Department of Highway Safety & Motor Vehicles v. Ivey, 2011 Fla. App. LEXIS 17873

Ivey's driving privileges were suspended for refusing to submit to a breath test after failing field sobriety tests; this was her second refusal.
The Department upheld the suspension after a formal review hearing; the circuit court granted certiorari and reinstated privileges.
The circuit court concluded the arresting officer lacked a sufficient basis to initiate the stop of Ivey's vehicle.
The opinions below treated the stop as invalid, applying a probable-cause standard instead of the reasonable-suspicion standard for a DUI stop.
The court below relied on cases involving anonymous informants; this case involved identifiable tipsters whose information was imputable to officers.
The district court granted the State's petition, reversing and quashing the circuit court's reinstatement of Ivey's driving privileges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
What standard governs the initial DUI stop?	Ivey	Department	Reasonable suspicion suffices
Are Mayback and Chiaro anonymous informants requiring corroboration?	Ivey	Department	They are not anonymous; information imputable to officers supports founded suspicion
Did the circuit court apply the correct law governing stops and evidence?	Ivey	Department	Circuit court applied the wrong law; stop was valid

Evans v. State, 692 So.2d 216 (Fla. 4th DCA 1997) (tipster reliability and imputing dispatcher information to officers)
DeShong, 603 So.2d 1349 (Fla. 2d DCA 1992) (foundered on reasonable suspicion for brief investigative stop in DUI context)
J.L., 529 U.S. 266 (U.S. Supreme Court 2000) (anonymous tip insufficient for stop and frisk)
Baptiste v. State, 995 So.2d 285 (Fla. 2008) (stop and frisk with anonymous tip)
McKelvin v. State, 53 So.3d 401 (Fla. 4th DCA 2011) (anonymous tip lacking corroboration for stop)
Simms v. State, 51 So.3d 1264 (Fla. 2d DCA 2011) (anonymous tip reliability for Terry stop)