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Lowry v. Gutierrez5/26/2005
CERTIFIED FOR PUBLICATION
The Department of Motor Vehicles and its director Chon Gutierrez (collectively referred to as "the DMV") appeal from an order setting aside the administrative suspension of Jason Lowry's driver's license for drunk driving . The issues are whether the contents of a call to police from an anonymous cellphone user gave a patrol officer reasonable cause to briefly stop a motorist's vehicle for purposes of investigating the reported erratic driving and, if not, whether evidence obtained as the result of an unlawful traffic stop must be excluded at an administrative hearing to suspend the motorist's license.
In what we concede is a close call we conclude the officer had reasonable cause to stop Lowry and therefore the evidence resulting from the stop was admissible at Lowry's administrative hearing. Accordingly we do not reach the question whether the exclusionary rule applicable to criminal cases applies to DMV administrative hearings.
FACTS AND PROCEEDINGS BELOW
The facts are not in dispute.
The Upland Police Department received a report about a reckless driver from an anonymous cellphone caller. According to the caller the driver of the vehicle drove the wrong way on Benson Avenue and then turned left onto Baseline Road in front of oncoming traffic. The caller described the vehicle, gave its license number, and stated the driver was a male. The Upland police forwarded the report to the police department of the neighboring city of Claremont. From the license plate number the dispatcher at the Claremont Police Department determined the registered owner lived in Claremont. The dispatcher broadcast the information received from the Upland police and the vehicle owner's address to officers in the field.
Officer Hall received the dispatch. Four to five minutes later he spotted a vehicle matching the cellphone caller's description. It took Hall approximately 30 to 40 seconds to catch up to the vehicle and stop it. During this time the vehicle was traveling at a safe speed and Hall observed no traffic violations.
The driver identified himself as Jason Lowry and told Hall he was on his way home from work. During their conversation Hall smelled alcohol on Lowry's breath and clothes, saw his eyes were red and watery and noticed his speech was slow and deliberate. Lowry admitted drinking two 24 ounce beers after work.
Hall commenced a field sobriety test. After a few unsuccessful attempts to perform the test activities Lowry gave up and said, "You got me, I can't do these tests, lets just get this over with." A preliminary check for blood alcohol content showed Lowry at 0.10 percent.
Based on Lowry's objective symptoms of intoxication, his inability to compete the field sobriety test and his blood alcohol level, Hall formed the opinion Lowry had been driving under the influence and arrested him.
Following Lowry's arrest the DMV suspended his driver's license and this suspension was upheld at an administrative hearing. The hearing officer determined Hall had reasonable cause to stop and detain Lowry on suspicion of drunk driving based on the report by the anonymous cellphone caller and probable cause to arrest based on the objective symptoms of intoxication Hall observed after making the stop.
Lowry filed a petition for writ of mandate in the superior court challenging the DMV's order suspending his license. He contended the officer did not have reasonable cause to make the traffic stop and therefore any resulting evidence of drunk driving should have been excluded at the administrative hearing. The trial court agreed and issued a writ of mandate ordering
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