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IN ORDER TO USE AN INFORMANT OR “ANONYMOUS TIPSTER” TO BUILD REASONABLE SUSPICION, THE OFFICER MUST CONSIDER THE RELIABILITY OF THE INFORMATION

In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant’s knowledge, and the extent to which the police are able to independently verify the tip. The lower the reliability, credibility, or veracity of the informant, the more information that is required to create reasonable suspicion. Often times, in a DUI case, the arresting officer is unable to sufficiently verify the basis for the information, or the reliability of the informant.

With regard to “anonymous tipsters” and “government agents,” there is no presumption of reliability attached to their reports. If the officer making an enforcement stop does not know whether the tipster exposed his identity, then the source of the information must be treated as an “anonymous tip.” This is because the constitutionality of the detention turns on what the officer knew prior to the enforcement stop.

A knowledgeable and experienced Wallin & Klarich DUI attorney will be able to expose deficiencies in the case against you in criminal court and at your DMV Hearing. Call 1-888-749-7428, or visit our website, www.wklaw.com for more information.

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