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State v. Gowen11/24/2003
oxication is admissible at trial, State v. Slayton, 116 N.H. 613, 616 (1976). Accordingly, the police officers could properly rely on her statement without further inquiring into her basis of knowledge.
On similar facts, other courts are in accord with our holding that the information provided by the identifiable witness was sufficient to justify the stop. See, e.g., State v. Ramey, 717 N.E.2d 1153, 1155-59 (Ohio Ct. App. 1998) (upholding stop where unidentified passerby flagged down police to report that a gold Honda with a certain license plate number was "a possible DUI"); Rittman v. State ex rel. Dept. of P.S., 875 P.2d 439, 440-41 (Okla. Ct. App. 1994) (upholding stop where unidentified citizens pointed to a truck in a parking lot and told police officer that they believed driver was intoxicated). But see Campbell v. State of Wash. Dept. of Licensing, 644 P.2d 1219, 1220-21 (Wash. Ct. App. 1982) (holding stop was not justified where motorist drove past police officer and yelled that a drunk driver was headed southbound in a certain vehicle).
Finally, the defendant argues that Bourn's observations of his truck dispelled any suspicion that he was driving under the influence. We disagree. Here, the driver's statement to the police was sufficient to establish reasonable suspicion to stop the defendant's truck. While Bourn did not observe impaired driving while he pursued the defendant, the defendant's apparent ability to competently drive the truck for approximately one mile did not negate Bourn's reasonable suspicion that he was impaired. See State v. Galgay, 145 N.H. 100, 104 (2000).
Affirmed.
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