Can a Florida Police Officer Demand You Take a Breath Test Outside of Their Jurisdiction?

Florida courts have long recognized the “color of office” rule. Basically, this rule provides that a police officer cannot use the appearance of official power in a jurisdiction where they have no such power. The rule dates back to a 1962 case, Collins v. State, where two West Palm Beach police officers illegally conducted a search of a motel room outside of their jurisdiction. The Court of Appeal held the evidence obtained in that search was inadmissible against the defendant.

Appeals Court Rejects “Continuing Investigation” Exception

More recently, the Florida Sixth District Court of Appeals applied the color of office rule to uphold a trial judge’s decision to suppress the result of a breath test in a DUI case. In State v. Repple, a police officer with the City of Maitland in Orange County initiated a traffic stop of the defendant. This stop occurred within the Maitland city limits. After observing the defendant slurring his words and smelling of alcohol, the officer conducted a series of field sobriety tests. Based on the results of those tests, the officer decided to arrest the defendant and take him to an Orange County Sheriff’s Office facility to administer a breath test.

The test facility was outside of Maitland but within Orange County. Upon arrival, the officer gave the defendant an “implied consent” warning, after which he consented to the breath test. The test revealed the defendant’s blood-alcohol content was over the legal limit. This led to the defendant’s prosecution on DUI charges.

Before the trial court, the defendant argued the results of the breath test should be suppressed, as the officer acted outside of his jurisdiction. The prosecution argued the officer’s actions were legal since his DUI investigation started in the City of Maitland, which was within his jurisdiction. The trial judge rejected the state’s argument and granted the defendant’s motion to suppress.

The Sixth District upheld that decision on appeal. In doing so, it certified a conflict with the Fifth District Court of Appeal, which in a similar case held there was a judicially recognized exception to the color of office rule for a “continuing investigation.” The Sixth District, in contrast, held there was no such exception. Under the Florida constitution, cities may only exercise police powers granted by the legislature. With respect to the City of Maitland, its officers have no authority to engage in official acts outside of the city limits. The only generally applicable legislative exceptions are for cases involving a “fresh pursuit” of a fleeing suspect, or where there is a written agreement between a city and a county to jointly conduct law enforcement activities. Neither exception applied to the facts of this case.

Contact the Joshi Law Firm Today

A drunk driving arrest carries potentially serious consequences for you and your family. It is therefore essential to work with a qualified Orlando DUI lawyer who can identify potential weaknesses in the state’s case against you. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

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