Legal Opinion · Dissent

Graf v. State, Department of Commerce & Regulation

South Dakota Supreme Court

Decided November 17, 1993No. 18049Published

1DissentSabers, Justice

The sole issue is whether the “anonymous tip,” independently corroborated in part, provided an articulable reason to stop defendant’s vehicle. The trial court found that it did and I am inclined to agree.

The State argues that:

Schmit was informed, in the message he received, that a “possible” drunk driver was westbound on 10th Street in a large brown automobile identified by license plate 1E3312. A radio dispatch containing this information alone is sufficient to provide reasonable suspicion to stop a motorist. See Philpott v. State, [194 Ga.App. 452] 390 S.E.2d 664, 665 (Ga.App.1990). The…

2Cases cited4 opinions

  1. Alabama v. WhiteSupreme Court of the United States · 1990
  2. State v. ThillSouth Dakota Supreme Court · 1991
  3. State v. CzmowskiSouth Dakota Supreme Court · 1986
  4. Philpott v. StateCourt of Appeals of Georgia · 1990

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