In State of Florida vs. Ravitz, the Broward County Circuit Court, in its capacity as an appellate court, affirmed the trial court's decision granting defendant's motion to suppress evidence. Generally speaking, if a cop is given a tip from an anonymous source, the officer must independently verify some wrongdoing prior to making a traffic stop. An officer is free to "look into" the allegations without conducting a traffic stop. However, the officer must personally witness some act in order to conduct a traffic stop. Without any type of corroboration the officer is left with a description and accusation of wrongdoing. An accurate description and accusation is not enough to form probable cause for a traffic stop.
In Ravitz, the police received a telephone call from an anonymous tipster reporting that a vehicle was traveling the wrong direction on a city street. An officer observed the car which matched the description provided to dispatch. The vehicle traveling in front of the police officer pulled over to the side of the road and pointed a finger at the defendant's vehicle. The police officer conducted a traffic stop on defendant's car & defendant was soon thereafter arrested for DUI. The police officer did not make an observation before initiating the traffic stop which would give rise to probable cause for the traffic stop.
The defendant submitted a motion to suppress the state's evidence contending that the officer did not see defendant commit a traffic infraction or show any indication of impairment before initiating the traffic stop. While the officer was able to identify the individual who had provided the police with the anonymous tip after the traffic stop, before the traffic stop that person was an anonymous tipster. The trial court held that a tip from an unknown individual, providing nothing more than a description and an accusation, does give rise to probable cause for a stop. The fact that the officer was able to obtain the anonymous tipster's identity after the stop does not attenuate the lack of probable cause at the time of the stop.
As a general rule, a police officer must personally witness a traffic infraction or a traffic criminal offense in order to make a traffic stop. Yet, police officers are allowed to rely on statements made by another sworn officer. For more information concerning fellow officer rule go to: [http://criminaldefensemotions.com/fourth-amendment/fellow-officer-rule/ Limitations on the Fellow Officer Rule].
For more information concerning criminal defense & DUI defense, please see: [http://www.criminal-defense.attorney/florida-hsmv/hsmv-78065/ DWI Lawyer].
