SEE STATE
v.
CARATTINI
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Milligan sought certiorari review of a hearing officer's order sustaining suspension of his driver's license following a DUI arrest. The appellate court denied the petition, holding that eyewitness information from a citizen-informant corroborated by the responding officer established reasonable suspicion for the stop, and the officer's observations of impairment provided probable cause for arrest.
Under the totality of the circumstances, the content of the eyewitness information voluntarily given by a citizen-informant motorist face-to-face to an officer, when corroborated by the observations of the nearby responding officer to whom it was transmitted by radio, established reasonable suspicion for the stop. The observations of the responding officer of Petitioner's obvious signs of impairment after Petitioner exited his vehicle furnished probable cause to arrest Petitioner for DUI.
[1] Reasonable suspicion for a traffic stop can be established by the corroborated observations of a responding officer based on information voluntarily provided by a citizen…
[2] Obvious signs of impairment observed by a responding officer after a driver exits their vehicle can furnish probable cause for a DUI arrest.
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Join FLexlaw to unlock all legal intelligence“under the totality of the circumstances, the content of the eye-witness information voluntarily given by a citizen-informant motorist face-to-face to an officer, when corroborated by the observations of the nearby responding officer to whom it was transmitted by radio, established reasonable suspicion for the stop”
Establishes the standard for evaluating whether citizen-informant information supports reasonable suspicion for a traffic stop
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA citizen-informant motorist provided eyewitness information face-to-face to an officer about Petitioner's vehicle. The responding officer, who receiv…
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from the Florida Department of Highway Safety and Motor Vehicles, Donna Petty, Hearing Officer. William R. Ponall, Esquire and Warren W. Lindsey, Esquire, for Petitioner
Richard M. Coln, Assistant General Counsel, for Respondent.
Before POWELL, APTE, ROCHE, J.J.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Petitioner Milligan seeks certiorari review of the order of a hearing officer sustaining the suspension of his driver’s license after a formal review hearing. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320, and deny the petition.
Contrary to Petitioner’s two arguments, we conclude that, under the totality of the circumstances, the content of the eye-witness information voluntarily given by a citizeninformant motorist face-to-face to an officer, when corroborated by the observations of the nearby responding officer to whom it was transmitted by radio, established reasonable suspicion for the stop. See State v. Carattini, 774 So. 2d 927 (Fla. 5th DCA 2001); State v. Jaccoma, 14 Fla. L. Weekly Supp. 876a (Fla.18th Cir.Ct. 2007). Further, we conclude that the observations of the responding officer of Petitioner’s obvious signs of impairment after Petitioner exited his vehicle furnished probable cause to arrest Petitioner for DUI. See DHSMV v. Possati, 866 So. 2d 737 (Fla. 3d DCA 2004). There was sufficient competent substantial evidence to support the findings of the hearing officer. Consequently, it is hereby ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DENIED. DONE AND ORDERED at Orlando, Florida this __28th___ day of __June_____, 2011.
__/S/_______________________
ROM W. POWELL Senior Judge
/S/
_/S/_________________________ ALAN S. APTE RENEE A. ROCHE Circuit Judge Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing order was furnished to William R. Ponall, Esq. and Warren W. Lindsey, Esq., P.O. Box 2728, Winter Park, Florida 32790; and Richard M. Coln, Assistant General Counsel, P.O. Box 570066, Orlando, Florida 32857, by mail, this __28th__ day of ___June______________, 2011.
_/S/________________________________
Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carattini v. State, 774 So. 2d 927 (Fla. 5th DCA 2001)
- State v. Alessandro Marci Possati, 866 So. 2d 737 (Fla. 3d DCA 2004)