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)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions