Police Familiarity with Information Provides Basis for OVI Stop

In Ohio, if the police know the identity of the tipster, then the courts will require less scrutiny into the tipster’s information in order to find Reasonable Suspicion. The United States Supreme Court has recognized that an identified citizen informant may be highly reliable and, therefore, a strong showing as to the other indicia of reliability may be unnecessary. If an unquestionably honest citizen comes forward with a report of criminal activity, which if fabricated would subject him to criminal liability, the Supreme Court has found rigorous scrutiny of the basis of his knowledge unnecessary. Illinois v. Gates (1983), 462 U.S. at 233-234.

In a similar context, police officers responding to a reported domestic disturbance had a sufficient basis for a Terry stop of a motorist after they were informed by a person involved in the disturbance that the motorist had driven away drunk. State v. Antill (1993), 91 OApp3d 589.

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