Legal Question in Criminal Law in Minnesota

annonymous phone call

I placed an annonymous phone call about a person driving under the influence of alcohol. The person that got cause was someone I knew and was an alcoholic. Her lawyer is requesting the annonymous phone call records to find out who the caller was. Is is legal for them to find out who made the phone call? This could jeopardize my job due to her being within the company I work for. She did get caught and was given a breath test which came out as .32. She was then brought to detox then released and is currently waiting her court date. Her child was also in the car when she was called in.


Asked on 12/18/08, 10:25 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: annonymous phone call

The defense attorney is certainly entitled to determine the identity of the informant. It may be a basis to determine if there is reasonable suspicion to stop the vehicle and/or if the reporting party is a reliable informant.

The prosecutor may seek to preclude those records. However, doing so would significantly compromise the prosecution's case.

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Answered on 12/18/08, 5:11 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: anonymous phone call - report of DWI

If police stop a person based upon a tip call, the resulting criminal charge could be dimissed unless police and the government can show the caller's identity was known and the nature of tip appears reliable.

FFI:

http://www.liberty-lawyer.com/dwiduidrivingrelated.html

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Answered on 12/22/08, 6:35 pm


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