A state appeals court Friday suppressed breath-test results in a drunken driving case because the test was administered outside the city of Maitland, where the motorist was stopped.
A three-judge panel of the 6th District Court of Appeal backed defendant Bryan Allen Repple’s argument that the evidence should be suppressed but said the ruling conflicted with a 2022 decision by the 5th District Court of Appeal in a similar case.
The panel took a step known as certifying conflict, which could lead to the Florida Supreme Court taking up the issue.
Read: Former Florida State Rep. Sabatini Ends Congressional Bid
The ruling said a Maitland police officer stopped Repple for speeding, smelled alcohol and saw other signs of possible alcohol use.
Another officer conducted a field sobriety test and arrested Repple for driving under the influence, the ruling said. The officer then drove Repple outside the Maitland city limits to an Orange County facility, where a breath test was administered.
The test showed a blood-alcohol level that exceeded the legal limit, the ruling said. But Repple challenged the breath test by alleging that the officer “unlawfully asserted his official authority because he acted outside of his territorial jurisdiction to obtain evidence not available to a private citizen using his or her own senses.”
A circuit judge agreed with Repple, leading prosecutors to appeal.
Read: 71-Year-Old Tampa Woman Arrested For Murder Following Dispute Over Housekeeping
But in a 20-page ruling, written by Judge Mary Alice Nardella and joined by Judges Carrie Ann Wozniak and Joshua Mize, the panel Friday upheld the circuit judge’s decision and said “extraterritorial powers” must be provided by the Legislature.
“(Based) on the record and arguments before us, we find that the municipal officer in this case was without the power to use his official authority outside the city limits of Maitland to obtain evidence not available to a private citizen,” Nardella wrote.
__Help support the Tampa Free Press by making any small donation by clicking here.__
Android Users, Click To Download The Tampa Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter.Sign up for our free newsletter.
