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State v. Boyea12/1/2000
2d 830, 834 (Wis. 1990) (reasonableness of stop "is a common sense question which strikes a balance between the interests of society in solving crime and the members of that society to be free from unreasonable intrusions") (internal quotation marks and citation omitted). The police intervention here consisted initially of a brief motor-vehicle stop and questioning, not a hands-on violation of the person. Thus, the liberty interest at stake in this case did not rise to the level which confronted the Court in J.L.
Viewed in light of the Supreme Court's decision in J.L., this Court's recent decision in Lamb, and the vast majority of well reasoned decisions from other states, the conclusion follows inescapably that the investigative detention in this case was sound. The informant reported a vehicle operating erratically; provided a description of the make, model and color of the subject vehicle, as well as the additional specific information that it had New York plates; identified the vehicle's current location; and reported the direction in which it was traveling. The officer went to the predicted location and within minutes confirmed the accuracy of the reported location and description, thus supporting the informant's credibility and the reasonable inference that the caller had personally observed the vehicle. The information that the vehicle was acting "erratically" equally supported a reasonable inference that the driver might be intoxicated or otherwise impaired. See Webster's New International Dictionary 869 (2d ed. 1955) (defining "erratic" as " aving no certain course; wandering; moving").
Lastly, the reasonableness of the stop may be assessed in light of the "gravity of the risk of harm." Lamb, 168 Vt. at 200, 720 A.2d at 1105. We have consistently recognized "the serious threat posed to public safety by the frequency with which individuals, while under the influence of intoxicating liquor, continue to operate motor vehicles on the public highways." State v. Martin, 145 Vt. 562, 568, 496 A.2d 442, 447 (1985). Balancing the public's interest in safety against the relatively minimal intrusion posed by a brief investigative detention, see State v. Lambert, 146 Vt. 142, 143, 499 A.2d 761, 762 (1985), the scale of justice in this case must favor the stop; a reasonable officer could not have pursued any other prudent course.
Affirmed.
Concurring
SKOGLUND, J., concurring.
The dissent asks, "what would the Supreme Court do" if confronted with the facts in this case and expresses concern that the majority has created an "exception to our established search and seizure jurisprudence for which there is no precedent and no conceivable limit." Post, at 2. While I fully agree with the reasoning of the majority in the case at bar, I write in concurrence to dispel the concerns held by the dissent. This task is not an easy one. "Interpretation of the fourth amendment is not a model of intellectual consistency." Edmond v. Goldsmith, 183 F.3d 659, 668 (7th Cir. 1999).
As the opening sentence in Terry v. Ohio stated, "this case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances." Terry v. Ohio, 392 U.S. 1, 4 (1968). In Terry, the Court first recognized the authority of law enforcement officers to stop and frisk an individual absent probable cause for an arrest. Subsequent decisions of the Court have added dimension to the scope of Terry and extended its holding into areas probably not contemplated when the decision was rendered in 1968, decisions that, as discussed below, have proved disturbing to several respe
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