Lowry

The Department of Motor Vehicles and its director Chon Gutierrez (collectively referred to as the DMV) appeal from an order setting aside the administrative suspension of Jason Lowry’s driver’s license for drunk driving. The issues are whether the contents of a call to police from an anonymous cell phone user gave a patrol officer reasonable cause to briefly stop a motorist’s vehicle for purposes of investigating the reported erratic driving and, if not, whether evidence obtained as the result of an unlawful traffic stop must be excluded at an administrative hearing to suspend the motorist’s license.

In what we concede is a close call we conclude the officer had reasonable cause to stop Lowry and therefore the evidence resulting from the stop was admissible at Lowry’s administrative hearing. Accordingly we do not reach the question whether the exclusionary rule applicable to criminal cases applies to DMV administrative hearings.

FACTS AND PROCEEDINGS BELOW

The facts are not in dispute.

The Upland Police Department received a report about a reckless driver from an anonymous cell phone caller. According to the caller, the driver of the vehicle drove the wrong way on…