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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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