Byline: David Ziemer
There is nothing rare about the U.S. Supreme Court denying a petition for certiorari; it is the grant of a petition that is unusual. But a passionate dissent by two justices from a denial is rare.
The issue is one which has sharply divided courts around the country -- whether a police officer has reasonable suspicion to stop a motorist based solely on a citizen's report of a drunken driver, without any independent corroboration by the officer.
In the case before the Court, Virginia v. Harris, No. 08-1385, an anonymous tipster reported to Richmond police that Joseph Harris was driving while intoxicated. The tip described Harris, his car and the direction he was traveling in considerable detail.
An officer pulled Harris over without personally witnessing any erratic driving or traffic violations. The trial court and Virginia Court of Appeals upheld the legality of the stop, but the Virginia Supreme Court reversed, in a 4-3 decision. (668 S.E.2d 141 (Va. 2008).)
The Commonwealth of Virginia petitioned for certiorari, but the court denied review on Oct. 20. Chief Justice John Roberts dissented, in an opinion joined by Justice Antonin Scalia.
Justice Roberts complained, The decision below commands that police officers following a driver reported to be drunk...
