People v. Barbarich
291 Mich. App. 468
Mich. Ct. App.2011Background
- Defendant Sha u n Barbarich was cited for driving while intoxicated after a stop following a face-to-face tip that he had ‘almost hit’ the tipster’s vehicle.
- Trooper Bommarito had just finished a property inspection at Malarkey’s bar and observed no prior erratic driving by Barbarich.
- The tip came from a woman in a red pickup who pointed to Barbarich’s vehicle and mouthed the words “almost hit me,” giving no details about a crime beyond a near-miss.
- Bommarito stopped Barbarich without observing any driving violation; he testified he did not speak to the tipster before stopping.
- The district court denied suppression; the circuit court suppressed the case, finding no reasonable suspicion; the court of appeals remanded following higher court action.
- The court held that fewer facts are required for stops based on citizen tips about erratic driving, balancing safety interests with Fourth Amendment protections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a moving-vehicle stop based on a citizen tip about erratic driving is reasonable | Barbarich; Wheat supplies reasonable suspicion given detailed contemporaneous tip. | Barbarich; tip lacks reliability and objective facts to justify a stop. | Yes; stop justified under totality of circumstances. |
Key Cases Cited
- United States v Wheat, 278 F.3d 722 (8th Cir. 2001) (less information required for erratic-driving tips; corroborate innocent details)
- People v Estabrooks, 175 Mich App 532 (Mich Ct App 1989) (tip substantiates reasonable suspicion for stop in accident-related context)
- People v Tooks, 403 Mich 568 (1978) (three-factor reliability test for citizen informants)
- Florida v JL, 529 U.S. 266 (Supreme Court 2000) (anonymous tip must be reliable in assertion of illegality, not just identification)
- Whren v United States, 517 U.S. 806 (Supreme Court 1996) (probable cause required for civil infractions; standard for stops influenced by infraction type)
- Adams v Williams, 407 U.S. 143 (Supreme Court 1972) (informant tip can justify stop when verifiable at scene)
- Brown v Texas, 443 U.S. 47 (Supreme Court 1979) (seizure must be based on specific, objective facts)
- United States v Cortez, 449 U.S. 411 (Supreme Court 1981) (objective manifestation required to justify detention)