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The state Supreme Court has let stand an Appellate Court ruling that police officers need more than "a hunch" to stop motorists they suspect are driving under the influence of drugs or alcohol.

The state's highest court today dismissed the state's appeal, marking the third strike against the prosecution since Coventry Police Officer Gail McDonnell arrested Joshua Milotte of Willimantic on April 17, 2004.

McDonnell, a veteran officer, was patrolling Route 44 just before 2 a.m. when she noticed a vehicle in front of her and eventually pulled up directly behind Malotte's car. Malotte almost immediately turned right onto a side street, arousing McDonnell's suspicions. She continued driving on Route 44 until she reached the Bolton town line, and turned her vehicle around and headed east on Route 44. She soon noticed Malotte's car in a convenience store parking lot, which fueled her suspicion that Malotte was trying to avoid her.

McDonnell pulled her cruiser into the store parking lot, took down Malotte's license number and processed it through police dispatch. Although Malotte's car was properly registered and there were no warrants for his arrest, McDonnell's suspicions were reinforced by the fact he lived in Willimantic and would have no apparent reason to suddenly turn onto a Coventry side street.

When Malotte left the convenience store parking lot with McDonnell's cruiser in tow, he turned onto another side street and pulled into the driveway of a darkened farmhouse. McDonnell passed the farmhouse, turned around at the end of the road, and returned to find an empty driveway at the farmhouse. When she spotted Malotte again, driving east on Route 44, she pulled him over and arrested him for driving under the influence.

Superior Court Judge Richard W. Dyer suppressed all evidence against Malotte, saying the officer did not have a specific and objective reason to have stopped Malotte. The Appellate Court on appeal agreed.

"McDonnell did not observe [Malotte] driving his vehicle in an unsafe or illegal manner, including speeding," Appellate Court Judge Douglas S. Lavine wrote. "There were no recent reports of crimes in the area, and McDonnell knew that the vehicle and its owner were not wanted by the authorities.

"Whatever visceral or intuitive feeling McDonnell had about the way in which [Malotte] was operated his vehicle on April 17, 2004, when all is said and done, it was nothing more than a hunch," said Lavine.

Public defender Karen Goodrow, one of Malotte's lawyers, said the string of rulings in Malotte's favor have "a good, common sense ring" to them. "You can lawfully avoid a police officer if you're not doing anything wrong.

"What I love about this case is that it has that 'every person' attraction to it," Goodrow said. "Who among has been driving and not doing anything wrong and suddenly have a police officer driving behind us and get nervous? I think it's a wonderful case because it reflects what I think just about everyone has experienced at some point in their lives."