Atwell v. State
The Fourth DCA reversed the denial of a motion to suppress in a DUI case, holding that the arresting officer lacked probable cause because he did not personally witness the defendant driving or any element of DUI, and could not rely on a private security guard's observations to establish probable cause. The court also rejected the State's alternative argument that the security guard had effectuated a valid citizen's arrest, since his actions did not actually deprive the defendant of her freedom to leave.
Key facts
- Defendant was arrested for DUI by a police officer who did not personally witness her driving or any element of DUI, but relied instead on observations reported by a private security guard.
- The security guard observed the defendant in a parking lot, moved his golf cart to block her vehicle, but the defendant retained access to her car keys and ability to leave.
- +2 more key facts with a free trial
Why it matters
This decision reinforces and clarifies the limits of the 'fellow officer rule' in misdemeanor DUI arrests, confirming it applies only to communications between law enforcement officers and not private citizens or… — full analysis with a trial
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