Is it legal to pull me over just because someone called me in as a drunk driver?

I was called in by a cab driver after having him take me to my car. He said I jumped out of his cab and then he said he followed me and I hit a curb several times – not true. So he called me in for drunk driving. I was then pulled over for drunk driving. I wasn’t sited for any traffic infractions and read somewhere that you can’t be pulled over based on hearsay. The cop stated he wouldn’t have pulled me over if I hadn’t been called in. My ticket says DUI 1st Offense. I have no traffic infractions of citations.

Asked on October 11, 2011 under Criminal Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of each state and the 4th Amendment of the United States Consitution one has the right aignst unreasonable search and seizures. This right has been limited by case law where law enforcement if alerted about a possible dangerous condition from a third person may pull over a suspect based upon a third person's report of a possible crime. In your case, a possible offense of driving a motor vehicle under the influence of alcohol or a controlled substance.

Law enforcement does not have to actually see the supposed crime happening. Law enforcement simply has to be advised that a crime may have occurred to initiate a stop of a person suspected of a crime.


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