Justices rule on citizen tip in drunk driving case

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The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.

In State of Indiana v. Amanda Renzulli, No. 32S04-1102-CR-117, a four-justice majority ruled that the concerned citizen tip was sufficient to support the investigatory stop that led to three failed sobriety tests and the arrest of Amanda Renzulli in Plainfield in April 2009.

A man called 911 to report that Renzulli’s car was driving erratically and possibly could hurt another motorist, and the caller told the dispatcher that the vehicle pulled into a BP gas station. He gave the dispatcher his phone number and address. Police responded and found Renzulli on the scene with visible signs of drunkenness, and she failed three field sobriety tests before being arrested. A blood draw later showed she had a blood alcohol content of 0.22 percent and she was charged with operating a vehicle while intoxicated, a class D felony because of a prior conviction from 2005. She filed a motion to suppress the evidence and the Hendricks Superior judge granted it.

Relying on its decision in Kellem v. State, 842 N.E. 2d 352 (Ind. 2006), the Supreme Court decided that it needed to look at the totality of the circumstances of each case when deciding whether a police tip provided the needed reasonably articulable suspicion of criminal activity needed for an investigatory stop. Determining that a concerned citizen tip is equivalent to an anonymous tip in the context of caselaw, the Indiana justices used a Court of Appeals decision from 2000 to hold that a citizen tip is sufficient when that person provides specific information to police allowing them to verify that person’s reliability. The cited case was Bogetti v. State, 723 N.E.2d 876, 879 (Ind. Ct. App. 2000), and the justices used that analysis when looking at how the tipster in this case provided the vehicle description and location, as well as his own information.

Justice Steven David wrote the opinion, with Chief Justice Randall T. Shepard and Justice Frank Sullivan concurring in reversing the trial court. Justice Brent Dickson concurred in result, and Justice Robert Rucker dissented in a separate position.

On the final page of the opinion, David included a footnote that says, “It may be advisable in the future for 911 operators to take further identifying information from concerned citizen tips. Information such as date of birth, home address, along with the name and telephone number of a concerned citizen would give greater reliability to these types of tips. This information would potentially place the concerned citizen under penalties of false informing and would help alleviate the concern of a possible imposter or prankster.”

Rucker found that Kellem is distinguishable, because there was little to no police corroboration in this case and the citizen reporting Renzulli’s driving identified her as a “he.” Because this was such a close call, Rucker says he would have agreed with the trial court that the responding officer didn’t establish an independent and objective basis to create reasonable suspicion needed for the stop.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues