State v. Torres
The State appealed an order suppressing breathalyzer results where a Winter Park officer arrested the defendant for DUI within city limits but requested and obtained the breath test at a facility in Orlando, outside his territorial jurisdiction. The Fifth District held that the 'ongoing investigation' exception to the color-of-office doctrine applied because the DUI investigation originated and the arrest occurred within the officer's jurisdiction, so the officer retained authority to request breath testing even though the testing site was outside city limits. The court reversed the suppression order and certified a question of great public importance to the Florida Supreme Court.
Key facts
- Winter Park police officer arrested defendant for DUI within city limits but transported him to an Orlando breath-test facility located outside the officer's territorial jurisdiction to obtain breathalyzer results.
- Defendant moved to suppress the breathalyzer results arguing the officer lacked authority to request the test outside his municipal boundaries under the color-of-office doctrine.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies and extends the 'ongoing investigation' exception to the color-of-office doctrine specifically in the DUI breath-testing context, a scenario the court itself recognized as recurring for municipal… — full analysis with a trial
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