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MI: 911 callers information about possible DUI was sufficient to stop

By John Wesley Hall, Jr.

After considering federal and state law in detail, the court concludes that the officer had reasonable suspicion for a stop based on a 911 caller’s information about a potential DUI. People v. Barbarich, 2011 Mich. App. LEXIS 209 (February 1, 2011) (2-1): Certainly more facts could have strengthened the officer's suspicion, but in cases involving tips of erratic driving of a motor vehicle, fewer facts are necessary to justify the investigatory stop. Wheat, 278 F3d at 730-737; Whalen, 390 Mich at 682. "[T]he Fourth Amendment does not require a policeman to simply shrug his shoulders and allow a crime to occur or a criminal escape." Whalen, 390 Mich at 682. Had the officer waited to personally observe defendant engage in dangerous and erratic driving, his suspicion would have surpassed a reasonable articulable suspicion and become a probable cause to seize defendant and issue an appropriate citation...continue to full post

Full post as published by Fourth Amendment on February 06, 2011 (boomark / email).