STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
DEBORAH S. SHONYO, RESPONDENT
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The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court order that overturned a hearing officer's decision to suspend Deborah Shonyo's driving privileges. The appellate court held that the hearing officer properly applied the "fellow officers" rule in relying on hearsay statements from another officer's observations in the probable cause affidavit, and reversed the circuit court's decision.
The hearing officer properly applied the "fellow officers" rule, which allows an arresting officer to rely on representations from an officer with firsthand knowledge to establish probable cause. The facts presented were sufficient to meet the statutory probable cause requirements, and the circuit court erred in requiring the affidavit to contain only firsthand observations.
[1] A hearing officer at a driver's license suspension hearing may rely on the probable cause affidavit of the arresting deputy, even if that affidavit contains hearsay state…
[2] The "fellow officers" rule permits an arresting officer to assume probable cause to arrest exists when relying on the representations of an officer with firsthand knowled…
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Join FLexlaw to unlock all legal intelligence“The hearing officer was only required to determine if the arresting deputy had probable cause to believe Shonyo committed the act for which she was arrested.”
Clarifies the limited scope of the hearing officer's inquiry at a suspension hearing
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Join FLexlaw to unlock all legal intelligenceDeborah Shonyo's driving privileges were suspended following a formal hearing under Florida Statutes § 322.2615(6). The hearing officer upheld the sus…
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PER CURIAM.
The State Department of Highway Safety and Motor Vehicles seeks certiorari review of an order of the circuit court which overturned a hearing officer’s determination upholding the suspension of Deborah S. Sho-nyo’s driving privileges. We grant the petition and quash the lower court order. At the formal hearing authorized by section 322.2615(6), Florida Statutes (1993), the hearing officer based the decision to uphold Shonyo’s suspension on the probable cause affidavit of the arresting deputy which included a description of certain of Shonyo’s actions as witnessed by another officer. On certiorari review, the circuit court held that although the hearing officer could rely on information supplied pursuant to the “fellow officers” rule1 at the suspension hearing, hearsay statements attributable to another officer which were contained in the affidavit could not be considered. On that basis, the circuit court found that the probable cause requirements of section 322.2615(7)(b)1, Florida Statutes (1993), had not been met.
The circuit court has erroneously interpreted the requirements of that statute as to what proof must be presented at a suspension hearing. The hearing officer was only required to determine if the arresting deputy had probable cause to believe Shonyo committed the act for which she was arrested. The fellow officers rule allows the arresting officer to assume that probable cause to arrest a suspect exists when he relies upon the representations of an officer who has firsthand knowledge of events. Therefore, the facts of this case are sufficient to meet the probable cause requirements of the statute.
Accordingly, the petition is granted, the writ is issued, the circuit court order which overturns the determination of the hearing officer is hereby quashed. The hearing officer’s determination suspending Shonyo’s driving privileges is reinstated.
PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur. . See generally Carroll v. State, 497 So. 2d 253, 259 (Fla. 3d DCA 1985), review denied, 511 So. 2d 297 (Fla.1987) (arresting officer not required to have firsthand knowledge to constitute probable cause but may rely upon the strength of a directive or bulletin on a suspect and assume probable cause exists to arrest).
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State v. Bowers, 87 So. 3d 704 (Fla. 2012)…that the driver had operated his vehicle while intoxicated based on his observations of the driver together with information from another deputy that the driver had been driving the vehicle); State Dep’t of Highway Safety & Motor Vehicles v. Shonyo, 659 So. 2d 352, 353 (Fla. 2d DCA 1995) (“The fellow officers rule allows the arresting officer to assume that probable cause to arrest a suspect exists when he relies upon the representations of an officer who has firsthand knowledge of the events.”). However, thi…
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Dep't OF Hwy. Safety v. Dean, 662 So. 2d 371 (Fla. 5th DCA 1995)…hat have the effect of providing more procedural safeguards to licensees in these revocation hearings suggests a continuing concern about the fairness of this statutory procedure. See, e.g., Department of Highway Safety and Motor Vehicles v. Shonyo, 659 So. 2d 352 (Fla. 2d DCA 1995); Department of Highway Safety and Motor Vehicles v. Riggen, 654 So. 2d 221 (Fla. 1st DCA 1995), Anderson v. Department of Highway Safety and Motor Vehicles, 3 Fla.Supp. 250 (Fla. 7th Cir. June 6, 1995); Day v. Department of Highwa…
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State v. Anthol, 742 So. 2d 813 (Fla. 2d DCA 1999)…nt certiorari relief. See Haines City Community Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995); Department of Highway Safety & Motor Vehicles v. Green, 702 So. 2d 584, 585 (Fla. 2d DCA 1997); State, Dep’t of Highway Safety & Motor Vehicles v. Shonyo, 659 So. 2d 352, 353 (Fla. 2d DCA 1995). Section 322.2615(11) provides that a “formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breat…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carroll v. State, 497 So. 2d 253 (Fla. 3d DCA 1985)