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Florida DUI Probable Cause - Fellow Officer Rule

By W.F. "Casey" Ebsary Jr., Esq.

A Tampa Bay appeals court in a DUI case has issued a ruling applicable to multi-officer DUI traffic stops. The Fellow Officer Rule under Florida law has traditionally been used by law enforcement and prosecutors, when a witness is unavailable to testify in court. It allows one officer to rely on the probable cause information gathered by another ''fellow'' officer.Recently, in a Driving under influence appeal involving the search and seizure of a vehicle, a defendant's motion to suppress was upheld when testimony of the officer who investigated a DUI case regarding what officer who stopped defendant told him about defendant's driving was ruled to be inadmissible hearsay. Hearsay testimony of the stopping officer is not admissible to prove that stopping officer witnessed the driver commiting a traffic law violation...continue to full post

Full post as published by Tampa DUI Lawyer on November 17, 2009 (boomark / email).