Michigan v. Pagano (Opinion on Application)
Annotate this CaseVictoria Pagano was charged with operating a motor vehicle while intoxicated with a child as a passenger, and having an open container in a vehicle. An anonymous caller phoned 911, alleging defendant was driving while intoxicated. Central dispatch informed a police officer of the call, and within 30 minutes, the officer observed defendant’s vehicle but did not see defendant commit any traffic violations. Although it appeared that a copy of the 911 call might have been preserved, a recording was not introduced into evidence, and the caller was not identified. According to the officer’s testimony, the anonymous caller informed dispatch that defendant was out of the vehicle, yelling at children, and appeared to be obnoxious. The caller believed defendant’s alleged intoxication was the cause of her behavior with the children, and provided the vehicle’s license plate number; the direction in which the vehicle was traveling; and the vehicle’s make, model, and color. The officer pulled defendant over strictly on the basis of the information relayed in the 911 call. Defendant was arrested and subsequently charged. Defendant moved for dismissal of the charges, arguing that the investigatory stop was unlawful and that, as a result, any evidence obtained pursuant to the stop should have been suppressed. The district court granted the motion, holding that there was no probable cause to stop defendant’s vehicle because the 911 call was not reliable. The Michigan Supreme Court affirmed the trial court.
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