{"id":6524,"date":"2012-05-01T09:55:55","date_gmt":"2012-01-10T10:57:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-10T10:57:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6524","title":{"rendered":"IL: Lesser justification for anonymous tips in DUI cases is based on exigency and doesn’t apply to parked cars"},"content":{"rendered":"

The relaxed justification for a stop of a DUI suspect on an anonymous tip is based on exigency. That standard was not satisfied here because a parked car is less exigent. Suppression affirmed. Defendant here was ratted out by a woman he had an argument with on a date. People v. Smulik<\/a>, 964 N.E.2d 183, 2012 IL App (2d) 110110 (2012):<\/p>\n

[**P11] We note that there is authority that the threat that intoxicated drivers pose to public safety justifies some relaxation of the corroboration requirement. See People v. Shafer<\/a>, 372 Ill. App. 3d 1044, 1052-53 (2007). Courts taking this view have distinguished anonymous tips concerning drunk drivers from tips concerning individuals carrying weapons. In this regard, the Shafer court relied, in part, on Rutzinski<\/a>, in which the Wisconsin Supreme Court cited the following passage from State v. Boyea<\/a>, 765 A.2d 862 (Vt. 2000):<\/p>\n

\u201c\u2018In contrast to the report of an individual in possession of a gun *** an anonymous report of an erratic or drunk driver on the highway presents a qualitatively different level of danger, and concomitantly greater urgency for prompt action. In the case of a concealed gun, the possession itself might be legal, and the police could, in any event, surreptitiously observe the individual for a reasonable period of time without running the risk of death or injury with every passing moment. An officer in pursuit of a reportedly drunk driver on a freeway does not enjoy such a luxury. Indeed, a drunk driver is not at all unlike a \u201cbomb,\u201d and a mobile one at that.\u2019\u201d Rutzinski<\/a>, 2011 WI 22, \u00b6 35, 623 N.W.2d 516 (quoting Boyea<\/a>, 765 A.2d at 867).<\/p><\/blockquote>\n

That reasoning does not apply here. Defendant’s vehicle was not moving and Johnson could have attempted to initiate a consensual encounter in order to determine whether the tip relayed by the dispatcher was reliable. See generally People v. Luedemann<\/a>, 222 Ill. 2d 530, 544 (2006). The urgency that would have existed if defendant’s vehicle had been in motion was absent here.<\/p><\/blockquote>\n

Note to Illinois practitioners: Lexis’s citation of the Illinois public domain citation in this case is incorrect. 2012 IL App (2d) 110110 means 2d Dist case number 11-0110. On the Illinois courts opinion page<\/a>, this case is 2011 IL App (2d) 110110, not 2012, even though the case was decided in 2012. Go figure. Which is correct?<\/p>\n","protected":false},"excerpt":{"rendered":"

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