DUI in Florida, Officers Have Unlimited Jurisdiction

In the case of State vs. Price, the Second District Court of Appeal ruled that an officer can make a traffic stop and detain someone, for a suspected dui, outside of the officer's jurisdiction.

On September 21, 2010, an officer outside of his jurisdiction, but in his patrol car, spotted defendant's vehicle as it was on the access ramp to get on Interstate 75. The officer followed defendant's car as well as made numerous observations consistent with an individual who's DUI. The officer's observations included wide turns, varying speeds, drifting, almost striking other cars as well as objects. It is not disputed the driving pattern did constitute probable cause for a DUI stop.


Knowing that he was outside his jurisdiction, the officer asked dispatch to check if a State Trooper or Sheriff's Deputy was available to make the traffic stop. The officer was informed that no one was available. On account of the dangerous driving pattern, the Officer decided to make the traffic stop himself then turned on his lights. The defendant pulled over to the side of the highway and was told to keep his hands on the steering wheel until a Sheriff's Deputy could arrive and take over the investigation.

The defendant was charge with, among other things, DUI. The defense filed a motion to suppress in the trial court arguing the stop was against the law and the "under color of office" doctrine applied. The trial court granted the motion to suppress. The State appealed.

The Second District Court of Appeal reversed holding that an officer out of of his jurisdiction has the same right to make an arrest of a person who commits a felony or a breach of the peace in his presence. The "under color of office" doctrine didn't apply as it only pertains to stopping law enforcement from using the powers of their office to observe unlawful activity or gain access to evidence not available to a private citizen. Therefore, the traffic stop and detention amounted to the equivalent of a civilian stopping a automobile and detaining the suspect. The court ruled that by utilizing his emergency lights and appearing in uniform, the police officer didn't violate the "under color of office" doctrine.

somekeywordBroward County DUI attorney Michael Dye represents individuals charged with DUI and other serious criminal offenses. For more information, please call (954)745-5848 or visit the website by clicking on the following link: somekeyword.

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