Fellow Officer Rule – Criminal Law

This week the Florida Supreme Court held that the fellow officer rule does not allow an officer who lacked firsthand knowledge of a traffic stop to testify about the basis for the initial stop during a suppression hearing to establish probable cause for the initial stop when the initial arresting officer was not present at the hearing. The fellow officer rule is not a rule of evidence to permit hearsay testimony regarding the knowledge of another officer to justify the other officer’s conduct. Instead the purpose of the rule is to facilitate arrests and searches by allowing an officer to rely on officers’ collective knowledge to act in the field and to testify with regard to that collective knowledge to justify his or her own conduct.

Arrested in Jacksonville? Get Help Immediately

Call Us at 904-398-2212