State v. Torres
The State appealed suppression of breath test results obtained after a municipal officer arrested the defendant for DUI within city limits but transported him outside the municipality to administer the breath test. The Fifth District held that the 'ongoing investigation' exception to the color of office doctrine applied, allowing the officer to continue his DUI investigation and request breath testing even outside his territorial jurisdiction, since the offense originated and was observed within his jurisdiction. The court reversed the suppression order and certified a question of great public importance to the Florida Supreme Court.
Key facts
- Municipal police officer arrested defendant for DUI within city limits but transported defendant outside the municipality to administer a breath test.
- Trial court suppressed the breath test results; State appealed the suppression order to the Fifth District Court of Appeal.
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Why it matters
This opinion directly addresses a recurring issue in DUI practice: whether evidence obtained via implied-consent breath testing is subject to suppression when the arresting municipal officer transports the suspect… — full analysis with a trial
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