subject: Dui In Florida, Officers Have Unlimited Jurisdiction [print this page] In the case of State vsIn the case of State vs. Price, the Second District Court of Appeal ruled that an officer can make a traffic stop and detain someone, for a suspected dui, outside of the officer's jurisdiction.
On September 21, 2010, an officer outside of his jurisdiction, but in his patrol car, spotted defendant's vehicle as it was on the access ramp to get on Interstate 75. The officer followed defendant's car and made numerous observations consistent with an individual who's DUI. The officer's observations included wide turns, varying speeds, drifting, nearly striking other vehicles as well as objects. It is not disputed the driving pattern did constitute probable cause for a DUI stop.
Knowing that he was outside his jurisdiction, the officer asked dispatch to check if a State Trooper or Sheriff's Deputy was available to make the traffic stop. The officer was informed that nobody was available. Due to the dangerous driving pattern, the Officer decided to make the traffic stop himself and turned on his lights. The defendant pulled over on the side of the road and was told to keep his hands on the steering wheel until a Sheriff's Deputy could arrive and take over the investigation.
The defendant was charge with, among other things, DUI. The defense filed a motion to suppress in the trial court arguing the stop was illegal and the "under color of office" doctrine applied. The trial court granted the motion to suppress. The State appealed.
The Second District Court of Appeal reversed holding that an officer outside of his jurisdiction has exactly the same right to make an arrest of a person who commits a felony or a breach of the peace in his presence. The "under color of office" doctrine did not apply as it only pertains to stopping law enforcement from using the powers of their office to observe unlawful activity or gain access to evidence not available to a private citizen. Accordingly, the traffic stop and detention amounted to the equivalent of a civilian stopping a automobile and detaining the suspect. The court ruled that by utilizing his emergency lights and appearing in uniform, the officer did not violate the "under color of office" doctrine.
