Tampa DUI Defense Attorney has been reviewing a recent Driver’s license suspension case involving a Suspension for Driving under influence. The court addressed the Lawfulness of a traffic stop where the Officer was acting outside of the jurisdiction of the law enforcement agency. The stop was based upon Speeding and a lane change to go around another vehicle. The court ruked that activity did not constitute a breach of peace that could justify an officer stopping a vehicle outside of his jurisdiction. The cop claimed he was making a citizen’s arrest. The police submitted no evidence that there was a mutual aid agreement. License suspension was not valid.
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“The initial issue for consideration is whether Officer Waldrep of the Neptune Beach Police Department had legal authority to stop Ms. Smyth within the jurisdiction of the City of Jacksonville when he was not in fresh pursuit or effecting a citizen’s arrest due to erratic driving which constituted a breach of the peace.”
“The appellate courts which have considered the issue of what constitutes “erratic driving” have held that much more is required for a citizen’s arrest of an erratic driver. See Edwards v. State, 462 So.2d 581 (Fla. 4th DCA 1985); State v. Furr, 723 So.2d 842 (Fla. 1st DCA 1998) [23 Fla. L. Weekly D2514a]; State v. Pipkin, 927 So.2d 901 (Fla. 3d DCA 2005) [30 Fla. L. Weekly D2558a].”
“The Court finds that there was no competent substantial evidence to support the stop of the petitioner by Officer Waldrep either as a police officer or as an ordinary citizen. The Petition for Writ of Certiorari is granted, the decision of the Hearing Officer is quashed and the Order of Suspension of the Driving Privilege of the Petitioner is vacated and set aside.”
Source: FLWSUPP 1802SMYT