City of Maumee v. Weisner

This case involves a Fourth Amendment challenge to an officer’s stop of a suspected drunk driver. Specifically, we have been asked to determine whether a citizen informant’s telephone tip may provide the sole basis for an officer’s stop of a motorist suspected of driving under the influence. We resolve this issue in favor of the city of Maumee and hold that a telephone tip can, by itself, create reasonable suspicion justifying an investigative stop where the tip has sufficient indicia of reliability.

I. Burden of Proof at Suppression Hearing

A

As a preliminary matter, we must resolve a debate…