Wells

We granted this case to consider under what circumstances, if any, police officers may stop a vehicle and detain its driver based solely on an *1081 uncorroborated phoned-in tip that accurately describes the vehicle and its location and relates that a possibly intoxicated person is behind the wheel, “weaving all over the roadway.” As we explain, although the law appears somewhat unsettled, the better rule, firmly supported by many cases as well as by considerations of public safety and common sense, is that a limited traffic stop is permitted under such circumstances to confirm the officer’s reasonable suspicion of intoxicated driving before a serious traffic accident can occur.

FACTS

The following uncontradicted facts are taken from the Court of Appeal opinion in this case. On February 14, 2003, at 1:43 a.m., California Highway Patrol traffic officer Julian Irigoyen was engaged in traffic enforcement on Highway 99 in Kern County north of Bakersfield. He received a dispatch report of a possibly intoxicated driver “weaving all over the roadway.” (The record is silent as to the identity of the caller or circumstances leading to the call, but we may reasonably infer that…

One of the hallmarks of the liberty guaranteed to persons in this country is that agents of the government cannot arrest, seize or detain them without a good reason. (U.S. Const., 4th Amend. [“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated”]; Cal. Const., art. I, § 13 [same].) As this constitutional guarantee has been interpreted, a full-fledged arrest must be supported by a warrant issued by a neutral magistrate or by probable cause to believe the person arrested has committed a crime. (People v. Bennett (1998) 17 Cal.4th 373, 386-387 [ 70 Cal.Rptr.2d 850 , 949 P.2d 947 ].) Short of outright arrest, police may temporarily detain a person on a lesser showing of cause, but the detention— essentially a temporary seizure of the person—must be supported by reasonable cause to believe the person is guilty of some wrongdoing. (Ibid.) These rules apply to traffic stops: “Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of [the Fourth…

We granted this case to consider under what circumstances, if any, police officers may stop a vehicle and detain its driver based solely on an uncorroborated phoned-in tip that accurately describes the vehicle and its location and relates that a possibly intoxicated person is behind the wheel, "weaving all over the roadway." As we explain, although the law appears somewhat unsettled, the better rule, firmly supported by many cases as well as by considerations of public safety and common sense, is that a limited traffic stop is permitted under such circumstances to confirm the officer's reasonable suspicion of intoxicated driving before a serious traffic accident can occur.

The following uncontradicted facts are taken from the Court of Appeal opinion in this case. On February 14, 2003, at 1:43 a.m., California Highway Patrol traffic officer Julian Irigoyen was engaged in traffic enforcement on Highway 99 in Kern County north of Bakersfield. He received a dispatch report of a possibly intoxicated driver "weaving all over the roadway." (The record is silent as to the identity of the caller or circumstances leading to the call, but we may reasonably infer that the report…