People v. Smulik

Court properly granted Defendant's motion to quash arrest for DUI and to suppress evidence. Police officer, after anonymous tip to dispatcher that driver of certain vehicle was drunk, pulled in behind Defendant's vehicle in gas station parking lot, with emergency lights activitated., Defendant made no attempt to drive off, and thus submitted to encounter and was seized at that point. Officer had no personal knowledge of any facts suggesting that Defendant was committing or about to commit a crime, and could have but did not initiate consensual encounter to determine whether tip was genuine. (McLAREN and BURKE, concurring.)