State v. Bowers
87 So. 3d 704
| Fla. | 2012Background
- Bowers was stopped for a traffic violation and subsequently arrested for marijuana, paraphernalia, and DUI after a DUI investigation.
- Bowers moved to suppress all evidence from the stop on grounds the stop was not supported by probable cause.
- At the suppression hearing, the officer who performed the stop did not testify; a second officer testified about the stop based on what the first officer told him.
- Defense objected to the second officer testifying about the first officer’s statements as hearsay.
- The circuit court reversed the county court’s suppression ruling, relying on Ferrer to admit the hearsay to validate the stop.
- The Florida Supreme Court disapproved Ferrer, holding the fellow officer rule is not an evidentiary mechanism to admit hearsay about the stop from a non-participating officer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fellow officer rule permits hearsay about the stop from a nonparticipating officer. | Bowers argues the rule is not a rule of evidence and cannot admit hearsay. | Ferrer supports admitting hearsay to prove stop validity. | Ferrer disapproved; fellow officer rule not useable to admit such hearsay. |
| Whether the initial stop's probable cause can be established via testimony of a later officer. | Second officer’s testimony relied on initial officer’s statements. | Rule allows collective knowledge but not unobserved hearsay for stop validity. | Not allowed; cannot establish probable cause via hearsay from nonparticipants. |
| Whether the decision conflicted with Ferrer and was proper certiorari review. | Second District should follow Bowers, not Ferrer. | Ferrer misapplied the fellow officer rule. | Disapproved Ferrer; approved Bowers; conflict resolved in favor of Bowers. |
Key Cases Cited
- Ferrer v. State, 785 So.2d 709 (Fla. 4th DCA 2001) (held fellow officer rule allows nonparticipating officer testimony to establish stop)
- Bowers v. State, 23 So.3d 767 (Fla. 2d DCA 2009) (disapproved Ferrer; fellow officer rule not a hearsay exception; limits on admissibility)
- Whiteley v. Warden, Wyoming State Penitentiary, 401 U.S. 560 (1971) (fellow officer rule origin and scope; collective knowledge imputed in field investigations)
- State v. Maynard, 783 So.2d 226 (Fla.2001) (collective knowledge imputation principle)
- Johnson v. State, 660 So.2d 648 (Fla.1995) (limits of fellow officer rule regarding warrants/arrests)
- Peterson v. State, 739 So.2d 561 (Fla.1999) (informant reliability; affiant may rely on others' knowledge if timely disclosed)
- Fla. Dep’t of Highway Safety & Motor Vehicles v. Porter, 791 So.2d 32 (Fla. 2d DCA 2001) (illustrates use of fellow officer rule to establish probable cause)
- Lara v. State, 464 So.2d 1173 (Fla.1985) (hearsay admissibility limits in certain contexts)