Blog / Rhode Island DUI Arrest Based On Report Of Erratic Driving
Saturday, 24 March 2012 at 09:12
The Criminal Lawyer and the Law., Criminal No Contact Orders - What Constitutes a Violation?
With usage of cellular phones, it has become increasingly common to view Rhode Island DUI halts and breathalyzer refusal cases influenced by 911 calls.
Under the united states Constitution, a car stop even if limited to a brief time period is a seizure that requires an officer to show reasonable suspicion to make a case for the stop.
That Rhode Island Supreme In the court in State v. Bjerke, 697 A. 2d 1069 (R. My partner and i. 1997) held make fish an anonymous tip without sufficient detail or corroboration do not permit even a brief investigatory stop. Due to the fact Bjerke, other state courts and the country Supreme Court has addressed the challenge of the degree of corroboration necessary to permit an investigatory stop in the Fourth Amendment. In Florida v. M. M., 529 U. Ohydrates. 266 (2000), north america Supreme Court addressed a case involving a report of anonymous tip that a young black male was standing for a bus stop wearing some sort of plaid shirt and taking a gun. A officer went to the bus stop and saw a few black males, one wearing a plaid clothing, but did not see a gun or even anything unusual. The court held that this anonymous tip alone was insufficient to justify the seizure because the tip did not contain sufficient indicia of consistency. To locate the tip unreliable, north america Supreme Court noted that this tip merely described easily observable facts that do not reveal that the informant had knowledge of concealed criminal activity.
Utilizing J. L. for a Rhode Island DUI stop, this Rhode Island courts will consider:
1. May be the identity of the mystery caller known or traceable through phone records.
two. Did the caller describe the complete location of the car or truck. That Rhode Island courts will apply the factors discussed in the above cases to determine whether or not the motor vehicle stop complied with Fourth Amendment Constitutional protections.
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