Summons

Defendant appealed the decision of a Trial Judge at the Rhode Island Traffic Tribunal sustaining a violation of R.I. Gen. Laws 1956 § 31-18-3 (yielding to pedestrians). The Warwick Police Department conducted a traffic operation where officers, in plain-clothes, crossed a roadway at a crosswalk, monitored vehicles passing by, and cited those who did not yield for the plain-clothed officers. Defendant was cited for not yielding as part of this operation. In the instant case, the testimony established that the officer who issued and signed the citation did not observe the violation, but instead relied upon information provided by a fellow police officer. The Appeals Panel noted that R.I. Gen. Laws 1956 Section 31-27-12(a) provides that the observing officer of a violation of any statute or ordinance shall issue and sign the citation against a Defendant.  Nevertheless, the Appeals Panel held that the Trial Judge’s decision was proper because of the “fellow officer rule.” “Under the collective knowledge doctrine – also called the ‘fellow officer rule’ – the knowledge of one officer supporting a search or seizure may be imputed to other law enforcement officers acting in conjunction with the knowledgeable officer.” U.S. v. Hensley, 469 U.S. 221 (1986). The Appeals Panel further noted that the Rhode Island Supreme Court had also held that “a police officer is entitled to make a valid arrest on the basis of information obtained from another police officer[.]” State v. Austin, 641 A.2d 56, 58 (R.I. 1994)(internal citations omitted). Accordingly, the Appeals Panel sustained the trial court’s ruling.

State of Rhode Island v. William Peotrowski, No. T16-0030 (April 12, 2018).pdf