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Task force works to implement anonymous call line

by Alex Violo/Valley Press
| June 27, 2014 4:45 PM

THOMPSON FALLS – The Sanders County DUI Task Force continued discussions to set up an anonymous call line for law enforcement entities throughout the county.

The meeting at the Sanders County Courthouse on Thursday, June 19, opened by discussing the viability of setting up such a program.

Anonymous call numbers are utilized by law enforcement officers in both Idaho and Wyoming, to aid police efforts in tracking down drivers operating a motor vehicle under the influence of drugs or alcohol.

“Our neighbors all have anonymous numbers in place to report drunk drivers,” Undersheriff Lanny Hensley of the Sanders County Sheriff’s Office said.

Hensley noted two major roadblocks to establishing an anonymous call center have been restricting progress on an anonymous call line in the past.

The state’s first concern was over many of the calls leading law enforcement on wild goose chases, tracking down motorists who inadvertently swerved on the road and had been called in on the hotline.

Additionally, concerns regarding the ability of a case built off of a traffic stop utilizing an anonymous call would stand up in court, were also a major issue before a recent Supreme Court ruling.  

Though not yet introduced within the state of Montana, an April ruling in the United States Supreme Court may make the proposed call line a reality in the future.

In the case, Prado Navarette v. California, the highest court in the United States decided in a 5-4 decision in favor of anonymous tipping.

The ruling held police are lawfully able to stop and search a driver based solely on an anonymous 911 tip.

The recent Supreme Court ruling firmly creates a precedent-giving law enforcement officers sound probable cause from an aforementioned tip.

 One of the major roadblocks to establishing an anonymous call line in the past was the likelihood any case built off of a traffic stop stemming from an anonymous tip line could be thrown out in court due to the ambiguity regarding probable cause.

The recent ruling puts anonymous calls on much firmer footing in state courts.

However, if anonymous call centers are set up within the state there will likely be an adjustment period, where state laws and elements of the constitution will adjust to the Supreme Court’s recent ruling.  

“We are trying to show we are making an effort to comply with federal laws,” John Marshall, coordinator of the county task force, said.

Marshall noted the federal government has voiced its displeasure with the Montana State Legislature in the past, due to the legislature’s apparent unwillingness to create stiffer penalties for intoxicated driving.

The task force coordinator added there is always the risk Washington D.C. will suspend federal highway funds if there is continued inaction by the state.

Local initiatives, such as the proposed anonymous call line in Sanders County, with the potential to incorporate Mineral and Lincoln counties, are a way to show policy makers something is being done to address drunk driving at the local level.  

A major benefit of introducing an anonymous call number to rural areas of Montana such as Sanders County is in the ability of such a hotline to protect the anonymity of individuals reporting alleged intoxicated driving added Hensley.

Hensley also noted all calls made to standard 911 numbers are recorded and these recordings can become available to the public through requests, often made by defense attorneys during ongoing cases.

In small communities the release of such material can be detrimental to a citizen’s standing in a local community, especially if he or she lives in an area with smaller populations.

The task force’s June meeting wrapped up by addressing proposed initiatives to promote DUI awareness.

The idea was proposed to start a contest with local schools for students to create a winning slogan, an effort that would raise the dangers of drunk driving in the community, while extending the outreach to teach youths why minors should not drink.