The Utah Court of Appeals recently took up another case that reviewed when a citizen informant's tip can lead to reasonable suspicion for an officer to make a stop.
The case is actually an ineffective assistance of counsel appeal, however, the court did the analysis to see if the motion defendant was saying counsel should have filed would have any merit or chance of being successful.
A solid analysis of the factors involved with citizen informant tips and reasonable suspicion was done by the court. Ultimately, the Court of Appeals rejected defendant's argument, stating that there was ample reasonable articulable suspicion for the detention in the case. The ultimate holding was as follows:
"Before Officer approached Perkins, he received a communication from police dispatch that Witness had observed Perkins purchase beer, open a can while seated in the driver’s seat of his vehicle, and then drive onto the highway. Even though neither Witness nor Officer saw Perkins drive erratically or commit any traffic infractions, the facts relayed by Witness amply support the initial investigative detention because operating a vehicle containing an open container of alcohol or while drinking alcohol is a criminal offense under Utah law."
You may review the whole opinion here: State v. Perkins
