GEORGE ROBERTS, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Roberts challenged a one-year suspension of his driving privileges imposed by the Department of Highway Safety and Motor Vehicles, arguing that an officer outside his jurisdiction lacked authority to stop him for erratic driving. The court upheld the suspension, holding that an off-duty officer may make a citizen's arrest for breach of the peace based on dangerous driving conduct.
The court held that an officer acting outside his jurisdiction may make a citizen's arrest for a misdemeanor constituting breach of the peace when the conduct—including erratic and dangerous driving—occurs in the officer's presence, and such authority justified the initial stop and subsequent suspension of driving privileges.
[1] A citizen may arrest a person who commits a misdemeanor in their presence when the misdemeanor amounts to a breach of the peace.
[2] Erratic and unsafe driving can constitute a breach of the peace, authorizing a citizen's arrest.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“citizens have a "right to arrest a person who commits a misdemeanor in their presence when said misdemeanor amounts to breach of the peace"”
Establishes the foundational legal principle that private citizens, including off-duty officers, may arrest for breach of the peace misdemeanors
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGeorge Roberts was stopped by an officer acting outside his jurisdiction based on erratic and unsafe driving. Although that officer made an initial co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Citizen'S Arrest cases and more on FLexlaw
SILBERMAN, Judge.
The circuit court denied George Roberts’ petition for writ of certiorari that sought relief from the final order of the Department of Highway Safety and Motor Vehicles suspending Roberts’ driving privileges for one year. In this second-tier certiorari review, Roberts contends that the circuit court applied the wrong law when it determined that an officer outside his jurisdiction could make a legal stop and arrest as a private citizen for a breach of the peace based on Roberts’ erratic and unsafe driving.1 We disagree and deny the petition. See Clinton v. State, 421 So. 2d 186, 188 (Fla. 2d DCA 1982) (recognizing that citizens have a “right to arrest a person who commits a misdemeanor in their presence when said misdemeanor amounts to breach of the peace”); State v. Furr, 723 So. 2d 842, 844-45 (Fla. 1st DCA 1998) (determining that Furr’s drunk driving was a breach of the peace that authorized an officer outside his jurisdiction to make a citizen’s arrest); Edwards v. State, 462 So. 2d 581, 582 (Fla. 4th DCA 1985) (determining that Edwards’ erratic and dangerous driving amounted to a breach of the peace, justifying a citizen’s arrest by an officer outside his jurisdiction).
But see State, Dep’t of Highway Safety & Motor Vehicles v. Pipkin, 927 So. 2d 901, 903 (Fla. 3d DCA 2005) (determining that an officer could not make a stop outside his jurisdiction for a traffic offense and that a citizen’s arrest analysis did not apply because the driver’s conduct did not constitute a felony).
Petition denied.
CANADY and WALLACE, JJ., Concur. . We note that another officer acting in his jurisdiction made the actual arrest and request for Roberts to submit to a breath test.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Armstrong v. State (9th Cir. Ct. App. Div. 2014)…74 So. 3d 528, 530 (Fla. 2d DCA 2011). A citizen may conduct an arrest when he or she observes a person commit any felony, or a misdemeanor if that misdemeanor constitutes a breach of the peace. Roberts v. Dep't of Highway Safety & Motor Vehicles, 976 So. 2d 1241 (Fla. 2d DCA 2008). See also, Edwards v. State, 462 So. 2d 581, 582 (Fla. 4th DCA 1985): “At common law, a private citizen may arrest a person who in the citizen's presence commits a felony or breach of the peace.” The trial court ruled that there…
-
DHSMV v. Luttrell (9th Cir. Ct. App. Div. 2015)…, 74 So. 3d 528, 530 (Fla. 2d DCA 2011). A citizen may conduct an arrest when he or she observes a person commit any felony, or a misdemeanor if that misdemeanor constitutes a breach of the peace. Roberts v. Dep't of Highway Safety & Motor Vehicles, 976 So. 2d 1241 (Fla. 2d DCA 2008). See also, Edwards v. State, 462 So. 2d 581, 582 (Fla. 4th DCA 1985): “At common law, a private citizen may arrest a person who in the citizen's presence commits a felony or breach of the peace.” Driving under the influence may b…
Authorities Cited
- Edwards v. State, 462 So. 2d 581 (Fla. 4th DCA 1985)
- State v. Furr, 723 So. 2d 842 (Fla. 1st DCA 1998)
- Mesa v. State, 421 So. 2d 186 (Fla. 3d DCA 1982)
- State v. Pipkin, 927 So. 2d 901 (Fla. 3d DCA 2005)