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State v. Crawford8/23/2002
loss of life from those driving recklessly or in a drunken state.
I feel very strongly that we should not permit individuals who drive in this matter to escape punishment because we do not consider the information which led to his or her arrest to have been "reliable." If, as we pointed out in Tucker, we are going to wait around for the police to determine whether the tip is reliable, we subject others using the roads in a lawful manner to injury or death from a driver who could be and should be stopped immediately.
Let us imagine the public reaction if the officer had ignored the tip because it was anonymous and the defendant had killed an innocent user of the road. The police cannot do their jobs if we do not adapt our laws to the circumstances presented. There would be a slight delay to the driver if the tip was wrong. If the tip was accurate and ignored, someone might die or be seriously injured. Death or serious injury is a final and irrevocable intrusion on the public's freedom of travel. A stop based on an anonymous tip is a very slight intrusion on that right of the driver.
I would reverse the trial court, admit the evidence, and remand the matter for trial.
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