State v. Blankenship, 230 N.C. App. 113 (Oct. 15, 2013)

Officers did not have reasonable suspicion to stop the defendant based on an anonymous tip from a taxicab driver. The taxicab driver anonymously contacted 911 by cell phone and reported that a red Mustang convertible with a black soft top, license plate XXT-9756, was driving erratically, running over traffic cones and continuing west on a specified road. Although the 911 operator did not ask the caller’s name, the operator used the caller’s cell phone number to later identify the taxicab driver as John Hutchby. The 911 call resulted in a “be on the lookout” being issued; minutes later officers spotted a red Mustang matching the caller’s description, with “X” in the license plate, heading as indicated by the caller. Although the officers did not observe the defendant violating any traffic laws or see evidence of improper driving that would suggest impairment, the officers stopped the defendant. The defendant was charged with DWI. The court began:

[T]he officers did not have the opportunity to judge Hutchby’s credibility firsthand or confirm whether the tip was reliable, because Hutchby had not been previously used and the officers did not meet him face-to-face. Since the officers did not have an opportunity to assess his credibility, Hutchby was an anonymous informant. Therefore, to justify a warrantless search and seizure, either the tip must have possessed sufficient indicia of reliability or the officers must have corroborated the tip.

The court went on to find that neither requirement was satisfied.