We are all urged to call the police if we suspect someone is driving under the influence. This message comes to us in radio and television commercials, on billboards, and on cruiser license plates: 1-800-GRAB-DUI. If someone makes the call, when should the police be permitted to stop the driver based on that informant's tip alone? This question is a hot topic in Ohio DUI/OVI law this year. Two Ohio appellate courts decided 'informant tip' cases last month, and the United States Supreme Court decided one earlier this year.
The two recent Ohio cases of State v. Whem and State v. Whitacker have many similarities. In both cases, an informant called the police to report a suspected drunk driver. In both cases, the police stopped the suspected drunk driver without observing any additional evidence the driver was under the influence. In both cases, the defendant filed a motion to suppress evidence and argued the informant tip did not justify the traffic stop. In both cases, the trial judge overruled the defendant's motion to suppress. In both cases, the defendant appealed to the Court of Appeals.
Whem and Whitacker have different outcomes. In Whem, the Court of Appeals agreed with the trial court the initial stop of the defendant was justified. In Whitacker, the Court of Appeals disagreed with the trial court, concluding the stop of the defendant was illegal.