Criminal law -- Probable cause -- Fellow officer rule

Criminal law -- Driving under influence -- Search and seizure -- Arrest -- Probable cause -- Fellow officer rule -- Arresting officer did not have probable cause to arrest defendant for DUI where evidence presented at suppression hearing was inconclusive or inconsistent as to what information was communicated to arresting officer before arrest, other than stopping officer's belief that he smelled odor of alcohol, and stopping officer's testimony as to indicia of impairment he observed was contradicted in several instances by video and audio recordings from officer's body camera -- Motion to suppress is granted

Marco Island Office

Map & Directions | Email Us

651 South Collier Blvd., Suite 2H
Marco Island, FL 34145
239-430-0001 fax 239-430-0002