Fellow-Officer Rule

The state appealed the decision of the trial judge dismissing the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test). The state argued that the officer had reasonable suspicion to stop the defendant based on the “fellow officer” rule. The Court held that the fellow officer rule did not apply in this case because the informant was a private citizen and she was not a trained police officer. Accordingly, the Court affirmed the decision of the trial judge dismissing the violations.Town of North Smithfield v. Thomas Casperson, C.A. No. T11-0034 (January 17, 2012).pdf