TRAFFIC STOPS BASED ON DRUNK DRIVING TIPS

In State v. Renzulli, 958 N.E.2d 1143 (Ind. 2011), the Indiana Supreme Court held that
a police officer had reasonable suspicion to stop a vehicle based on a concerned citizen's
tip of a possibly intoxicated driver. The tipster identified himself, provided a telephone
number to the 911 dispatch officer and reported that he had been following a driver of
a blue Volkswagen who had been driving erratically and was going to "kill somebody."
The caller told the 911 operator the vehicle just pulled into a BP Gas Station but he
was unable to get a license plate number. Within 90 seconds, an officer arrived at the
gas station, observed the blue Volkswagen backing out of parking space and stopped
Renzulli.

The court reiterated its belief that “there may well be greater indicia of reliability in
the report of [a] "concerned citizen" as distinguished from [a] "professional informant."
Regardless, based on the totality of the circumstances, the concerned citizen in this case
supplied sufficient information to establish reasonable suspicion to support the officer's
investigatory stop (i.e., make/color of vehicle at time of night with minimal traffic, and
almost immediate response/arrival at the scene by the police). The Court held that the
circumstances of this case warranted an immediate response by the police for the safety
of the general public, as well as for the safety of Renzulli herself.