Ocala Criminal Defense Attorneys Choose the Powerful Defense of Dunham & Ingram

The Fellow Officer Rule

When you hire an attorney, you’re hiring an advocate - someone who comes to court with you and fights for you. Beyond what you see your attorney do there are countless things that happen in your case behind the scenes. Research and motions and depositions and contacting witnesses. It’s important that your lawyer know and understand so many aspects of the law in order to have a full arsenal of information with which to protect your rights.

Within the arsenal of knowledge is the Fellow Officer Rule. Under the Fellow Officer Rule the collective knowledge of officers investigating a crime is imputed to each officer. Okay, but what does that mean in the real world? During an investigation an officer must have probable cause to do certain things. Officers can’t ask some questions or do certain things without probable cause. So how can an officer search your car or collect your DNA that has never talked to you or the victim or learned the facts necessary to establish probable cause?

The Fellow Officer Rule.

“Under the ‘fellow officer rule,’ one officer may rely on the knowledge and information possessed by another officer to establish probable cause for an arrest for a felony or misdemeanor offense, or to establish probable cause for a search.” State v Bowers 87 So.3d 704 (Fla. 2012).

It’s important that your lawyer is understanding of and able to utilize a vast amount of legal knowledge. He or she must review what each officer did in your case to determine if it was legal. And if your lawyer doesn’t know the law your rights may be violated.

Call Dunham and Ingram for lawyers who work tirelessly to know and understand the law and your case to make sure you’re protected.