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State v. Boyea12/1/2000
orroboration, no matter how ridiculous, malicious, or impossible they may be. See State v. Altieri, 951 P.2d 866, 869 (Ariz. 1997) (" he anonymous tip contained only neutral, non-predictive information about the defendant and his activities and was itself insufficient to provide reasonable suspicion for the stop. The corroboration did not sufficiently substantiate the reliability of the tip to support the investigative stop."); People v. George, 914 P.2d 367, 371 (Colo. 1996) (informant said possible altercation occurring in certain parking lot between van and another vehicle; corroboration of van in that lot, "a fact presumably known or knowable by everyone" was not sufficient for reasonable suspicion under White); Commonwealth v. Lyons, 564 N.E.2d 390, 393 (Mass. 1990) (finding no reasonable suspicion where anonymous call identified two white males in car carrying drugs, because "the police verified no predictive details that were not easily obtainable by an uninformed bystander"); State v. Lee, 938 P.2d 637, 640 (Mont. 1997) (where anonymous caller said only that she believed a person was driving under the influence and speeding, and where officer observed no irregularities consistent with impaired driving, officer lacked particularized suspicion to justify stop); State v. Kennison, 590 A.2d 1099, 1101-02 (N.H. 1991) (finding anonymous tip describing car, defendant's employment and predicting that defendant would return home after work and then go out again did not create reasonable suspicion where police "were unable to corroborate any of the incriminating allegations"); State v. Guthmiller, 499 N.W.2d 590, 591-93 (N.D. 1993) (anonymous call of "a DUI driver" in a blue pickup with certain license number at certain location was corroborated by police verification of description and observation of inordinately long stop at stop sign, thus stop was justified by reasonable suspicion); Muscatell v. Cline, 474 S.E.2d 518, 527 (W.Va. 1996) (anonymous report of light blue car traveling certain road having been involved in hit-and-run, corroborated only by seeing car but no damage, was not reasonable suspicion); State v. Stuart, 452 S.E.2d 886, 891-92 (W.Va. 1994) (anonymous call of drunk driving was corroborated by police finding vehicle in specified area and observing unusually slow travel; call and tip added up to reasonable suspicion); McChesney v. State, 988 P.2d 1071, 1077 (Wyo. 1999) (" he investigating officer is required to corroborate the tip in some other fashion, usually by observing either a traffic violation or driving indicative of impairment.").
A number of federal decisions have reached the same conclusion. See, e.g., United States v. Soto-Cervantes, 138 F.3d 1319, 1322-23 (10th Cir. 1998) (anonymous tip of drug distribution at certain location involving men and grey pickup, when corroborated only by observation of men and truck did not supply reasonable suspicion); United States v. Roberson, 90 F.3d 75, 79 (3rd Cir. 1996) (anonymous tip that described person at location and said person was selling drugs, plus corroboration of described person at location, was not reasonable suspicion as anyone could have predicted those facts).
Given the recent precedent of the United States Supreme Court and the numerous state and federal cases in accord, I would reverse.
II.
The effect of the majority's opinion is to turn over to anyone with a telephone the power to make the government intrude into a private citizen's life without any oversight or control. The question raised by the majority's opinion is whether the social ill in this case - drunk driving - justifies its decision to curtail Fourth Amendment protection. In my view, there are two problems with this approach t
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