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State v. Contreras9/12/2003
of speeding, slowing, and tailgating. Id. at 519, 526. The court determined that the imminent threat to the public's safety, combined with the allegations in the informant's tip, provided sufficient justification for the investigative stop. Id. at 527-28.
The Investigatory Stop Was Reasonable
We determine that, under the totality of circumstances, Deputy Reyes' stop of Defendant's vehicle was reasonable. The facts of the case allow the inference that the anonymous caller was a reliable concerned motorist; the information given was detailed enough for the deputies to find the vehicle in question and confirm the description; and the caller was an apparent eyewitness to the erratic driving. Furthermore, the exigency of the possible threat to public safety that a drunk driver poses, New Mexico's grave concern about the dangers of drunk drivers, and the minimal intrusion of a brief investigatory stop tip the balance in favor of the stop. We emphasize that our decision does not do away with the anonymous tip analysis of credibility and reliability that the Fourth Amendment requires, the factual bases of which must be determined in each individual case. Indeed, we encourage dispatch operators and police officers to record the names of concerned callers and to obtain as many facts as possible to determine the credibility and reliability of each caller. We hold only that, on the facts of this case, and considering the totality of the circumstances, Deputy Reyes had a reasonable suspicion sufficient to make a brief, investigatory stop of Defendant's vehicle.
CONCLUSION
We reverse the order of the trial court suppressing the evidence and remand for further proceedings.
IT IS SO ORDERED.
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