{"id":61072,"date":"2025-05-17T09:54:34","date_gmt":"2025-05-17T14:54:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61072"},"modified":"2025-05-17T14:33:36","modified_gmt":"2025-05-17T19:33:36","slug":"wa-911-call-about-following-a-dui-was-rs-for-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61072","title":{"rendered":"WA: 911 call about following a DUI was RS for stop"},"content":{"rendered":"\n<p>Officers could rely on a 911 call about an alleged drunk driver who was reporting what she was seeing. \u201cLaw enforcement officers may effectuate a Terry stop based on a 911 caller\u2019s tip when the tip is reliable and contains a factual basis for reasonable suspicion of a crime. Both parts of the test are met here, because Gilliver\u2019s report of an active DUI was made under circumstances indicating reliability, Officer BrinJones\u2019s observations of erratic driving corroborated the allegations, and those observations combined with the facts communicated in the tip provided a sufficient factual basis for reasonable suspicion of DUI. Because the stop of Stearns\u2019s vehicle was lawful, we reverse the Court of Appeals and reinstate Stearns\u2019s convictions.\u201d <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/1026803.pdf\">City of Wenatchee v. Stearns<\/a>, 2025 Wash. LEXIS 258 (May 15, 2025).<br \/><\/p>\n\n\n\n<p>Defendant&#8217;s challenges to the denial of his motion to controvert the search warrant are unpreserved. Also, the warrant materials were received before the hearings. People v. Sampson, 2025 NY Slip Op 02999 (1st Dept. May 15, 2025).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging the search of abandoned property. Staley v. State, 2025 Ga. App. LEXIS 191 (May 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers could rely on a 911 call about an alleged drunk driver who was reporting what she was seeing. \u201cLaw enforcement officers may effectuate a Terry stop based on a 911 caller\u2019s tip when the tip is reliable and contains &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61072\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,44,129],"tags":[],"class_list":["post-61072","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-informant-hearsay","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61072","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=61072"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61072\/revisions"}],"predecessor-version":[{"id":61076,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61072\/revisions\/61076"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}