Virginia in the Driver's Seat: How the Supreme Court of Virginia Can Help the Supreme Court of the United States Finally Establish the Drunk-Driving Exception to Anonymous Tips Law

23 Pages Posted: 11 Oct 2013

Date Written: December 10, 2012

Abstract

The Supreme Court of the United States strongly hinted in Florida v. J.L. that the level corroboration required by the Fourth Amendment of anonymous tips may be loosened when a tip reports imminently dangerous behavior such as drunk driving. Cases in other areas of criminal procedure, such as checkpoint and community caretaker cases, indicate courts' awareness of the police's duty to protect the public, and may inform the Supreme Court when it decides whether the J.L. dicta ought to be made law. The Supreme Court of Virginia is in a particularly good position to give the Supreme Court of the United States just the case it needs to finally decide this important issue.

Keywords: anonymous tips, reasonable suspicion, probable cause, criminal procedure, drunk-driving, drunk driving, community caretaker, checkpoint, warrant, investigatory stops, Virginia, public safety, Fourth Amendment, search and seizure, privacy, intrusion, seach, siezure, stops, police, exclusionary rule,

Suggested Citation

Kartchner, Andrew, Virginia in the Driver's Seat: How the Supreme Court of Virginia Can Help the Supreme Court of the United States Finally Establish the Drunk-Driving Exception to Anonymous Tips Law (December 10, 2012). Regent University Law Review, Vol. 25, No. 1, 2012, Available at SSRN: https://ssrn.com/abstract=2338531

Andrew Kartchner (Contact Author)

affiliation not provided to SSRN

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