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159981 - People v Victoria Catherine Pagano

The People of the State of Michigan,

 

David Wallace

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Huron – Prill, G.)

 

Victoria Catherine Pagano,

 

Michael Horowitz

 

Defendant-Appellant.

 

Summary

The defendant is awaiting trial on charges of operating a motor vehicle while intoxicated with children in her vehicle and open intoxicants in a motor vehicle.  The stop of her vehicle was based strictly on an unidentified 911 caller’s report that the defendant was yelling at her children, was obnoxious, appeared to be intoxicated, and then drove away, coupled with an officer’s confirmation a little less than half an hour later that her vehicle matched the make, model, color, and license plate number reported by the 911 caller and was in the approximate location reported by the caller.  The district court granted the defendant’s motion to suppress all of the evidence secured during the stop, and the circuit court affirmed that decision.  But the Court of Appeals reversed in an unpublished opinion, holding that less information is required to justify a traffic stop when the informant’s tip relates to potentially dangerous driving.  The Supreme Court has granted leave to appeal to address whether the 911 call relayed to the police provided reasonable suspicion that the defendant was intoxicated so as to justify the stop of her vehicle.  See Alabama v White, 496 US 325 (1990), Florida v JL, 529 US 266 (2000), and Navarette v California, 572 US 393 (2014).​