Can Texas Police Initiate a DWI Stop Based on a 911 Call?
A police officer must have “reasonable suspicion” to initiate a traffic stop. This standard is often met when the officer personally observes a traffic violation. But it may also arise from a 911 caller reporting a possible violation. According to a 2014 decision from the United States Supreme Court, Navarette v. California, law enforcement may legally initiate traffic stops based on a “reliable” 911 call. While an “anonymous tip” is, in and of itself, usually insufficient, it can still form the basis for a lawful traffic stop based on the totality of the circumstances.
Firearm Report Leads to DWI Arrest, Conviction
A more recent case here in Texas, Castillo v. State, illustrates how a 911 call can escalate into a drunk driving arrest. In this case, a woman driving home observed two trucks “driving crazy” and weaving in and out of traffic. At one point, the driver of one of the trucks fired a gun out the window and into a nearby empty field. This prompted the woman to call 911 to report the shots fired and relay the license plate number of the truck.
A few moments later, local police dispatched an officer to respond to the 911 caller’s report of a “reckless driver’ in the area. The officer identified the vehicle by the license plate number and initiated a traffic stop. The officer spoke to the driver, who was the defendant in this case. During the stop, the defendant admitted to drinking three beers. The officer then asked to see the defendant’s gun, which was checked to ensure it was not stolen. It was not, and while the officer later testified he initially planned to let the defendant go at that point, he suspected the defendant was intoxicated and extended the stop to confirm that suspicion.
The officer asked the defendant to perform a series of field sobriety tests, which the defendant declined. The officer then placed the defendant under arrest for DWI. A jury subsequently found the defendant guilty of driving while intoxicated, although it acquitted him of the more serious charge of DWI with a blood alcohol concentration of 0.15 or more. The jury then sentenced the defendant to 60 days in jail and a $2,000 fine in addition to court costs.
On appeal, the defendant challenged the legality of the underlying traffic stop. The Texas Ninth District Court of Appeals held there was no violation of the defendant’s constitutional rights and affirmed the conviction and sentence. The Court noted that while the arresting officer did prolong the initial stop, which focused on the 911 caller’s report of a person driving erratically and firing a gun, the officer nevertheless formed a “reasonable suspicion” to turn the stop into a DWI investigation based on other information, including the defendant’s own admission that he had been drinking.
Contact a San Marcos DWI Lawyer Today
One of the most common mistakes that people make during traffic stops is thinking they can talk their way out of a potential DWI arrest. The right to remain silent exists for a reason. The burden is on the officer to prove you did something wrong. You do not have to volunteer any information, particularly with respect to drinking, that may provide such evidence.
Instead, your best option is to say as little as possible. And if you are placed under arrest, you need to contact a San Marcos DWI lawyer as soon as possible. Contact The Law Offices of David C. Hardaway today at 512-805-6613 to schedule a consultation. We serve clients in San Marcos, Texas, and Hays County, Texas.
Source:
scholar.google.com/scholar_case?case=17526939265670910319