. The United States Supreme Court held long ago in Terry v. Ohio that an officer?s ?good faith or inarticulate hunches? simply aren?t enough.continue to full post

Full post as published by DUI Blogger on November 20, 2009 (boomark / email).