Reasonable Suspicion" Required for Mass. OUI Stops

The police sometimes stop a motorist on suspicion of OUI as a result of an anonymous tip. Many of these Framingham MA suspicion of DUI stops, based on information provided by anonymous sources, may be illegal. Massachusetts law requires that prior to pulling someone over, police officers must have a “reasonable suspicion” that a driver has committed, is committing, or is about to commit a crime. By themselves, anonymous tips do not constitute reasonable suspicion. This is because an anonymous tipster could “set up” an innocent person to be stopped by the police and not risk being charged with making a false report of a crime. 

Police Corroboration Required for DUI Traffic Stop

The police are not expected to ignore anonymous calls regarding alleged drunk drivers. However, the law requires independent corroboration of the information provided before a driver can be stopped or pulled over. This is because being stopped by the police constitutes a seizure and both the federal and state constitutions  require that such seizures be supported by sufficient facts and circumstances.

A DUI Stop Based on an Anonymous Tip Could be Suppressed

The best Massachusetts DUI lawyers know that cases involving Framingham Mass DUI anonymous tips should be carefully scrutinized and, where appropriate, motions to suppress and dismiss should be filed.  Where the police follow a person suspected of operating under the influence, based on an anonymous report, and the officer does not witness any erratic operation, the police will generally not be justified in stopping the vehicle. Winning a motion to suppress the stop will most likely lead to a dismissal of the resulting DUI charges or a not guilty verdict.

As compared to the federal constitution, the Massachusetts Declaration of Rights provides citizens of the Commonwealth with heightened protections, when it comes to DUI stops based on anonymous tips. While the U.S. Constitution allows police to stop vehicles based on the totality of the circumstances, the Massachusetts Constitution requires that anonymous tips in Mass. Drunk driving cases satisfy the basis of knowledge and totality of the circumstances tests. Your Mass. DUI attorney may be able to use this heightened standard to successfully challenge your DUI stop and suppress incriminating evidence.  

The Emergency Exception

An exception to this general rule allows police to stop a vehicle, without observing a traffic infraction, where the police have direct evidence that the driver is driving while intoxicated (DWI). For example, if the driver was seen drinking alcohol prior to driving or he was throwing empty beer bottles out of the vehicle while driving, the police could pull him over without reasonable suspicion.  To invoke this narrow exception to the general requirement of “reasonable suspicion,” there must be something other than bad or erratic driving which suggests that the driver is intoxicated or otherwise impaired. 

Call Today for Free Case Analysis

Attorney Brian E. Simoneau has an in-depth knowledge of the laws and various court decisions governing motor vehicle stops in Massachusetts DUI cases. If you believe that you were improperly stopped by the police for drunk driving or operating under the influence, call 508-656-0057 today or e-mail Attorney Simoneau ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) for a free consultation and review of your situation. Challenging the OUI Stop is one of the many ways that Massachusetts DUI lawyers use to win drunk driving cases.