WEBVTT 00:08:01.147 --> 00:08:06.419 PLEASE BE SEATED. 00:08:06.419 --> 00:08:09.455 >> Chief Justice Carlos Muniz: 00:08:09.455 --> 00:08:11.457 GOOD MORNING AND WELCOME TO THE 00:08:11.457 --> 00:08:13.493 FLORIDA SUPREME COURT OUR FIRST 00:08:13.493 --> 00:08:14.694 KISS TODAY IS STATE OF FLORIDA 00:08:14.694 --> 00:08:16.562 V. BRYAN ALLEN REPPLE CASE 00:08:16.562 --> 00:08:16.762 NUMBER 00:08:16.762 --> 00:08:25.571 SC2024-1088. 00:08:25.571 --> 00:08:27.573 >> Attorney: MAY IT PLEASE THE 00:08:27.573 --> 00:08:34.580 COURT. 00:08:34.580 --> 00:08:35.781 [LISTING NAMES] ON BEHALF OF 00:08:35.781 --> 00:08:37.683 THE STATE THIS CASE ASKS 00:08:37.683 --> 00:08:39.585 WHETHER TO INDISPUTABLY 00:08:39.585 --> 00:08:40.620 ACCURATE AND HIGHLY 00:08:40.620 --> 00:08:41.787 INCRIMINATING BREATH TEST 00:08:41.787 --> 00:08:43.656 RESULTS THAT THE DEFENDANT 00:08:43.656 --> 00:08:45.758 CONSENTED TO TWICE OVER MUST 00:08:45.758 --> 00:08:46.859 NONETHELESS BE SUPPRESSED 00:08:46.859 --> 00:08:48.861 SIMPLY BECAUSE THE ARRESTING 00:08:48.861 --> 00:08:50.696 OFFICER TRANSPORTED THE 00:08:50.696 --> 00:08:51.864 DEFENDANT TO THE COUNTY 00:08:51.864 --> 00:08:53.699 BREATH-TEST FACILITY IN THE 00:08:53.699 --> 00:08:54.734 NEIGHBORING CITY. 00:08:54.734 --> 00:08:55.902 THE ANSWER IS NO FOR TWO 00:08:55.902 --> 00:08:57.770 INDEPENDENT REASONS ONE 00:08:57.770 --> 00:08:59.772 TRANSPORTING A DEFENDANT TO THE 00:08:59.772 --> 00:09:00.973 COUNTY FACILITY IS NECESSARILY 00:09:00.973 --> 00:09:02.975 PART OF THE OFFICERS AUTHORITY 00:09:02.975 --> 00:09:04.844 TO ENFORCE THE LAW IN HIS 00:09:04.844 --> 00:09:05.845 JURISDICTION. 00:09:05.845 --> 00:09:09.248 REGARDLESS THIS IS NOT THE SORT 00:09:09.248 --> 00:09:11.117 OF ISSUE TO WHICH THE 00:09:11.117 --> 00:09:12.385 EXCLUSIONARY RULE WOULD APPLY 00:09:12.385 --> 00:09:16.455 ANYWAY I'M NOT EVEN SURE A 00:09:16.455 --> 00:09:18.558 MOTION TO SUPPRESS IS A PROPER 00:09:18.558 --> 00:09:20.459 VEHICLE TO CONSIDER THAT 00:09:20.459 --> 00:09:21.594 QUESTION I'M HAPPY TO TALK 00:09:21.594 --> 00:09:23.429 ABOUT OTHER ISSUE WHICH WE 00:09:23.429 --> 00:09:25.431 THINK PROVIDE INDEPENDENT BASIS 00:09:25.431 --> 00:09:26.699 FOR QUESTION WITH THE DECISION 00:09:26.699 --> 00:09:28.601 BELOW OTHERWISE I WILLSTART 00:09:28.601 --> 00:09:29.569 WITH THE MERITS. 00:09:29.569 --> 00:09:31.671 MS. PULPITS OFFICERS ARRESTED 00:09:31.671 --> 00:09:32.738 VERY BROAD AUTHORITY . 00:09:32.738 --> 00:09:34.640 >> Attorney: 'S VISION CAN YOU 00:09:34.640 --> 00:09:36.676 EXPLAIN THE RULE YOU'RE 00:09:36.676 --> 00:09:37.710 PROPOSING YOU DON'T SEEM TO 00:09:37.710 --> 00:09:39.645 DEFEND THE 4TH DCA CONTINUING 00:09:39.645 --> 00:09:40.780 INVESTIGATION FROM WORK BUT I 00:09:40.780 --> 00:09:46.085 PULLED OUT FROM THE BRIEF IS 00:09:46.085 --> 00:09:47.253 INCIDENTAL USE OF LIMITED 00:09:47.253 --> 00:09:49.221 AMOUNT OFAUTHORITY WHAT SORT OF 00:09:49.221 --> 00:09:51.190 POOL ARE YOU USING AS AN 00:09:51.190 --> 00:09:52.458 EXCEPTION WHERE DOES IT COME 00:09:52.458 --> 00:09:55.161 >> Attorney Petitioner: WE ARE 00:09:55.161 --> 00:09:56.362 NOT ROOTING FOR AN EXCEPTION I 00:09:56.362 --> 00:09:58.064 THINK WE AGREE YOU HAVE TO LOOK 00:09:58.064 --> 00:09:59.932 AT THE STATUTE THE POLICE 00:09:59.932 --> 00:10:01.968 DEPARTMENTS AUTHORITY IS 00:10:01.968 --> 00:10:03.169 CREATED THE POLICE DEPARTMENT 00:10:03.169 --> 00:10:07.039 IS GRADED BY STATUTE THERE 00:10:07.039 --> 00:10:08.240 AUTHORITY WITHIN AND WITHOUT 00:10:08.240 --> 00:10:10.209 THEIR JURISDICTION IS GOVERNED 00:10:10.209 --> 00:10:12.144 BY STATUTE. WE HAVE AT THE 00:10:12.144 --> 00:10:15.715 STATUTE HERE ON ALL THE WEB 00:10:15.715 --> 00:10:16.916 ACTIVISTS ORIGINAL CHARTER AND 00:10:16.916 --> 00:10:18.784 THE HOME RULE STATUTE THAT 00:10:18.784 --> 00:10:21.887 GIVES THEM THE AUTHORITY TO 00:10:21.887 --> 00:10:23.022 BASICALLY TAKE ON NECESSARY 00:10:23.022 --> 00:10:24.890 STEPS TO ENFORCE THE LAW IN 00:10:24.890 --> 00:10:28.027 TO I DON'T THINK WE ARE RUNNING 00:10:28.027 --> 00:10:29.261 FROM THE FIFTH DCA RULE HERE I 00:10:29.261 --> 00:10:33.099 THINK IT'S ENTIRELY POSSIBLE. 00:10:33.099 --> 00:10:35.101 >> Justice Meredith Sasso: DO 00:10:35.101 --> 00:10:37.069 YOU AGREE WITH THE CONTINUED 00:10:37.069 --> 00:10:39.105 INVESTIGATION FRAMEWORK AS 00:10:39.105 --> 00:10:42.575 PROBABLY AS THE COURT IN RUPPEL 00:10:42.575 --> 00:10:44.443 NOTED OUT A LOOSE TERM THAT GOT 00:10:44.443 --> 00:10:46.412 USED AND REUSED THROUGHOUT 00:10:46.412 --> 00:10:48.447 JURISPRUDENCE WITHOUT A ROUTING 00:10:48.447 --> 00:10:49.281 CASE OR PRINCIPAL. 00:10:49.281 --> 00:10:50.549 >> Attorney: DO THINK THAT THAT 00:10:50.549 --> 00:10:51.417 IS CORRECT. 00:10:51.417 --> 00:10:57.823 WE WOULD NOT CALL THIS ANY SORT 00:10:57.823 --> 00:10:59.759 OF EXCEPTION WOULD NOT CALL 00:10:59.759 --> 00:11:02.695 THIS A CONTINUING INVESTIGATION 00:11:02.695 --> 00:11:04.664 EXCEPTION I DO THINK WE WOULD 00:11:04.664 --> 00:11:06.866 ARGUE THAT AN OFFICER 00:11:06.866 --> 00:11:07.933 INVESTIGATING A CRIME THAT 00:11:07.933 --> 00:11:09.935 OCCURRED IN THEIR JURISDICTION 00:11:09.935 --> 00:11:11.837 IS AN INCIDENTAL EXERCISE OF 00:11:11.837 --> 00:11:13.039 THEIR AUTHORITY TO ENFORCE THE 00:11:13.039 --> 00:11:15.508 LAW IN THEIR JURISDICTION WE 00:11:15.508 --> 00:11:16.742 DON'T THINK THE COURT 00:11:16.742 --> 00:11:18.544 NECESSARILY NEEDS TO REACH THAT 00:11:18.544 --> 00:11:20.279 BROADER QUESTION OF CAN A 00:11:20.279 --> 00:11:22.181 POLICE OFFICER LITERALLY DO 00:11:22.181 --> 00:11:24.383 ANYTHING IN ANOTHERJURISDICTION 00:11:24.383 --> 00:11:26.152 AS LONG AS THEY ARE 00:11:26.152 --> 00:11:27.386 INVESTIGATING A CRIME THAT 00:11:27.386 --> 00:11:30.156 OCCURRED IN THEIRJURISDICTION . 00:11:30.156 --> 00:11:31.424 >> WHAT WOULD BE THE RULE WE 00:11:31.424 --> 00:11:32.258 WOULD MAKE . 00:11:32.258 --> 00:11:34.393 >> Justice: ARE YOU ASKING US 00:11:34.393 --> 00:11:36.295 TO JUST SAY FOR THE PURPOSE OF 00:11:36.295 --> 00:11:38.197 THIS STATUTE FOR THE PURPOSE OF 00:11:38.197 --> 00:11:39.432 IMPLIED CONSENT IN A DUI THEY 00:11:39.432 --> 00:11:42.301 CAN CROSS JURISDICTIONAL 00:11:42.301 --> 00:11:44.236 BALANCE BUT WE WON'T TALK ABOUT 00:11:44.236 --> 00:11:45.204 ANYTHING ELSE? 00:11:45.204 --> 00:11:47.273 >> Attorney Petitioner: I THINK 00:11:47.273 --> 00:11:48.407 ALL THE COURT IS TO SAY TO 00:11:48.407 --> 00:11:49.475 RESOLVE THIS CASE IS THE 00:11:49.475 --> 00:11:51.277 IMPLIED CONSENT STATUTE IS 00:11:51.277 --> 00:11:52.445 CLEAR OFFICERS ARRESTING 00:11:52.445 --> 00:11:54.313 OFFICERS HAVE THE AUTHORITY TO 00:11:54.313 --> 00:11:56.315 REQUEST A BREATH-TEST THAT IS 00:11:56.315 --> 00:11:57.550 AN INCIDENT TO A DUI ARREST 00:11:57.550 --> 00:11:59.318 THAT THIS EARLY IS NOT 00:11:59.318 --> 00:12:04.457 ENCOMPASSED IN THE OFFICERS 00:12:04.457 --> 00:12:05.257 AUTHORITY. 00:12:05.257 --> 00:12:07.359 >> Justice Jamie Grosshans: AND 00:12:07.359 --> 00:12:09.295 THE STATESMAN IT'S SIMILAR TO 00:12:09.295 --> 00:12:11.964 SOMETHING SIMPLE AS BOOKING. 00:12:11.964 --> 00:12:13.933 >> Attorney: CORRECT WE WOULD 00:12:13.933 --> 00:12:15.901 SAY REQUESTING A BREATH-TEST IS 00:12:15.901 --> 00:12:17.036 SIMPLY PART OF THE BOOKING 00:12:17.036 --> 00:12:18.904 PROCEDURE WHEN THERE IS A DUI 00:12:18.904 --> 00:12:20.139 ARREST SPECIFIC EXCEPT IT IS 00:12:20.139 --> 00:12:22.074 NOT A MISDEMEANOR TO REFUSE A 00:12:22.074 --> 00:12:24.176 BOOKING PROCEDURE IMPORTANCE 00:12:24.176 --> 00:12:26.011 ACTUALLY ASCRIBED TO THE FACT 00:12:26.011 --> 00:12:27.980 THAT THE PLANNING TO ENGAGE IN 00:12:27.980 --> 00:12:29.215 THE BREATHALYZER EXAM WOULD 00:12:29.215 --> 00:12:31.217 CONSTITUTE A SEPARATE OFFENSE 00:12:31.217 --> 00:12:32.218 COMMITTED OUTSIDE THE 00:12:32.218 --> 00:12:38.624 TERRITORIAL BOUNDARIES OF 00:12:38.624 --> 00:12:38.891 MIDLAND. 00:12:38.891 --> 00:12:41.660 >> Attorney Petitioner: DON'T 00:12:41.660 --> 00:12:43.696 KNOW THAT THIS ONLY CHANGES THE 00:12:43.696 --> 00:12:44.864 OFFICERS AUTHORITY TO REQUEST 00:12:44.864 --> 00:12:49.769 >> Justice John Couriel: GUESS 00:12:49.769 --> 00:12:51.570 MY QUESTION IS WHAT IS THE 00:12:51.570 --> 00:12:53.539 STATE POSITION I THINK I HAVE A 00:12:53.539 --> 00:12:55.541 POSITION WHAT IS THE STATE'S 00:12:55.541 --> 00:12:56.809 POSITION ON THE EFFECT OF THAT 00:12:56.809 --> 00:12:58.711 FACT PATTERN ON THE OFFICERS 00:12:58.711 --> 00:13:12.324 AUTHORITY FOR EXAMPLE LET'S SAY 00:13:12.324 --> 00:13:13.359 MR REPPLE DECLINES TO 00:13:13.359 --> 00:13:15.294 BREATH-TEST DO I NOW NEED A 00:13:15.294 --> 00:13:16.529 DIFFERENT OFFICER TO CHARGE HIM 00:13:16.529 --> 00:13:18.430 THAT MISDEMEANOR WORK IN THE 00:13:18.430 --> 00:13:20.399 MIDLAND POLICE OFFICER CHARGED 00:13:20.399 --> 00:13:22.601 >> Attorney Petitioner: 00:13:22.601 --> 00:13:25.404 >> Justice John Couriel: SEEK 00:13:25.404 --> 00:13:27.406 CHARGES THE STATE ATTORNEY WILL 00:13:27.406 --> 00:13:27.706 CHARGE HIM. 00:13:27.706 --> 00:13:30.442 >> Attorney Petitioner: 00:13:30.442 --> 00:13:31.644 ADMITTEDLY I HAVE NOT THOUGHT 00:13:31.644 --> 00:13:33.646 ABOUT THAT EXACT ANGLE SPEAKING 00:13:33.646 --> 00:13:35.581 HERE ON THE FLIGHT I THINK IT 00:13:35.581 --> 00:13:37.483 IS PROBABLY CORRECT THE POLICE 00:13:37.483 --> 00:13:38.717 OFFICER THAT WOULD BE A CRIME 00:13:38.717 --> 00:13:40.519 THAT OCCURRED IN ANOTHER 00:13:40.519 --> 00:13:41.720 JURISDICTION AT THAT POINT. 00:13:41.720 --> 00:13:43.689 IT WOULD HAVE TO BE A POLICE 00:13:43.689 --> 00:13:45.658 OFFICER IN OUR JURISDICTION 00:13:45.658 --> 00:13:46.759 ALTHOUGH HE ISALREADY IN 00:13:46.759 --> 00:13:47.660 CUSTODY . 00:13:47.660 --> 00:13:49.595 >> Justice John Couriel: I 00:13:49.595 --> 00:13:50.763 THINK THIS SORT OF 35 SPOONFUL 00:13:50.763 --> 00:13:52.698 IS KIND OF WEIRD WOULD SEEM TO 00:13:52.698 --> 00:13:56.535 ME A LINE AS IF HE IS COMMITTED 00:13:56.535 --> 00:13:57.670 I WOULD GUESS THE STATES 00:13:57.670 --> 00:13:59.538 POSITION WOULD BE SOMETHING 00:13:59.538 --> 00:14:00.739 LIKE ONCE THE ROAST IS COMPLETE 00:14:00.739 --> 00:14:02.741 ONCE THE OFFICER HAD PROBABLE 00:14:02.741 --> 00:14:04.677 CAUSE TO ARREST THIS PERSON AND 00:14:04.677 --> 00:14:06.579 RESTRAIN HIS MOVEMENT IN THIS 00:14:06.579 --> 00:14:07.746 ANALYSIS ABOUT RUBBING 00:14:07.746 --> 00:14:09.615 AUTHORITY OF A CONSTABLE OR 00:14:09.615 --> 00:14:10.850 WHATEVER SORT OF NOW IT IS OUT 00:14:10.850 --> 00:14:12.852 THE WINDOW BECAUSE I RESTRAIN 00:14:12.852 --> 00:14:14.720 THIS PERSON MOVEMENT HE IS 00:14:14.720 --> 00:14:15.888 GOING FOR HOTEL AND IF YOU 00:14:15.888 --> 00:14:17.857 COMMIT ANOTHER CRIME FOR 00:14:17.857 --> 00:14:18.891 EXAMPLE IF YOU SPOKE TO ME 00:14:18.891 --> 00:14:20.759 THROUGH THE SEPARATION OF THE 00:14:20.759 --> 00:14:22.795 CAR HE HAS COMMITTED BATTERY ON 00:14:22.795 --> 00:14:24.797 A LAW ENFORCEMENT OFFICER I 00:14:24.797 --> 00:14:25.998 THINK THE STATE WOULD SAY. I 00:14:25.998 --> 00:14:27.867 DON'T KNOW HE HAS TO CALL 00:14:27.867 --> 00:14:29.068 FIGURE OUT WHERE THE SPIRITISM 00:14:29.068 --> 00:14:31.036 CAN CALL THE POLICE DEPARTMENT 00:14:31.036 --> 00:14:32.938 THERE I RESTRAIN HIS MOVEMENT 00:14:32.938 --> 00:14:34.874 BY ISN'T THE WORLD TO GET DR. 00:14:34.874 --> 00:14:36.041 JUSTICE SASSO'S QUESTION WASN'T 00:14:36.041 --> 00:14:37.877 THE RULE THAT THE STATE IS 00:14:37.877 --> 00:14:39.011 COMPOUNDING MUCH BROADER THAN 00:14:39.011 --> 00:14:40.946 WHAT YOU'RE SAYING WHICH IS FOR 00:14:40.946 --> 00:14:42.848 THE REST OF THE GUY I'M NOW 00:14:42.848 --> 00:14:44.850 INVESTIGATING FURTHER CRIMES? 00:14:44.850 --> 00:14:46.886 >> Attorney Petitioner: THAT IS 00:14:46.886 --> 00:14:48.053 CORRECT YOUR HONOR I THINK WE 00:14:48.053 --> 00:14:50.155 DO SAY THAT IN OUR BRIEF WHEN 00:14:50.155 --> 00:14:51.857 HE IS IN THE POLICE OFFICER 00:14:51.857 --> 00:14:53.092 LAWFUL CUSTODY OF THE POLICE 00:14:53.092 --> 00:14:55.094 OFFICER HAS ARRESTED HIM FOR AN 00:14:55.094 --> 00:14:56.128 OFFENSE THAT OCCURRED IN 00:14:56.128 --> 00:14:57.897 MIDLAND HE DOES NOT HAVE TO 00:14:57.897 --> 00:14:59.164 LISA MENTER TOMAN HE CAN 00:14:59.164 --> 00:15:00.933 CONTINUE GET EVIDENCE FROM THE 00:15:00.933 --> 00:15:02.067 SUSPECT WIPED HE IS IN THE 00:15:02.067 --> 00:15:04.103 LAWFUL CUSTODY HE CAN CONTINUE 00:15:04.103 --> 00:15:06.071 TO ACCEPT POLICE AUTHORITY OVER 00:15:06.071 --> 00:15:08.007 HIM WHILE HEIS IN HIS LAWFUL 00:15:08.007 --> 00:15:09.174 CUSTODY UNTIL HE RELEASES THEM 00:15:09.174 --> 00:15:11.176 TO THE ORANGE COUNTY SHERIFF'S 00:15:11.176 --> 00:15:12.945 OFFICE AT THE ORANGE COUNTY 00:15:12.945 --> 00:15:13.145 JAIL . 00:15:13.145 --> 00:15:15.981 >> Justice Meredith Sasso: EVEN 00:15:15.981 --> 00:15:17.249 ACCEPTING THE RULE OF NOT QUITE 00:15:17.249 --> 00:15:19.251 SURE WHERE THAT IS COMING FROM 00:15:19.251 --> 00:15:21.053 WHERE WE CAN SAY THAT AN 00:15:21.053 --> 00:15:22.254 INCIDENTAL EXERCISE OF POWER I 00:15:22.254 --> 00:15:24.123 THINK YOU RECOGNIZE IS A 00:15:24.123 --> 00:15:25.224 STATUTORY GRANT OF POWER AS 00:15:25.224 --> 00:15:27.059 LONG AS WE INCIDENTALLY USE 00:15:27.059 --> 00:15:29.094 THAT IS FINE EVEN THOUGH IT'S A 00:15:29.094 --> 00:15:30.262 CREATURE OF STATUTE ACCEPTING 00:15:30.262 --> 00:15:34.066 LIMITED BY SOMETHING THAT'S A 00:15:34.066 --> 00:15:36.268 NATURAL CONSEQUENCE. WHEREAS 00:15:36.268 --> 00:15:38.137 SOMEBODY IS IN CUSTODY THEY 00:15:38.137 --> 00:15:39.271 SPIT IF THAT IS THE EXAMPLE I 00:15:39.271 --> 00:15:41.240 THINK THERE IS THE SECOND LINE 00:15:41.240 --> 00:15:43.142 OF CASES ON CITIZENS ARREST 00:15:43.142 --> 00:15:45.110 WHICH IS INTERESTING IN WAYS 00:15:45.110 --> 00:15:47.146 THAT YOU CAN ARREST OUTSIDE A 00:15:47.146 --> 00:15:49.181 JURISDICTION BOOKING WOULD BE A 00:15:49.181 --> 00:15:50.349 NATURAL CONSEQUENCE THEN WE 00:15:50.349 --> 00:15:52.251 HAVE THE BREATH-TEST WHICH IS 00:15:52.251 --> 00:16:00.559 KIND OF SEPARATE IT IS NOT 00:16:00.559 --> 00:16:01.794 NECESSARY TO PROVE THE CASE IT 00:16:01.794 --> 00:16:03.662 IS NOT NECESSARY TO PROVE DUI 00:16:03.662 --> 00:16:05.631 IS NOW A SEPARATE ACT OF 00:16:05.631 --> 00:16:07.166 OBTAINING EVIDENCE EVEN WITHIN 00:16:07.166 --> 00:16:08.600 YOUR RULE HOW IS THAT 00:16:08.600 --> 00:16:08.901 INCIDENTAL? 00:16:08.901 --> 00:16:11.637 >> Attorney Petitioner: I THINK 00:16:11.637 --> 00:16:13.639 OUR RULE IS ANYTHING ANYTHING 00:16:13.639 --> 00:16:15.674 THAT THE OFFICER IS DOING IN 00:16:15.674 --> 00:16:17.676 FURTHERANCE OF SOME LEGITIMATE 00:16:17.676 --> 00:16:18.877 LAW-ENFORCEMENT ACTIVITY IN 00:16:18.877 --> 00:16:23.582 THEIR JURISDICTION WOULD BE FOR 00:16:23.582 --> 00:16:23.816 EXAMPLE. 00:16:23.816 --> 00:16:24.850 >> Justice Meredith Sasso: HOW 00:16:24.850 --> 00:16:26.752 DO WE RUN THAT UP AGAINST HER 00:16:26.752 --> 00:16:28.654 STATED RULES THE OFFICER CANNOT 00:16:28.654 --> 00:16:32.257 COLLECT EVIDENCE OUTSIDE OF IT 00:16:32.257 --> 00:16:32.591 JURISDICTION. 00:16:32.591 --> 00:16:34.693 >> Attorney Petitioner: DON'T 00:16:34.693 --> 00:16:36.128 KNOW YOU WHOEVER SAID AN 00:16:36.128 --> 00:16:37.863 OFFICER CANNOT COLLECT EVIDENCE 00:16:37.863 --> 00:16:39.798 OUTSIDE THE JURISDICTION WHEN 00:16:39.798 --> 00:16:42.668 THE OFFICER IS INVESTIGATING A 00:16:42.668 --> 00:16:43.702 CRIME THAT OCCURRED IN THEIR 00:16:43.702 --> 00:16:44.036 JURISDICTION . 00:16:44.036 --> 00:16:45.838 BUT I THINK THE RULE IS IS THE 00:16:45.838 --> 00:16:47.806 POLICE OFFICER HAVE THE FULL 00:16:47.806 --> 00:16:49.708 POLICE POWER OF THE STATE TO 00:16:49.708 --> 00:16:51.744 ENFORCE LAW AND ORDER IN THEIR 00:16:51.744 --> 00:16:53.746 CITY. OBVIOUSLY THAT MEANS THEY 00:16:53.746 --> 00:16:55.748 CANNOT GO TO ANOTHER CITY TO 00:16:55.748 --> 00:16:56.949 ENFORCE LAW AND ORDER IN THAT 00:16:56.949 --> 00:17:00.786 CITY. THE MAITLAND OFFICER 00:17:00.786 --> 00:17:01.754 CANNOT GO TO ORLANDO AND PULL 00:17:01.754 --> 00:17:02.955 PEOPLE OVER FOR DUI AND ARREST 00:17:02.955 --> 00:17:04.823 PEOPLEFOR DUI GET WANT TO TRY 00:17:04.823 --> 00:17:07.259 TO TAKE OVER MURDER 00:17:07.259 --> 00:17:08.827 INVESTIGATION IN MIAMI. THAT IS 00:17:08.827 --> 00:17:10.029 OBVIOUSLY NOT THE SITUATION WE 00:17:10.029 --> 00:17:10.896 HAVE HERE. 00:17:10.896 --> 00:17:13.032 WITHIN OFFICER IS INVESTIGATING 00:17:13.032 --> 00:17:17.703 A CRIME THAT OCCURRED IN THEIR 00:17:17.703 --> 00:17:18.037 JURISDICTION . 00:17:18.037 --> 00:17:18.937 IT IS GOING TO BE THE CASE 00:17:18.937 --> 00:17:20.873 EVIDENCE OF THE CRIME IS GOING 00:17:20.873 --> 00:17:24.843 TO BE ALL OVERPOTENTIALLY ALL 00:17:24.843 --> 00:17:26.879 OVER THE STATE CRIMES ARE NOT 00:17:26.879 --> 00:17:28.847 LIMITED TO EVIDENCE NOT 00:17:28.847 --> 00:17:30.482 NECESSARILY LIMITED TO THAT 00:17:30.482 --> 00:17:30.816 SPECIFIC CITY. 00:17:30.816 --> 00:17:32.051 I THINK IT WOULD HAMSTRING 00:17:32.051 --> 00:17:33.919 OFFICERS IN THEIR ABILITY TO 00:17:33.919 --> 00:17:35.054 ENFORCE THE LAW IN THEIR 00:17:35.054 --> 00:17:36.922 JURISDICTION IF THEY SIMPLY HAD 00:17:36.922 --> 00:17:37.189 TO RELY . 00:17:37.189 --> 00:17:40.192 >> Justice Meredith Sasso: 00:17:40.192 --> 00:17:41.994 POLICY ARGUMENT BY CONCERN BUT 00:17:41.994 --> 00:17:43.929 THIS IS BAD FACTS MAKE BAD LAW 00:17:43.929 --> 00:17:45.064 YOU PRESENTED A VERY 00:17:45.064 --> 00:17:46.932 COMPLICATED ARGUMENT I'M NOT 00:17:46.932 --> 00:17:48.934 SURE WHAT THE BOUNDARIES OF IT 00:17:48.934 --> 00:17:50.135 ARE THE ROOT OF OUR AUTHORITY 00:17:50.135 --> 00:17:52.071 TO CREATE THAT RULE IS OR IS IT 00:17:52.071 --> 00:17:53.205 THE LEGISLATURE HAS CREATED A 00:17:53.205 --> 00:17:55.174 VERY SIMPLE WAY FOR THE OFFICER 00:17:55.174 --> 00:17:57.042 TO GET THIS THROUGH THE MUTUAL 00:17:57.042 --> 00:17:59.078 AID AGREEMENT WAS LIKELY TO BE 00:17:59.078 --> 00:18:01.080 EXISTED IN THIS CASE IT WAS NOT 00:18:01.080 --> 00:18:03.115 ENTERED INTO EVIDENCE. NOT 00:18:03.115 --> 00:18:04.249 OVERLOOKING THAT ASPECT OF 00:18:04.249 --> 00:18:06.118 REALITY WHILE FROM A POLICY 00:18:06.118 --> 00:18:09.254 PERSPECTIVE WE WOULD NOT BE 00:18:09.254 --> 00:18:11.123 CONTENT WITH THE LEGISLATURE'S 00:18:11.123 --> 00:18:12.357 CHOSEN POLICY TO EFFECTUATE 00:18:12.357 --> 00:18:14.259 THESE AGREEMENTS THEN THE 00:18:14.259 --> 00:18:15.394 NECESSITY FOR THESE OFFICERS TO 00:18:15.394 --> 00:18:17.296 GO TO THE NEXT CITY TO GET A 00:18:17.296 --> 00:18:20.199 BREATH-TEST INSTEAD OF CRATING 00:18:20.199 --> 00:18:21.366 THIS COMMON LAWRULE IN A 00:18:21.366 --> 00:18:22.334 STATUTORY CONTEXT. 00:18:22.334 --> 00:18:25.571 >> Attorney Petitioner: WE 00:18:25.571 --> 00:18:27.306 CERTAINLY THINK MUTUAL AID 00:18:27.306 --> 00:18:28.807 AGREEMENT COULD BE USED TO 00:18:28.807 --> 00:18:30.309 COVER THIS SORT OF SCENARIO 00:18:30.309 --> 00:18:31.477 ALTHOUGH I DON'T KNOW YOU READ 00:18:31.477 --> 00:18:33.378 THE MUTUAL AID STATUTE . 00:18:33.378 --> 00:18:35.380 >> Justice Charles Canady: HELP 00:18:35.380 --> 00:18:36.582 ME UNDERSTAND THAT WHO IS 00:18:36.582 --> 00:18:37.349 AIDING WHO? 00:18:37.349 --> 00:18:39.852 THIS IS ALL ABOUT ENFORCING THE 00:18:39.852 --> 00:18:40.486 LAW IN MAITLAND AND PURSUANT TO 00:18:40.486 --> 00:18:42.421 THIS CRIME THAT IS THERE I 00:18:42.421 --> 00:18:43.689 DON'T UNDERSTAND WHO IS AIDING 00:18:43.689 --> 00:18:44.356 WHO. 00:18:44.356 --> 00:18:45.524 THE MUTUAL AID AGREEMENT 00:18:45.524 --> 00:18:47.392 TYPICALLY IT MEANS AN OFFICER 00:18:47.392 --> 00:18:49.361 CAN GO FROM ONE JURISDICTION TO 00:18:49.361 --> 00:18:49.595 ANOTHER. 00:18:49.595 --> 00:18:51.497 TO ENFORCE THE LAW AND THAT 00:18:51.497 --> 00:18:52.564 OTHER JURISDICTION. 00:18:52.564 --> 00:18:54.366 THAT DOES NOT FIT THE 00:18:54.366 --> 00:18:55.367 CIRCUMSTANCE. 00:18:55.367 --> 00:18:57.369 >> Attorney Petitioner: WHICH 00:18:57.369 --> 00:18:58.470 IS WHAT I WAS ABOUT TO SAY. 00:18:58.470 --> 00:19:00.439 YOU WILL LOOK AT THE MUTUAL AID 00:19:00.439 --> 00:19:02.441 STATUTE IT REALLY IS THE 00:19:02.441 --> 00:19:03.642 SCENARIO IT IS CONTEMPLATING IS 00:19:03.642 --> 00:19:05.511 A JURISDICTION ONE POLICE 00:19:05.511 --> 00:19:08.380 DEPARTMENT BASICALLY REQUESTING 00:19:08.380 --> 00:19:12.518 ASSISTANCE FROM ANOTHER POLICE 00:19:12.518 --> 00:19:14.386 DEPARTMENT YOU MIGHT HAVE A 00:19:14.386 --> 00:19:15.654 PARTICULARLY LARGE EVENT MAY BE 00:19:15.654 --> 00:19:17.523 THE PRECEDENT OF THE UNITED 00:19:17.523 --> 00:19:19.358 STATES IS SPEAKING ORLANDO OR 00:19:19.358 --> 00:19:20.592 SOMETHING AND THEY WANT TO ASK 00:19:20.592 --> 00:19:22.594 THE MAITLAND POLICE DEPARTMENT 00:19:22.594 --> 00:19:24.530 FOR ASSISTANCE THEY CAN HAVE 00:19:24.530 --> 00:19:26.465 THIS WRITTEN AGREEMENT THAT 00:19:26.465 --> 00:19:30.302 ALLOWS THEM TO REQUEST THAT 00:19:30.302 --> 00:19:31.436 ASSISTANCE THEY COME MAITLAND 00:19:31.436 --> 00:19:33.505 POLICE DEPARTMENT CAN EXERCISE 00:19:33.505 --> 00:19:34.773 AUTHORITY IN ORLANDO PURSUANT 00:19:34.773 --> 00:19:36.742 TO THAT AGREEMENT OBVIOUSLY 00:19:36.742 --> 00:19:40.679 THAT ISNOT WHAT WE HAVE HERE 00:19:40.679 --> 00:19:42.514 THIS MIDLAND POLICE OFFICER WAS 00:19:42.514 --> 00:19:43.782 NOT ASSISTING THE POLICE THE 00:19:43.782 --> 00:19:45.617 ORLANDO POLICE DEPARTMENT AND 00:19:45.617 --> 00:19:47.586 ANY LAW ENFORCEMENT WAS 00:19:47.586 --> 00:19:48.820 ENFORCING THE LAW IN MAITLAND 00:19:48.820 --> 00:19:52.157 THIS WAS THE FINAL STEP OF THE 00:19:52.157 --> 00:19:53.659 DUI ARREST THAT OCCURRED IN 00:19:53.659 --> 00:19:53.926 MIDLAND . 00:19:53.926 --> 00:19:54.760 [UNCLEAR AUDIO] 00:19:54.760 --> 00:19:56.728 >> Chief Justice Carlos Muniz: 00:19:56.728 --> 00:20:00.599 CAN WE BACKUP THE SECOND. ONE 00:20:00.599 --> 00:20:01.200 OF THE IT SEEMS LIKE PART OF 00:20:01.200 --> 00:20:02.668 THE I WANT TO MAKE SURE 00:20:02.668 --> 00:20:03.802 UNDERSTAND WHETHER YOU ARE 00:20:03.802 --> 00:20:05.771 GOING ALONG WITH THIS PROMISE. 00:20:05.771 --> 00:20:06.838 IT SEEMS LIKE A LOT OF THE 00:20:06.838 --> 00:20:08.707 QUESTIONS HAVE BEEN GOING TO 00:20:08.707 --> 00:20:10.742 LOOKING FOR AUTHORITY ANY 00:20:10.742 --> 00:20:11.944 STATUTE ETC. I THOUGHT THE 00:20:11.944 --> 00:20:15.847 LOGIC OF THE CONSTITUTION POST 00:20:15.847 --> 00:20:17.783 1968 THAT 60S CITIES HAVE 00:20:17.783 --> 00:20:18.917 DISMISSIBLE POWERS THAT ARE 00:20:18.917 --> 00:20:20.752 GRANTED IN THE CONSTITUTION AS 00:20:20.752 --> 00:20:21.987 PART OF INHERENT HOME RULE IS 00:20:21.987 --> 00:20:25.591 SORT OF A SEED OF CHANGE 00:20:25.591 --> 00:20:27.626 PRE-1968 THE LEGISLATURE HAD TO 00:20:27.626 --> 00:20:28.961 AFFIRMATIVELY GRANT CITIES 00:20:28.961 --> 00:20:30.629 WHATEVER AUTHORITY THEY HAVE 00:20:30.629 --> 00:20:32.698 NOW. NOTICE CONSTITUTIONALLY 00:20:32.698 --> 00:20:33.765 DERIVED. STATUTES ARE THE 00:20:33.765 --> 00:20:35.634 SOURCE OF LIMITS ON CITIES 00:20:35.634 --> 00:20:35.901 AUTHORITY. 00:20:35.901 --> 00:20:38.403 THEN IT SEEMS LIKE IN THIS CASE 00:20:38.403 --> 00:20:39.771 ALL OF THE ELECTRICAL WORK THAT 00:20:39.771 --> 00:20:41.673 THE SIXTH DCA OPINIONS IS DOING 00:20:41.673 --> 00:20:42.941 IS FLOWING FROM THIS IDEA THAT 00:20:42.941 --> 00:20:44.943 THE EXTRATERRITORIAL POWERS HAS 00:20:44.943 --> 00:20:46.678 TO BE AUTHORIZED BY THE 00:20:46.678 --> 00:20:48.013 LEGISLATURE IT SEEMS LIKE A LOT 00:20:48.013 --> 00:20:49.948 OF THIS CASE AUDIBLY COMES DOWN 00:20:49.948 --> 00:20:51.750 TO WHAT IS THE REASONABLE 00:20:51.750 --> 00:20:52.985 UNDERSTANDING OF THE EXERCISE 00:20:52.985 --> 00:20:58.257 OF EXTRATERRITORIAL POWER WHEN 00:20:58.257 --> 00:20:59.424 YOU GO IN AND TRY TO ENFORCE 00:20:59.424 --> 00:21:01.793 THE LAW IN ANOTHER JURISDICTION 00:21:01.793 --> 00:21:03.362 OR YOU'RE USING YOUR COURSE OF 00:21:03.362 --> 00:21:05.163 AUTHORITY TO DO SEARCHES ETC. 00:21:05.163 --> 00:21:06.365 ETC. YOU ARE KIND OF EXERTING 00:21:06.365 --> 00:21:07.833 YOUR POWER INTO THAT 00:21:07.833 --> 00:21:09.101 JURISDICTION. I DON'T KNOW IT 00:21:09.101 --> 00:21:15.574 IS REASONABLY KIND OF ONE WOULD 00:21:15.574 --> 00:21:17.542 REASONABLY UNDERSTAND THE 00:21:17.542 --> 00:21:19.611 CONCEPT OF EXERCISING POWER IN 00:21:19.611 --> 00:21:21.713 ANOTHER JURISDICTION TO INCLUDE 00:21:21.713 --> 00:21:23.615 JUST TAKING SOMEONE WHO YOU 00:21:23.615 --> 00:21:32.591 COULD HAVE DONE THE BREATH-TEST 00:21:32.591 --> 00:21:34.426 IN YOUR OWN YOU CAN DO IT THERE 00:21:34.426 --> 00:21:36.495 UNDER YOUR CONTROL. IF THE CITY 00:21:36.495 --> 00:21:38.430 MAYBE THEY CAN SAVE MONEY BY 00:21:38.430 --> 00:21:39.564 HAVING A FACILITY IN THE CITY 00:21:39.564 --> 00:21:41.466 NEXT DOOR THE IDEA THAT THAT 00:21:41.466 --> 00:21:42.467 CONSTITUTES IN THE 00:21:42.467 --> 00:21:43.635 CONSTITUTIONAL SENSE EXERCISE 00:21:43.635 --> 00:21:45.570 OF POWER TO ME SEEMS LIKE A 00:21:45.570 --> 00:21:46.405 STRETCH. 00:21:46.405 --> 00:21:48.473 >> Attorney Petitioner: I THINK 00:21:48.473 --> 00:21:49.741 THAT IS CORRECT YOUR HONOR WHEN 00:21:49.741 --> 00:21:51.443 WE TALK ABOUT IN 00:21:51.443 --> 00:21:52.678 EXTRATERRITORIAL EXERCISE OF 00:21:52.678 --> 00:21:58.884 POLICE POWER LIKE I SAID 00:21:58.884 --> 00:22:00.819 EARLIER I THINK WHAT WE TALK 00:22:00.819 --> 00:22:02.721 ABOUT IS A POLICE OFFICER WHO 00:22:02.721 --> 00:22:03.989 GOES TO ANOTHER JURISDICTION 00:22:03.989 --> 00:22:05.824 TRIES TO START ENFORCING THE 00:22:05.824 --> 00:22:07.826 LAW THERE ARRESTING PEOPLE 00:22:07.826 --> 00:22:08.927 THERE FOR CRIMES COMMITTED 00:22:08.927 --> 00:22:10.896 THERE. WHICH IS A FAR CRY FROM 00:22:10.896 --> 00:22:11.930 WHAT WE HAVE HERE. 00:22:11.930 --> 00:22:13.832 >> Justice Charles Canady: CAN 00:22:13.832 --> 00:22:14.900 ASK YOU ABOUT THE 00:22:14.900 --> 00:22:15.934 CONSTITUTIONAL ISSUES. 00:22:15.934 --> 00:22:17.936 THE WAY THAT DEVELOPED IN THIS 00:22:17.936 --> 00:22:19.971 CASE WERE THOSE ISSUES BRIEFED 00:22:19.971 --> 00:22:20.906 OR ARGUE? 00:22:20.906 --> 00:22:22.140 IN THE DISTRICT COURT AS FAR AS 00:22:22.140 --> 00:22:22.941 YOU KNOW. 00:22:22.941 --> 00:22:25.877 >> Attorney Petitioner: I 00:22:25.877 --> 00:22:26.244 BELIEVE SO YES. 00:22:26.244 --> 00:22:28.880 I KNOW IT IS AN OPINION. 00:22:28.880 --> 00:22:30.882 THE ISSUE OF THE EXERCISE OF 00:22:30.882 --> 00:22:32.551 EXTRATERRITORIAL AUTHORITY IS 00:22:32.551 --> 00:22:34.486 MY UNDERSTANDING. 00:22:34.486 --> 00:22:35.721 >> Justice Charles Canady: HIM 00:22:35.721 --> 00:22:38.490 TALKINGABOUT THE CONSTITUTIONAL 00:22:38.490 --> 00:22:38.724 ISSUES . 00:22:38.724 --> 00:22:40.625 >> Attorney: THEY TALK ABOUT 00:22:40.625 --> 00:22:42.527 THE COLOR OF OFFICE DOCTRINE 00:22:42.527 --> 00:22:44.496 WHICH IS MY UNDERSTANDING IS 00:22:44.496 --> 00:22:45.163 THE TERMINOLOGY. 00:22:45.163 --> 00:22:47.132 >> Justice Charles Canady: IN 00:22:47.132 --> 00:22:49.201 THE BRIEFING REVERSED THE 00:22:49.201 --> 00:22:50.402 QUESTION IF YOU DON'T KNOW WHAT 00:22:50.402 --> 00:22:51.370 YOU DON'T KNOW. 00:22:51.370 --> 00:22:53.438 I LOOKED AT THE BRIEFING IT DID 00:22:53.438 --> 00:22:55.207 NOT APPEAR TO ME THAT THE 00:22:55.207 --> 00:22:57.175 CONSTITUTIONAL ISSUES I'M MET 00:22:57.175 --> 00:22:59.144 OMITTED THE CONSTITUTIONAL 00:22:59.144 --> 00:23:01.146 ISSUES WERE ACTUALLY BRIEFED WE 00:23:01.146 --> 00:23:03.148 HAD TWO SETS OF BRIEFS WE HAD 00:23:03.148 --> 00:23:05.150 BRIEFS ORIGINALLY FILED 10 00:23:05.150 --> 00:23:07.152 SUPPLEMENTAL BRIEFING BUT THE 00:23:07.152 --> 00:23:09.154 ORDER ORDERING THE SUPPLEMENTAL 00:23:09.154 --> 00:23:11.189 BRIEFING SAID NOTHING ABOUT 00:23:11.189 --> 00:23:13.358 READING CONSTITUTIONAL ISSUES 00:23:13.358 --> 00:23:15.193 IT TALKED ABOUT BRIEFING THE 00:23:15.193 --> 00:23:16.194 STATUTORY ISSUES. 00:23:16.194 --> 00:23:17.429 AND OTHER THINGS RELATED TO 00:23:17.429 --> 00:23:19.231 COLOR OF OFFICE ALL THIS 00:23:19.231 --> 00:23:20.465 DISCUSSION ABOUT THE PREMISE OF 00:23:20.465 --> 00:23:22.634 THE CONSTITUTION THE QUESTION 00:23:22.634 --> 00:23:24.503 IS IS THAT SOMETHING THAT WAS 00:23:24.503 --> 00:23:27.606 ACTUALLY BRIEFED FOR PROPER 00:23:27.606 --> 00:23:28.807 CONSIDERATION BY THE COURT? 00:23:28.807 --> 00:23:31.176 >> Attorney: I SEE THINK THE 00:23:31.176 --> 00:23:35.680 SIXTH DCA BASICALLY THE ISSUE 00:23:35.680 --> 00:23:37.549 IS FRAMED IT IS FRAMED AS A 00:23:37.549 --> 00:23:39.551 STATUTORY ISSUE WHAT THE 00:23:39.551 --> 00:23:40.786 CONSTITUTION SAYS IS BASICALLY 00:23:40.786 --> 00:23:42.621 THAT THIS IS A STATUTORY 00:23:42.621 --> 00:23:43.021 QUESTION. 00:23:43.021 --> 00:23:45.090 >> Chief Justice Carlos Muniz: 00:23:45.090 --> 00:23:46.158 WHAT ARE YOU SAYING THAT? 00:23:46.158 --> 00:23:48.093 THE STATUTES CAN LIMIT IT IS 00:23:48.093 --> 00:23:49.995 KIND OF LIKE LOCAL GOVERNMENT 00:23:49.995 --> 00:23:50.262 LAW 101. 00:23:50.262 --> 00:23:53.899 IF YOU LOOK AT 2B PRINCIPALITY 00:23:53.899 --> 00:23:57.736 HELP GOVERNMENTAL AUTHORITY 00:23:57.736 --> 00:24:09.281 BULBAR POWER PERFORM USEFUL 00:24:09.281 --> 00:24:11.283 FUNCTIONS AND RENDER MUNICIPAL 00:24:11.283 --> 00:24:13.251 FUNCTION MAY EXERCISE ANY POWER 00:24:13.251 --> 00:24:14.419 FOR MUNICIPAL PURPOSES EXCEPT 00:24:14.419 --> 00:24:16.321 AS OTHERWISE PROVIDED BELOW. IT 00:24:16.321 --> 00:24:18.290 SEEMS LIKE I DON'T THINK THAT 00:24:18.290 --> 00:24:20.158 THERE IS ANYTHING IN THE 00:24:20.158 --> 00:24:21.359 STATUTES THAT I THAT'S BEEN 00:24:21.359 --> 00:24:23.361 INVOKED AS SAYING EXPLICITLY 00:24:23.361 --> 00:24:25.297 YOU CAN OR CANNOT DO THIS AS I 00:24:25.297 --> 00:24:26.465 READ THE SIXTH DCA ALL OF THE 00:24:26.465 --> 00:24:28.266 WORK IS BEING DONE BY THIS 00:24:28.266 --> 00:24:29.434 INFERENCE THAT IF A 00:24:29.434 --> 00:24:31.203 MUNICIPALITY IS EXERCISING 00:24:31.203 --> 00:24:33.205 CORTICAL EXIT TERRITORIAL POWER 00:24:33.205 --> 00:24:34.439 THAT THAT HAS TO BE AUTHORIZED 00:24:34.439 --> 00:24:36.241 BY THE LEGISLATURE I DON'T 00:24:36.241 --> 00:24:39.878 THINK THE REASONABLE 00:24:39.878 --> 00:24:41.046 UNDERSTANDING OF THE EXERCISE 00:24:41.046 --> 00:24:42.981 OF EXTRATERRITORIAL POWER IS 00:24:42.981 --> 00:24:44.816 EQUIVALENT TO ANYTHING THAT A 00:24:44.816 --> 00:24:46.017 POLICE OFFICER DOES OUTSIDE OF 00:24:46.017 --> 00:24:47.819 THE CITY THAT THE CITY THAT 00:24:47.819 --> 00:24:49.054 THEY ARE EMPLOYED BY IT SEEMS 00:24:49.054 --> 00:24:53.658 LIKE THAT IS NOT A STATUTORY 00:24:53.658 --> 00:24:55.527 QUESTION THE SIXTH DCA WAS 00:24:55.527 --> 00:24:56.695 ESSENTIALLY WHETHER THEY 00:24:56.695 --> 00:24:58.563 EXPRESSLY SAY THIS OR NOT THEY 00:24:58.563 --> 00:24:59.865 ARE INTERPRETING THIS PHRASE IN 00:24:59.865 --> 00:25:11.309 THE CONSTITUTION AND I THINK 00:25:11.309 --> 00:25:12.544 BECAUSE THERE ARE THESE OTHER 00:25:12.544 --> 00:25:14.579 CASES WHERE IT TALKS ABOUT 00:25:14.579 --> 00:25:16.314 CONDUCTING SEARCHES AND 00:25:16.314 --> 00:25:17.549 ARRESTING PEOPLE OUTSIDE OF 00:25:17.549 --> 00:25:19.484 YOUR JURISDICTION THERE SORT OF 00:25:19.484 --> 00:25:21.486 BY ANALOGY EITHER ASSUMING OR 00:25:21.486 --> 00:25:22.621 THEY ARE DRAWING INFERENCES 00:25:22.621 --> 00:25:24.556 THAT READING THIS CONSENT 00:25:24.556 --> 00:25:26.491 THING, INSTRUCTING, REALLY THE 00:25:26.491 --> 00:25:28.426 REQUEST IS MADE OF THE PERSON 00:25:28.426 --> 00:25:30.128 ADMINISTERING THE TEST FOR IT 00:25:30.128 --> 00:25:31.496 IS NOT REALLY A REQUEST . IT'S 00:25:31.496 --> 00:25:33.665 A LITTLE VAGUE AS TO WHO IS 00:25:33.665 --> 00:25:34.599 REQUESTING WHAT FROM HOME. 00:25:34.599 --> 00:25:36.401 ALL OF THE WORK HERE IS 00:25:36.401 --> 00:25:44.442 BASICALLY TRYING TO BUY THE 00:25:44.442 --> 00:25:46.444 SIXTH DCA IS TRYING TO FIT WHAT 00:25:46.444 --> 00:25:48.346 IS GOING ON HERE AND DO THE 00:25:48.346 --> 00:25:49.447 SAME THING AS GOING INTO 00:25:49.447 --> 00:25:50.849 ANOTHER CITY AND KNOCKING ON 00:25:50.849 --> 00:25:52.350 THE DOOR OF THE HOME OR 00:25:52.350 --> 00:25:53.518 EVIDENCE THAT IS IN THERE OR 00:25:53.518 --> 00:25:55.420 PERSON THAT IS THERE SORT OF 00:25:55.420 --> 00:25:57.422 ORGANICALLY RATHER THAN THIS 00:25:57.422 --> 00:25:58.557 SITUATION WHERE IT IS ARGUABLY 00:25:58.557 --> 00:26:00.458 JUST VERY DIFFERENT IT IS 00:26:00.458 --> 00:26:02.360 CERTAINLY MORE IT'S NOT IN THE 00:26:02.360 --> 00:26:05.664 KIND OF COURT OF AN EXERCISE OF 00:26:05.664 --> 00:26:07.499 POWER (NOT SAYING THAT IT IS 00:26:07.499 --> 00:26:09.568 CRAZY TO CHARACTERIZE IT THAT 00:26:09.568 --> 00:26:10.802 WAY IT'S ON THE FRINGE AT BEST. 00:26:10.802 --> 00:26:16.007 >> Attorney: I THINK WE AGREE 00:26:16.007 --> 00:26:18.043 THAT OUR ARGUMENT I GUESS THIS 00:26:18.043 --> 00:26:19.878 IS NOT REALLY AND TRULY AN 00:26:19.878 --> 00:26:21.880 EXERCISE OF EXTRATERRITORIAL 00:26:21.880 --> 00:26:23.214 AUTHORITY WITHIN THE MEANING OF 00:26:23.214 --> 00:26:25.083 THE CONSTITUTIONAL PROVISION. 00:26:25.083 --> 00:26:26.885 HE WAS ENFORCING THE LAW. 00:26:26.885 --> 00:26:27.218 IN MAITLAND. 00:26:27.218 --> 00:26:29.020 >> Justice Charles Canady: 00:26:29.020 --> 00:26:30.822 LET'S GO BACK TO THE INFORMED 00:26:30.822 --> 00:26:32.757 CONSENT STATUTE IF YOU LOOK AT 00:26:32.757 --> 00:26:40.031 316 -1932 IT TALKS ABOUT THE 00:26:40.031 --> 00:26:41.166 ADMINISTRATION OF THE TEST 00:26:41.166 --> 00:26:43.068 BEING INCIDENTAL TO A LAWFUL 00:26:43.068 --> 00:26:43.301 ARREST. 00:26:43.301 --> 00:26:46.938 AND ADMINISTERED AT THE REQUEST 00:26:46.938 --> 00:26:51.910 OF A LAW ENFORCEMENT OFFICER 00:26:51.910 --> 00:26:53.044 THAT HAD REASONABLE CAUSE TO 00:26:53.044 --> 00:26:55.046 BELIEVE THE PERSON WAS DRIVING 00:26:55.046 --> 00:26:56.881 UNDER THE INFLUENCE. THIS IS 00:26:56.881 --> 00:26:58.883 KIND OF AN RESISTIBLE 00:26:58.883 --> 00:27:00.018 APPLICATION THAT IT'S 00:27:00.018 --> 00:27:03.521 ORDINARILY NOT ALWAYS 00:27:03.521 --> 00:27:04.756 ORDINARILY THAT REASONABLE 00:27:04.756 --> 00:27:06.625 CAUSE ISCURRENTLY POSSESSED BY 00:27:06.625 --> 00:27:07.692 THE ARRESTING OFFICER . 00:27:07.692 --> 00:27:09.761 >> Attorney: THAT IS RIGHT YOUR 00:27:09.761 --> 00:27:11.763 HONOR IF YOU LOOK AT SUBSECTION 00:27:11.763 --> 00:27:13.732 1D IT SAYS IF THE ARRESTING 00:27:13.732 --> 00:27:15.567 OFFICER DOES NOT REQUEST 00:27:15.567 --> 00:27:16.801 BREATH-TEST THE DEFENDANT CAN 00:27:16.801 --> 00:27:23.074 ASK HIM TO. IN WHICH CASE HE IS 00:27:23.074 --> 00:27:24.876 REQUIRED TO GIVE ARRESTING 00:27:24.876 --> 00:27:27.245 OFFICER IS REQUIRED TO REQUEST 00:27:27.245 --> 00:27:28.947 BREATH-TEST I TAKE IT UNDER MR 00:27:28.947 --> 00:27:30.949 REPPLE'S VIEW THE BREATH-TEST 00:27:30.949 --> 00:27:32.017 FACILITY SERVICES HIS 00:27:32.017 --> 00:27:33.151 JURISDICTION IS NOT IN A CITY 00:27:33.151 --> 00:27:35.020 HE JUST HAS TO VIOLATE THE 00:27:35.020 --> 00:27:36.154 STATUTE OR ELSE HE CAN DO IT 00:27:36.154 --> 00:27:38.189 ANYWAY I THINK THE DEFENDANT 00:27:38.189 --> 00:27:39.991 CAN WAIT IF THE BREATH-TEST 00:27:39.991 --> 00:27:47.432 RESULTS GOOD FOR HIM AND HE CAN 00:27:47.432 --> 00:27:48.633 ADMIT THEM INTO EVIDENCE THEN 00:27:48.633 --> 00:27:51.403 IF THEY ARE IN COMMITTING PEKIN 00:27:51.403 --> 00:27:52.904 OBJECT AND HAVE THEM 00:27:52.904 --> 00:27:54.406 SUPPRESSED. I DO JUST WANT TO 00:27:54.406 --> 00:27:55.507 BRIEFLY TOUCH ON THE 00:27:55.507 --> 00:27:56.508 SUPPRESSION ISSUE. 00:27:56.508 --> 00:27:58.410 EVEN IF YOUR HONORS WERE TO 00:27:58.410 --> 00:27:59.611 THINK THAT THIS REQUIRED A 00:27:59.611 --> 00:28:01.579 MUTUAL AID AGREEMENT SOMETHING 00:28:01.579 --> 00:28:04.783 OF THAT EFFECT. CLEARLY THERE 00:28:04.783 --> 00:28:06.418 WAS AN ARRANGEMENT BETWEEN 00:28:06.418 --> 00:28:07.585 ORANGE COUNTY AND THE MIDLAND 00:28:07.585 --> 00:28:08.620 POLICE DEPARTMENT. 00:28:08.620 --> 00:28:10.588 >> Justice Meredith Sasso: FROM 00:28:10.588 --> 00:28:12.657 A PRESERVATION STANDPOINT I 00:28:12.657 --> 00:28:14.659 KNOW YOU SAID YOU RAISED AT THE 00:28:14.659 --> 00:28:17.629 SIXTH DCA WHITE SHOULD NOT HAVE 00:28:17.629 --> 00:28:19.564 BEEN RAISED AT THE TRIAL COURT 00:28:19.564 --> 00:28:21.499 AFTER ALL A MOTION TO SUPPRESS 00:28:21.499 --> 00:28:22.667 HOSPITAL THERE IS A WORLD THAT 00:28:22.667 --> 00:28:24.469 STEMS FROM THIS COURT'S 00:28:24.469 --> 00:28:25.670 DECISION HARVEY V. FLORIDA YOU 00:28:25.670 --> 00:28:27.739 DON'T HAVE TO MAKE A FUTILE 00:28:27.739 --> 00:28:28.006 OBJECTION. 00:28:28.006 --> 00:28:30.775 THE CASE THE SAME WAY. 00:28:30.775 --> 00:28:32.677 I THINK WHEN IT IS TALKING 00:28:32.677 --> 00:28:34.579 ABOUT TRIAL COURT I DON'T SEE 00:28:34.579 --> 00:28:36.548 THAT LANGUAGE IT WAS MORE OF A 00:28:36.548 --> 00:28:38.917 NARROW RULING I THINK. 00:28:38.917 --> 00:28:40.585 IN THE INTEREST OF JUSTICE 00:28:40.585 --> 00:28:42.887 JUDICIAL EFFICIENCY AND UNIQUE 00:28:42.887 --> 00:28:44.556 CIRCUMSTANCES OF THIS CASE THE 00:28:44.556 --> 00:28:46.624 PERMIT HARVEY TO RAISE HIS 00:28:46.624 --> 00:28:47.759 FUNDAMENTAL SENSING FOR THE 00:28:47.759 --> 00:28:49.627 FIRST TIME ON APPEAL THAT 00:28:49.627 --> 00:28:51.629 SEEMED TO BE APRETTY NARROW 00:28:51.629 --> 00:28:51.863 RULING. 00:28:51.863 --> 00:28:53.631 GENERALLY YOU WOULD AGREE THE 00:28:53.631 --> 00:28:54.833 PRESERVATION ISSUES THE ISSUES 00:28:54.833 --> 00:28:56.668 RAISED IN THE TRIAL COURT . 00:28:56.668 --> 00:29:09.013 >> Attorney: I THINK HARVEY IS 00:29:09.013 --> 00:29:11.049 EXACTLY THIS SITUATION WE HAVE 00:29:11.049 --> 00:29:12.250 HERE YOU HAVE A DCA OPINION FOR 00:29:12.250 --> 00:29:15.220 CLOSING THE ARGUMENT IT WAS A 00:29:15.220 --> 00:29:17.055 SINGLE SUBJECT CHALLENGE THE 00:29:17.055 --> 00:29:19.057 SENTENCING GUIDELINES IT WAS A 00:29:19.057 --> 00:29:21.092 DCH OPINION PREDICTING THE 00:29:21.092 --> 00:29:22.360 CHALLENGE. THE RAISE IT THIS 00:29:22.360 --> 00:29:24.162 COURT AND UP WASHING IS 00:29:24.162 --> 00:29:25.396 ARGUABLY EVEN MORE IN THAT CASE 00:29:25.396 --> 00:29:27.265 THAT DCA OPINION WAS PENDING 00:29:27.265 --> 00:29:28.266 BEFORE THIS COURT . 00:29:28.266 --> 00:29:35.106 >> Justice Charles Canady: WHAT 00:29:35.106 --> 00:29:37.475 IS THE PURPOSE OF THE 00:29:37.475 --> 00:29:38.109 PRESERVATION RULE. 00:29:38.109 --> 00:29:41.012 >> Attorney: THE PURPOSE OF THE 00:29:41.012 --> 00:29:42.480 PRESERVATION RULE IS TO GIVE 00:29:42.480 --> 00:29:45.049 THE TRIAL COURT THEOPPORTUNITY 00:29:45.049 --> 00:29:46.317 SPEAKERS IF THE TRIAL COURT HAS 00:29:46.317 --> 00:29:48.219 THE POSSIBILITY BECAUSE THE LAW 00:29:48.219 --> 00:29:50.088 HAS ALREADY BEEN ESTABLISHED BY 00:29:50.088 --> 00:29:52.123 A DECISION IN THE FIRST DCA THE 00:29:52.123 --> 00:29:53.358 PURPOSE OF THE PRESERVATION 00:29:53.358 --> 00:29:56.728 RULE DOES NOT COME INTO PLAY. 00:29:56.728 --> 00:29:58.263 >> Attorney: THAT IS CORRECT 00:29:58.263 --> 00:30:00.131 YOUR HONOR THE TRIAL COURT HAS 00:30:00.131 --> 00:30:01.232 NO TIME TO CONSIDER THE 00:30:01.232 --> 00:30:03.101 EXCLUSIONARY RULE POINT BECAUSE 00:30:03.101 --> 00:30:07.438 THE BINDING DCA PRECEDENT FOR 00:30:07.438 --> 00:30:07.672 CLOSET . 00:30:07.672 --> 00:30:09.307 >> Justice Meredith Sasso: DO 00:30:09.307 --> 00:30:11.142 THINK THE FIRST DCA WAS TRULY 00:30:11.142 --> 00:30:12.343 THAT BINDING IT WAS ON ALL 00:30:12.343 --> 00:30:14.212 FOURS OF THE ISSUE. RAISED IN 00:30:14.212 --> 00:30:15.346 THE MOTION TO SUPPRESS. 00:30:15.346 --> 00:30:18.850 >> Attorney: YES BUT THE FIRST 00:30:18.850 --> 00:30:20.218 DCA IN THE 2ND DCA AND THE 00:30:20.218 --> 00:30:21.419 COLLINS DECISION HELD THAT 00:30:21.419 --> 00:30:25.156 EVIDENCE THAT A POLICE OFFICER 00:30:25.156 --> 00:30:26.191 OBTAINED OUTSIDE THEIR 00:30:26.191 --> 00:30:27.458 JURISDICTION MUST BE SUPPRESSED 00:30:27.458 --> 00:30:30.495 WE DON'T THINK THERE'S ANY 00:30:30.495 --> 00:30:31.496 BASIS FOR THAT IN ANY STATUTE 00:30:31.496 --> 00:30:33.431 OR THE CONSTITUTION THIS COURT 00:30:33.431 --> 00:30:35.433 SHOULD NOT CREATE THAT REMEDY. 00:30:35.433 --> 00:30:37.435 >> Justice John Couriel: 00:30:37.435 --> 00:30:40.338 >> Justice Charles Canady: IF I 00:30:40.338 --> 00:30:42.307 UNDERSTAND CORRECTLY FROM 00:30:42.307 --> 00:30:43.508 READING THE OPINION IT'S ALSO 00:30:43.508 --> 00:30:45.376 THE CASE THAT THE SIXTH DCA BUT 00:30:45.376 --> 00:30:47.345 THAT ISSUE WAS PROPERLY BEFORE 00:30:47.345 --> 00:30:48.479 BECAUSE THEY RESTED. 00:30:48.479 --> 00:30:50.548 >> Attorney: CORRECT THE SIXTH 00:30:50.548 --> 00:30:52.483 DCA HELD THAT SUPPRESSION WAS 00:30:52.483 --> 00:30:54.485 THE PROPER REMEDY FOR THIS SORT 00:30:54.485 --> 00:30:56.688 >> Chief Justice Carlos Muniz: 00:30:56.688 --> 00:30:58.489 YOU CAN HAVE 15 SECONDS TO 00:30:58.489 --> 00:30:58.756 FINISH UP. 00:30:58.756 --> 00:31:00.491 >> Attorney: ON THE 00:31:00.491 --> 00:31:01.726 EXCLUSIONARY RULE ISSUE WE ASK 00:31:01.726 --> 00:31:03.561 THAT THIS COURT REJECT ANY 00:31:03.561 --> 00:31:05.430 INVITATION TO EXPAND THE 00:31:05.430 --> 00:31:06.631 EXCLUSIONARY RULE FURTHER. 00:31:06.631 --> 00:31:08.733 >> Chief Justice Carlos Muniz: 00:31:08.733 --> 00:31:10.602 YOU HAVE TWO MINUTES FOR 00:31:10.602 --> 00:31:10.869 REBUTTAL. 00:31:10.869 --> 00:31:12.704 >> Attorney: MAY IT PLEASE THE 00:31:12.704 --> 00:31:14.539 COURT STUART IRA HYMAN 00:31:14.539 --> 00:31:14.839 REPRESENTING 00:31:14.839 --> 00:31:16.574 BRYAN ALLEN REPPLE 00:31:16.574 --> 00:31:16.841 RESPONDENT 00:31:16.841 --> 00:31:18.710 THIS CASE HAS IN MY OPINION 00:31:18.710 --> 00:31:20.511 BECOME MORE COMPLICATED THAN 00:31:20.511 --> 00:31:21.846 WHAT THE ACTUAL ISSUES WERE AND 00:31:21.846 --> 00:31:23.681 IF THIS PARTICULAR CASE. 00:31:23.681 --> 00:31:25.617 THIS CASE WAS BASED ON BOTH A 00:31:25.617 --> 00:31:27.619 VIOLATION OF A STATUTE OR 00:31:27.619 --> 00:31:28.853 POSITION. AND ALSO THE UNLAWFUL 00:31:28.853 --> 00:31:30.722 USE OF THE COLOR OF OFFICE BY A 00:31:30.722 --> 00:31:32.657 POLICE OFFICER OUTSIDE OF HIS 00:31:32.657 --> 00:31:33.825 JURISDICTION. THOSE WERE THE 00:31:33.825 --> 00:31:35.660 TWO ISSUES THAT WENT TO THE 00:31:35.660 --> 00:31:37.695 SIXTH DISTRICT COURT OF APPEAL 00:31:37.695 --> 00:31:38.830 THEY ARE ALSO THE SAME TWO 00:31:38.830 --> 00:31:40.665 ISSUES THAT WENT UP TO THE 00:31:40.665 --> 00:31:41.966 FIFTH DISTRICT COURT OF APPEAL 00:31:41.966 --> 00:31:43.902 . I'LL BE AT EACH DISTRICT 00:31:43.902 --> 00:31:45.904 COURT OF APPEAL HAD A DIFFERENT 00:31:45.904 --> 00:31:47.906 MANNER AND HOW THEY HANDLE THE 00:31:47.906 --> 00:31:49.741 SITUATION THAT WAS PRESENTED TO 00:31:49.741 --> 00:31:50.909 THEM AND THE LEGAL ISSUES 00:31:50.909 --> 00:31:51.809 INVOLVED. 00:31:51.809 --> 00:31:53.878 SPITTER THIS IS RELATED TO WHAT 00:31:53.878 --> 00:31:55.847 YOU'RE SAYING WERE THESE 00:31:55.847 --> 00:31:57.048 CONSTITUTIONAL ISSUES WE'VE 00:31:57.048 --> 00:31:58.883 BEEN TALKING ABOUT ABOUT 00:31:58.883 --> 00:32:00.084 MUNICIPAL POWERS WERE THOSE 00:32:00.084 --> 00:32:02.053 BRIEFED IN THE SIXTH DISTRICT? 00:32:02.053 --> 00:32:04.055 >> Stuart Ira Hyman: I DON'T 00:32:04.055 --> 00:32:04.355 BELIEVE SO. 00:32:04.355 --> 00:32:08.059 THAT IS JUST SOMETHING PICKING 00:32:08.059 --> 00:32:17.468 UP IN THE SIXTH DISTRICT 00:32:17.468 --> 00:32:19.337 OPINION WITHOUT IMPROVING THERE 00:32:19.337 --> 00:32:21.239 IS A LOT OF BRIEFING YOU HAD 00:32:21.239 --> 00:32:23.241 TWO ROUNDS OF BRIEFING DOES NOT 00:32:23.241 --> 00:32:24.475 SOMETHING THAT THEY ASKED TO BE 00:32:24.475 --> 00:32:26.277 BRIEFED FOR THE PARTIES 00:32:26.277 --> 00:32:27.412 ACTUALLY BRIEFED CORRECT. 00:32:27.412 --> 00:32:29.414 >> Stuart Ira Hyman: I DON'T 00:32:29.414 --> 00:32:31.382 BELIEVE THAT CONSTITUTIONAL 00:32:31.382 --> 00:32:32.617 WHERE IT CAME TO PLAY I BELIEVE 00:32:32.617 --> 00:32:34.419 WAS DEALING WITH THE 00:32:34.419 --> 00:32:35.586 BREATH-TEST AND THE BREATH-TEST 00:32:35.586 --> 00:32:36.454 BEING A SEARCH. 00:32:36.454 --> 00:32:38.489 I THINK THAT IS HOW IT KIND OF 00:32:38.489 --> 00:32:40.391 GOT MATCHED IN WITH EVERYTHING 00:32:40.391 --> 00:32:41.592 ELSE BECAUSE IT IS BEEN PRETTY 00:32:41.592 --> 00:32:43.561 MUCH ACKNOWLEDGED WHETHER IT 00:32:43.561 --> 00:32:45.396 REQUIRES A SEARCH WARRANT OR 00:32:45.396 --> 00:32:47.231 NOT IT STILL A SEARCH. 00:32:47.231 --> 00:32:48.266 I THINK IT IS BEEN THE 00:32:48.266 --> 00:32:49.467 JURISPRUDENCE OF THE STATE. 00:32:49.467 --> 00:32:51.369 >> Justice Charles Canady: 00:32:51.369 --> 00:32:53.271 THAT'S AN ISSUE NOT ABOUT THE 00:32:53.271 --> 00:32:54.472 CONSTITUTIONAL PROVISIONS 00:32:54.472 --> 00:32:56.341 REALLY THE MUNICIPAL POWERBUT 00:32:56.341 --> 00:32:57.508 ABOUT SEARCH AND SEIZURE . 00:32:57.508 --> 00:32:59.410 >> Stuart Ira Hyman: I THINK 00:32:59.410 --> 00:33:01.279 THE ONLY REASON HE CAME INTO 00:33:01.279 --> 00:33:02.347 PLAY WAS BECAUSE OF THE 00:33:02.347 --> 00:33:03.648 ALLEGATION OF THE UNLAWFUL USE 00:33:03.648 --> 00:33:05.350 OF COLOR OF OFFICE. 00:33:05.350 --> 00:33:08.019 BECAUSE IT WAS A BECAUSE IT WAS 00:33:08.019 --> 00:33:09.153 THIRD INITIATIVE EVIDENCE 00:33:09.153 --> 00:33:11.089 BECAUSE IT WAS A SEARCH AND WAS 00:33:11.089 --> 00:33:12.991 DONE BY WAY OF IMPLIED CONSENT 00:33:12.991 --> 00:33:15.059 MORNING WHICH IS UNDER FLORIDA 00:33:15.059 --> 00:33:16.227 STATUTE 316 WHICH IS UNDER 00:33:16.227 --> 00:33:18.129 FLORIDA STATUTE 316.1932 WHICH 00:33:18.129 --> 00:33:20.131 REQUIRES CERTAIN PARAMETERS AS 00:33:20.131 --> 00:33:21.165 AN ALTERNATIVE TO THE 00:33:21.165 --> 00:33:23.034 TRADITIONAL SCIENTIFIC 00:33:23.034 --> 00:33:24.268 PREDICATE OR SCIENTIFIC 00:33:24.268 --> 00:33:26.070 EVIDENCE BUT THE LEGISLATURE 00:33:26.070 --> 00:33:27.305 PASSED THE IMPLIED CONSENT LAW 00:33:27.305 --> 00:33:31.309 WITH THE IDEA THAT IT WAS GOING 00:33:31.309 --> 00:33:32.343 TO BE A SHORTCUT TO THE 00:33:32.343 --> 00:33:34.312 ADMISSIBILITY OF SCIENTIFIC 00:33:34.312 --> 00:33:35.613 EVIDENCE IN BREATH-TEST CASES 00:33:35.613 --> 00:33:39.851 WERE DUI CASES. 00:33:39.851 --> 00:33:41.819 I THINK WHAT HAPPENED HERE WAS 00:33:41.819 --> 00:33:44.956 THAT IT STARTED OFF STATUTORILY 00:33:44.956 --> 00:33:49.127 AND IT ALSO INVOLVED THE 00:33:49.127 --> 00:33:50.228 UNLAWFUL USE OF COLOR OF 00:33:50.228 --> 00:33:53.664 OFFICE. I SAY STATUTORILY I 00:33:53.664 --> 00:34:01.005 THINK FLORIDA STATUTE 316.1932 00:34:01.005 --> 00:34:03.041 AND AGAIN IF YOU SUBSCRIBE TO A 00:34:03.041 --> 00:34:05.043 SUPREMACY OF THE TEXT TYPE OF 00:34:05.043 --> 00:34:07.078 ARGUMENT OR INTERPRETATION OF 00:34:07.078 --> 00:34:08.179 STATUTE, FLORIDA STATUTE 00:34:08.179 --> 00:34:10.181 316.1932 SPECIFICALLY SAYS THAT 00:34:10.181 --> 00:34:11.416 ONLY A LAW ENFORCEMENT OFFICER 00:34:11.416 --> 00:34:15.019 CAN REQUEST A BREATH-TEST. 00:34:15.019 --> 00:34:17.088 >> Justice Meredith Sasso: CAN 00:34:17.088 --> 00:34:18.256 YOU KIND OF PLAY THAT ALL 00:34:18.256 --> 00:34:22.960 TEMPORARY WHY IS IT THIS IS 00:34:22.960 --> 00:34:24.262 INCIDENTAL TO A LAWFUL ARREST 00:34:24.262 --> 00:34:26.998 IT WAS AT THE REQUEST OF A LAW 00:34:26.998 --> 00:34:30.468 ENFORCEMENT OFFICER THERE IS NO 00:34:30.468 --> 00:34:32.503 PETITION THE STATUTE ITSELF AS 00:34:32.503 --> 00:34:34.505 TO THE JURISDICTION OF THE LAW 00:34:34.505 --> 00:34:35.640 ENFORCEMENT OFFICER I THINK 00:34:35.640 --> 00:34:37.575 YOUR ARGUMENT IS THAT BY USING 00:34:37.575 --> 00:34:38.709 THE TERM LAW ENFORCEMENT 00:34:38.709 --> 00:34:41.145 OFFICER THE LEGISLATURE IS 00:34:41.145 --> 00:34:43.114 NECESSARILY LIMITING THAT TO AN 00:34:43.114 --> 00:34:45.183 OFFICER WITH AUTHORITY TO ACT 00:34:45.183 --> 00:34:46.517 WITHIN THAT JURISDICTION? 00:34:46.517 --> 00:34:49.120 >> Stuart Ira Hyman,Petitioner: 00:34:49.120 --> 00:34:50.421 THE REASON WHY I AGREE BUT YOU 00:34:50.421 --> 00:34:52.290 COULD TAKE IT ONE STEP FURTHER 00:34:52.290 --> 00:34:54.125 IT IS BEEN AT LEAST MY 00:34:54.125 --> 00:34:56.194 UNDERSTANDING EVEN IN THE FIFTH 00:34:56.194 --> 00:34:58.196 DISTRICT COURT OF APPEAL IN THE 00:34:58.196 --> 00:34:59.363 BUSINESS CASE WHEN A MUNICIPAL 00:34:59.363 --> 00:35:01.332 POLICE OFFICER VENTURES OUT OF 00:35:01.332 --> 00:35:03.367 THEIR JURISDICTION THEY ARE NOT 00:35:03.367 --> 00:35:05.269 CONSIDERED AT LEAST BY THOSE 00:35:05.269 --> 00:35:06.304 DECISIONS TO BE A LAW 00:35:06.304 --> 00:35:08.272 ENFORCEMENT OFFICER PER SE, 00:35:08.272 --> 00:35:10.475 THEY BECOME A PRIVATE CITIZEN. 00:35:10.475 --> 00:35:12.510 >> Justice Charles Canady: WHEN 00:35:12.510 --> 00:35:14.512 THIS OFFICER WAS TAKING THE 00:35:14.512 --> 00:35:16.481 DEFENDANT HERE TO JAIL WHEN HE 00:35:16.481 --> 00:35:18.516 CROSSED OUT OF THE MUNICIPAL 00:35:18.516 --> 00:35:19.617 JURISDICTION OVER INTO THE 00:35:19.617 --> 00:35:21.719 COUNTY HE WAS NO LONGER A LAW 00:35:21.719 --> 00:35:23.621 ENFORCEMENT OFFICER HE WAS A 00:35:23.621 --> 00:35:25.656 PRIVATE CITIZEN TAKING THE 00:35:25.656 --> 00:35:28.359 DEFENDANT TO JAIL. 00:35:28.359 --> 00:35:30.328 IS THAT THE APPLICATION OF WHAT 00:35:30.328 --> 00:35:31.462 YOU'RE SAYING? 00:35:31.462 --> 00:35:33.364 >> Stuart Ira Hyman,Petitioner: 00:35:33.364 --> 00:35:34.565 DEIFICATION OF WHAT I'M SAYING 00:35:34.565 --> 00:35:35.933 I SEE CASES THAT MAY BE AT, 00:35:35.933 --> 00:35:41.305 LEGAL ANALYSIS DERIVED. 00:35:41.305 --> 00:35:42.540 BECAUSE YOU CAN FIND CASES THAT 00:35:42.540 --> 00:35:52.450 SAY THAT IF A BATTERY ON LAW 00:35:52.450 --> 00:35:54.352 ENFORCEMENT OFFICER OCCURS 00:35:54.352 --> 00:35:56.420 OUTSIDE OF THAT OFFICER'S 00:35:56.420 --> 00:35:57.522 JURISDICTION IT CAN STILL BE 00:35:57.522 --> 00:35:59.390 PROSECUTED AS A BATTERY ON A 00:35:59.390 --> 00:36:00.491 LAW ENFORCEMENT OFFICER. 00:36:00.491 --> 00:36:02.426 BUT THE PREMISE OR THAT I'M NOT 00:36:02.426 --> 00:36:03.528 REALLY SURE IS EVER BEEN 00:36:03.528 --> 00:36:05.396 ADDRESSED LIKE IT HAS BEEN 00:36:05.396 --> 00:36:06.564 ADDRESSED IN THIS CASE. IT IS 00:36:06.564 --> 00:36:08.599 LIKE WHERE DOES THE SOURCE OF 00:36:08.599 --> 00:36:10.468 THAT AUTHORITY TO BE A LAW 00:36:10.468 --> 00:36:12.436 ENFORCEMENT OFFICER IN ANOTHER 00:36:12.436 --> 00:36:13.538 JURISDICTION WHEN YOU ARE 00:36:13.538 --> 00:36:15.406 MUNICIPAL POLICE OFFICER COME 00:36:15.406 --> 00:36:15.606 FROM. 00:36:15.606 --> 00:36:17.441 >> Justice Charles Canady: YOU 00:36:17.441 --> 00:36:19.477 ARE ACTUALLY QUESTIONING IF I 00:36:19.477 --> 00:36:20.611 UNDERSTAND YOU CORRECTLY 00:36:20.611 --> 00:36:22.580 CORRECT ME IF I AM NOT YOU ARE 00:36:22.580 --> 00:36:23.714 QUESTIONING THE AUTHORITY OF 00:36:23.714 --> 00:36:27.018 THE MIDLAND POLICE OFFICER TO 00:36:27.018 --> 00:36:29.053 GO OUT OF MAITLAND TO TAKE THE 00:36:29.053 --> 00:36:30.087 DEFENDANT TO JAIL. 00:36:30.087 --> 00:36:35.226 ONCE HE'S OUT THE QUESTION 00:36:35.226 --> 00:36:36.460 WHETHER HE'S GOT THAT AUTHORITY 00:36:36.460 --> 00:36:39.564 TO ACTUALLY DO THAT. CORRECT . 00:36:39.564 --> 00:36:42.400 >> Stuart Ira Hyman,Petitioner: 00:36:42.400 --> 00:36:43.434 TO SOME EXTENT BUT NOT REALLY 00:36:43.434 --> 00:36:45.203 HERE'S WHERE I THINK THE 00:36:45.203 --> 00:36:48.372 OFFICER IN MY HUMBLE OPINION IF 00:36:48.372 --> 00:36:51.842 THEY STARTED INVESTIGATION 00:36:51.842 --> 00:36:52.443 MAITLAND AND THEY NEED TO GO 00:36:52.443 --> 00:36:54.278 OVER TO WINTER PARK TO GO LOOK 00:36:54.278 --> 00:36:56.314 AT A SITE OR ANYTHING THAT DOES 00:36:56.314 --> 00:36:58.349 NOT INVOLVE EVIDENCE GATHERING 00:36:58.349 --> 00:37:00.318 THEY ARE USING CURRENT SENSORS 00:37:00.318 --> 00:37:01.752 TO DO THAT THEIR SENSE OF 00:37:01.752 --> 00:37:12.530 OBSERVATION ENVISION WHATEVER. 00:37:12.530 --> 00:37:14.632 >> JusticeJohn Couriel: THAT IS 00:37:14.632 --> 00:37:17.168 EVIDENCE GATHERING. IT IS STILL 00:37:17.168 --> 00:37:18.569 GATHERING EVIDENCE IF I USE MY 00:37:18.569 --> 00:37:19.670 EYES OR HAVE A SUBPOENA. 00:37:19.670 --> 00:37:22.573 >>Stuart Ira Hyman,Petitioner: 00:37:22.573 --> 00:37:22.907 IT COULD BE . 00:37:22.907 --> 00:37:24.775 >> Justice John Couriel: IT 00:37:24.775 --> 00:37:25.676 CANNOT NOT BE. 00:37:25.676 --> 00:37:29.914 >> Stuart Ira Hyman,Petitioner: 00:37:29.914 --> 00:37:30.715 YOU ARE ALLOWED AS A PRIVATE 00:37:30.715 --> 00:37:33.217 CITIZEN TO GO INTO OTHER . 00:37:33.217 --> 00:37:33.951 >> Justice John Couriel: THAT'S 00:37:33.951 --> 00:37:35.786 A DIFFERENT QUESTION WHAT YOU 00:37:35.786 --> 00:37:37.688 ARE SAYING A MOMENT AGO IF THEY 00:37:37.688 --> 00:37:39.590 GO TOGETHER EVIDENCED BY THEIR 00:37:39.590 --> 00:37:40.825 OWN OBSERVATION THE QUESTION IS 00:37:40.825 --> 00:37:42.660 WHETHER A LAW ENFORCEMENT 00:37:42.660 --> 00:37:44.662 OFFICER CEASES TO BE A LAW 00:37:44.662 --> 00:37:45.896 ENFORCEMENT OFFICER WHEN HE OR 00:37:45.896 --> 00:37:47.965 SHE GATHERS EVIDENCE OUTSIDE 00:37:47.965 --> 00:37:49.867 THEIR TERRITORIAL JURISDICTION 00:37:49.867 --> 00:37:51.902 IT SEEMS TO ME THAT THERE IS NO 00:37:51.902 --> 00:37:53.804 WAY FOR YOU TO CREDIBLY MAKE 00:37:53.804 --> 00:37:54.939 THAT ASSERTION AND ALSO HAVE A 00:37:54.939 --> 00:37:58.476 LAW ENFORCEMENT OFFICER THEY 00:37:58.476 --> 00:37:59.844 HAVE THE AUTHORITY TO SERVICE A 00:37:59.844 --> 00:38:02.747 SUBPOENA OUTSIDE THE 00:38:02.747 --> 00:38:03.948 JURISDICTION FOR WITNESS TO GO 00:38:03.948 --> 00:38:05.950 TO THE BAR WHERE MR REPPLE HAD 00:38:05.950 --> 00:38:07.852 BEEN OR LET'S SAY IN THIS CASE 00:38:07.852 --> 00:38:09.787 THE RESTAURANT DOES NOT IN THE 00:38:09.787 --> 00:38:13.658 TERRITORIAL JURISDICTION OF 00:38:13.658 --> 00:38:14.292 MAITLAND AND HE GOES TO SERVICE 00:38:14.292 --> 00:38:15.960 A SUBPOENA THERE THE NEXT DAY 00:38:15.960 --> 00:38:17.828 TO GET THE BARLEY SEAT 00:38:17.828 --> 00:38:18.929 SOMETHING LIKE THAT YOU SAY 00:38:18.929 --> 00:38:20.831 THAT IS TRAVELING ON THE 00:38:20.831 --> 00:38:22.933 STATUTORY LIMITATIONS HE IS NOT 00:38:22.933 --> 00:38:25.970 BEING A PRIVATE CITIZEN CANNOT 00:38:25.970 --> 00:38:27.838 SERVE A SUBPOENA AND DEMAND OR 00:38:27.838 --> 00:38:29.040 SEARCH WARRANT, THE RULE YOU 00:38:29.040 --> 00:38:31.542 ARE PREPENDING MEANS A LAW 00:38:31.542 --> 00:38:33.611 ENFORCEMENT OFFICER CANNOT 00:38:33.611 --> 00:38:34.211 INVESTIGATE OUTSIDE OF THEIR 00:38:34.211 --> 00:38:35.012 MUNICIPAL LIMIT. 00:38:35.012 --> 00:38:37.948 >> Stuart Ira Hyman,Petitioner: 00:38:37.948 --> 00:38:40.351 FRANKLY YOUR HONOR IF THAT WAS 00:38:40.351 --> 00:38:42.520 MY THAT WOULD BE MY POSITION 00:38:42.520 --> 00:38:44.021 BUT I'M TRYING TO READ ALL OF 00:38:44.021 --> 00:38:45.156 THIS IN AMONGST A LOT OF 00:38:45.156 --> 00:38:46.957 DECISIONS FROM A LOT OF 00:38:46.957 --> 00:38:48.926 DIFFERENT COURTS GOING A LOT OF 00:38:48.926 --> 00:38:49.927 DIFFERENT WAYS. 00:38:49.927 --> 00:38:51.329 THE ONLY WAY I HAVEN'T BEEN 00:38:51.329 --> 00:38:53.264 ABLE TO MAKE SOME SEMBLANCE OF 00:38:53.264 --> 00:38:55.066 LEGAL REASON OUT OF IT IS AS 00:38:55.066 --> 00:38:56.200 LONG AS IT DOES NOT EVOLVE 00:38:56.200 --> 00:38:59.103 INVOLVE USE OF COLOR OF OFFICE 00:38:59.103 --> 00:39:01.939 WHERE YOU ARE ACTING AS A 00:39:01.939 --> 00:39:03.040 POLICE OFFICER TOGETHER THAT 00:39:03.040 --> 00:39:04.175 EVIDENCE LIKE IN THIS CASE 00:39:04.175 --> 00:39:06.143 IMPLIED CONSENT MORNING SAYING 00:39:06.143 --> 00:39:09.046 IF YOU DON'T SUBMIT TO 00:39:09.046 --> 00:39:11.048 BREATH-TEST YOU WILL LOSE YOUR 00:39:11.048 --> 00:39:12.316 LICENSE OR YOU WILL BE CHARGED 00:39:12.316 --> 00:39:14.352 WITH A CRIMINAL OFFENSE. 00:39:14.352 --> 00:39:17.321 IS CLEAR UNDER THE STATUTE THE 00:39:17.321 --> 00:39:19.190 WARNING HAS TO BE GIVEN BY THE 00:39:19.190 --> 00:39:21.192 OFFICER REQUESTED TO COME FROM 00:39:21.192 --> 00:39:25.096 AN OFFICER. IS IT REALLY CLEAR 00:39:25.096 --> 00:39:26.397 FROM THE STATUTE THE WARNING . 00:39:26.397 --> 00:39:28.299 IT SAYS THE PERSON SHALL BE 00:39:28.299 --> 00:39:30.234 TOLD IT IS NOT NECESSARILY SAFE 00:39:30.234 --> 00:39:33.637 YOU MIGHT EXPECT ORDINARILY 00:39:33.637 --> 00:39:34.271 WILL BE THE OFFICER DOESN'T 00:39:34.271 --> 00:39:35.306 ACTUALLY SAY THAT? 00:39:35.306 --> 00:39:38.109 >>Stuart Ira Hyman,Petitioner: 00:39:38.109 --> 00:39:40.177 IT DOES NOT ACTUALLY SAY IT IT 00:39:40.177 --> 00:39:42.346 SAYS A LAW ENFORCEMENT OFFICER. 00:39:42.346 --> 00:39:44.248 IT CAN BE ANOTHER LAW 00:39:44.248 --> 00:39:45.249 ENFORCEMENT OFFICER WITH 00:39:45.249 --> 00:39:47.651 JURISDICTION THERE WHO COULD 00:39:47.651 --> 00:39:48.119 MAKE THE REQUEST . 00:39:48.119 --> 00:39:49.353 >> Chief Justice Carlos Muniz: 00:39:49.353 --> 00:39:51.288 THE REQUEST IS BY THE LAW 00:39:51.288 --> 00:39:53.157 ENFORCEMENT OFFICER THE WARNING 00:39:53.157 --> 00:39:54.325 DOES NOT HAVE TO BE OR THE 00:39:54.325 --> 00:39:57.161 READING THE NOTICE LIMIT ASK 00:39:57.161 --> 00:39:58.362 BRITAIN COULD LAW ENFORCEMENT 00:39:58.362 --> 00:40:00.331 OFFICER BE ISSUED THE CONSENT 00:40:00.331 --> 00:40:02.233 NOTICE AND MAKE A CALL TO THE 00:40:02.233 --> 00:40:03.401 FACILITY OUTSIDE OF THE CITY 00:40:03.401 --> 00:40:05.336 AND SAY CALL THE TECHNICIAN AND 00:40:05.336 --> 00:40:07.371 SAY I'M REQUESTING TO DO THIS 00:40:07.371 --> 00:40:09.340 TEST AND BRINGING THE GUY OVER? 00:40:09.340 --> 00:40:12.309 >> Stuart Ira Hyman,Petitioner: 00:40:12.309 --> 00:40:12.510 MAYBE. 00:40:12.510 --> 00:40:16.680 >> Chief Justice Carlos Muniz: 00:40:16.680 --> 00:40:18.449 OKAY THIS IS RIDICULOUS. 00:40:18.449 --> 00:40:19.483 REALLY, THIS MAKES NO SENSE 00:40:19.483 --> 00:40:21.352 UNDERSTAND THAT SOMETIMES WE 00:40:21.352 --> 00:40:22.553 HAVE TO DO THINGS THAT MAKE NO 00:40:22.553 --> 00:40:25.489 SENSE. BUT THIS JUST SEEMS LIKE 00:40:25.489 --> 00:40:26.090 WE WOULD HAVE TO BE GOING OUT 00:40:26.090 --> 00:40:27.458 OF OUR WAY IN THIS CASE. 00:40:27.458 --> 00:40:29.693 >> Stuart Ira Hyman,Petitioner: 00:40:29.693 --> 00:40:31.529 I DON'T BELIEVE WE ARE GOING 00:40:31.529 --> 00:40:33.464 OUT OF HER WAY THE REASON WHY I 00:40:33.464 --> 00:40:34.698 DON'T BELIEVE WE ARE GOING OUT 00:40:34.698 --> 00:40:36.534 OF HER WAY IS BECAUSE I GO BACK 00:40:36.534 --> 00:40:38.502 A LITTLE BIT LONGER THERE WAS A 00:40:38.502 --> 00:40:39.637 TIME WHENEVER MUNICIPALITY I 00:40:39.637 --> 00:40:41.605 KNOW OF IN THE ORLANDO AREA HAD 00:40:41.605 --> 00:40:43.407 THEIR OWN BREATH TESTING 00:40:43.407 --> 00:40:44.642 MACHINE IN THEIR CITY SOMEHOW 00:40:44.642 --> 00:40:46.243 THIS EVOLVED TO WHERE IT WAS 00:40:46.243 --> 00:40:49.046 OUTSIDE THE CITY. 00:40:49.046 --> 00:40:50.347 THERE IS NO REASON BY A POLICE 00:40:50.347 --> 00:40:56.921 OFFICER IF WE ARE CONCERNED 00:40:56.921 --> 00:40:58.122 ABOUT MUNICIPALITY AND THE 00:40:58.122 --> 00:41:01.692 ENFORCEMENT OF THEIR LAWS IN 00:41:01.692 --> 00:41:03.727 THEIR MUNICIPALITY, THERE IS NO 00:41:03.727 --> 00:41:05.663 REASON JUST LIKE TO GO OUT AND 00:41:05.663 --> 00:41:07.631 BUY POLICE CARS TO GO OUT ON MY 00:41:07.631 --> 00:41:11.802 RADIOS, THEY CAN GO OUT AND BUY 00:41:11.802 --> 00:41:14.238 A BREATH TESTING MACHINE. THAT 00:41:14.238 --> 00:41:15.806 BREATH TESTING MACHINE WOULD BE 00:41:15.806 --> 00:41:18.609 WITHIN THE CITY LIMITS OF THAT 00:41:18.609 --> 00:41:19.143 JURISDICTION THAT POLICE 00:41:19.143 --> 00:41:20.978 OFFICER COULD ENFORCE THE LAWS 00:41:20.978 --> 00:41:22.880 OF IT THAT MUNICIPALITY 00:41:22.880 --> 00:41:24.114 ARRESTED SOMEBODYFOR DUI AND 00:41:24.114 --> 00:41:26.050 TAKE THEM DOWN TO THEIR STATION 00:41:26.050 --> 00:41:26.984 AND SUBMIT THEM . 00:41:26.984 --> 00:41:29.086 >> Chief Justice Carlos Muniz: 00:41:29.086 --> 00:41:30.921 REALLY YOU CAN IMAGINE THE 00:41:30.921 --> 00:41:32.957 WHOLE THING WITH THE 00:41:32.957 --> 00:41:34.158 EXTRATERRITORIAL EXERCISE OF 00:41:34.158 --> 00:41:36.060 POWER YOU CAN IMAGINE PART OF 00:41:36.060 --> 00:41:39.063 THAT IS BASED ON NOT WANTING TO 00:41:39.063 --> 00:41:40.030 INTERFERE WITH THE LAW 00:41:40.030 --> 00:41:54.979 ENFORCEMENT ACTIVITY OF THE LAW 00:41:54.979 --> 00:41:56.914 ENFORCEMENT PEOPLE FOR THE 00:41:56.914 --> 00:41:58.082 OTHER JURISDICTION PART OF IT 00:41:58.082 --> 00:42:00.117 CAN BE PROTECTING THE CITIZENS 00:42:00.117 --> 00:42:03.954 AND THE PROPERTY IN THE OTHER 00:42:03.954 --> 00:42:05.155 JURISDICTIONS. IN THIS CASE 00:42:05.155 --> 00:42:07.191 EITHER ONE OF THOSE INTERESTS 00:42:07.191 --> 00:42:09.026 IS REALLY AT STAKE. I DON'T 00:42:09.026 --> 00:42:12.363 UNDERSTAND THIS JUST SEEMS LIKE 00:42:12.363 --> 00:42:14.164 A COMPLETELY HATE IT WHEN EVERY 00:42:14.164 --> 00:42:16.166 TIME SOMEBODY USES THE WORD 00:42:16.166 --> 00:42:17.968 FORMALISM IT IS IN A PEJORATIVE 00:42:17.968 --> 00:42:19.203 WAY IT SEEMS LIKE SORT OF AN 00:42:19.203 --> 00:42:21.105 EMPTY THING IF THERE IS NOTHING 00:42:21.105 --> 00:42:24.275 INHERENT ABOUT ANYTHING THAT 00:42:24.275 --> 00:42:26.176 THIS LAW ENFORCEMENT OFFICERS 00:42:26.176 --> 00:42:28.145 DOING IT IS NOT INHERENT IT HAS 00:42:28.145 --> 00:42:30.014 TO HAPPEN IN THE OTHER 00:42:30.014 --> 00:42:31.081 JURISDICTION FOR IT TO BE 00:42:31.081 --> 00:42:32.249 EFFECTIVE YOU CAN MAKE YOUR 00:42:32.249 --> 00:42:34.318 CALL AND DO IT THE WORDING AND 00:42:34.318 --> 00:42:36.353 MAKE THE CALL AND THE THING 00:42:36.353 --> 00:42:38.122 YOU'RE DEALING WITH THE CRIME 00:42:38.122 --> 00:42:40.057 COMMITTED IN YOUR JURISDICTION. 00:42:40.057 --> 00:42:41.325 THE PERSON WAS THERE. WHAT IS 00:42:41.325 --> 00:42:42.126 THE POINT? 00:42:42.126 --> 00:42:43.127 I DON'T GET IT. 00:42:43.127 --> 00:42:46.030 >> Stuart Ira Hyman,Petitioner: 00:42:46.030 --> 00:42:48.065 THE POINT IS ONCE YOU BRING THE 00:42:48.065 --> 00:42:49.400 BREATH-TEST INTO IT IT'S A 00:42:49.400 --> 00:42:51.101 WHOLE SEPARATE OFFENSE. 00:42:51.101 --> 00:42:53.070 IN A LOT OF RESPECTS. BECAUSE 00:42:53.070 --> 00:42:55.105 FIRST OFF THEY ARE REQUESTING A 00:42:55.105 --> 00:42:56.307 BREATH-TEST WHICH FOR THE 00:42:56.307 --> 00:42:58.142 CHARGE OF UNLAWFUL BREATH 00:42:58.142 --> 00:43:01.946 ALCOHOL LEVEL. WHICH CANNOT BE 00:43:01.946 --> 00:43:02.546 MADE IN THE CITY OF MAITLAND 00:43:02.546 --> 00:43:04.081 UNLESS THERE IS A BREATH 00:43:04.081 --> 00:43:06.116 TESTING MACHINE INTHE CITY OF 00:43:06.116 --> 00:43:06.383 MAITLAND. 00:43:06.383 --> 00:43:08.319 >> Justice Charles Canady: ALL 00:43:08.319 --> 00:43:10.154 OF THAT IS INCIDENT TO THE 00:43:10.154 --> 00:43:10.387 ARREST. 00:43:10.387 --> 00:43:11.255 IT HAS TO BE. 00:43:11.255 --> 00:43:14.992 INCIDENT TO THE ARREST. 00:43:14.992 --> 00:43:16.293 IT FLOWS FROM THE ARREST. 00:43:16.293 --> 00:43:18.028 RIGHT 00:43:18.028 --> 00:43:19.196 >> Stuart Ira Hyman,Petitioner: 00:43:19.196 --> 00:43:20.331 NOT AS OF OCTOBER 1 I DON'T 00:43:20.331 --> 00:43:23.567 BELIEVE IT DOES BUT A LITTLE 00:43:23.567 --> 00:43:25.235 BIT BEFORE THAT WHEN REFUSALS 00:43:25.235 --> 00:43:26.236 BECAME A CRIME . 00:43:26.236 --> 00:43:27.438 >> Justice Charles Canady: YOU 00:43:27.438 --> 00:43:30.908 CAN TALK ABOUT THE CURRENT LAW. 00:43:30.908 --> 00:43:32.409 THAT IS NOT REALLY WHAT WE ARE 00:43:32.409 --> 00:43:35.312 >> Stuart Ira Hyman,Petitioner: 00:43:35.312 --> 00:43:36.547 BACK THEN A SECOND REFUSAL WAS 00:43:36.547 --> 00:43:37.381 A CRIME . 00:43:37.381 --> 00:43:41.352 >> Justice John Couriel: THAT 00:43:41.352 --> 00:43:43.454 IS WHAT I WAS EXPLORE WITH THE 00:43:43.454 --> 00:43:45.356 STATE IF WE MAKE EVERY ON A LAW 00:43:45.356 --> 00:43:46.490 ENFORCEMENT OFFICER AND SAID 00:43:46.490 --> 00:43:48.425 LET'S SAY YOUR CLIENT IS THAT 00:43:48.425 --> 00:43:49.560 CERTAIN WITNESS IT SOUNDS LIKE 00:43:49.560 --> 00:43:51.562 THE STATE IS SAYING THAT THIS 00:43:51.562 --> 00:43:53.464 NARROWEST RULE THAT THEY WOULD 00:43:53.464 --> 00:43:55.399 ESPOUSE WOULD LEAVE YOU IN THE 00:43:55.399 --> 00:43:56.467 RIGHT OR PERHAPS BE THE 00:43:56.467 --> 00:43:58.369 QUESTION (I DON'T SEE A WAY TO 00:43:58.369 --> 00:43:59.536 DECIDE THIS CASE THAT AN 00:43:59.536 --> 00:44:02.373 HOURLY. I THINK THAT WHAT THE 00:44:02.373 --> 00:44:03.607 STATE IS REALLY SAYING IS IT 00:44:03.607 --> 00:44:05.542 THAT IF ANOTHER CRIME COMES TO 00:44:05.542 --> 00:44:08.579 LIGHT WHILE LAW ENFORCEMENT 00:44:08.579 --> 00:44:09.446 OFFICER IS INVESTIGATING THE 00:44:09.446 --> 00:44:11.382 CONDUCT THAT GENERATED PROBABLE 00:44:11.382 --> 00:44:12.616 CAUSE IN THE FIRST PLACE THEN 00:44:12.616 --> 00:44:14.385 IT WOULD BE FORMALISTIC AND 00:44:14.385 --> 00:44:15.519 ALSO CONTRARY TO THE 00:44:15.519 --> 00:44:19.823 CONSTITUTION BOTH OUR STATE 00:44:19.823 --> 00:44:20.491 CONSTITUTION AND SUBTLE 00:44:20.491 --> 00:44:22.393 PRINCIPLES OF THE U.S. 00:44:22.393 --> 00:44:23.560 CONSTITUTION SEARCH AND SEIZURE 00:44:23.560 --> 00:44:25.596 LAW. YOU HAVE A LAW ENFORCEMENT 00:44:25.596 --> 00:44:27.431 OFFICER EITHER TURN A BLIND EYE 00:44:27.431 --> 00:44:28.632 TO THE EVIDENCE OR SOMEHOW HAVE 00:44:28.632 --> 00:44:31.602 TO SAY AND WITHOUT MY 00:44:31.602 --> 00:44:31.935 JURISDICTION. 00:44:31.935 --> 00:44:33.437 I'M GOING TO NOT DETECT AND 00:44:33.437 --> 00:44:35.572 OPPOSE EVOLUTION OF THE STATE 00:44:35.572 --> 00:44:37.408 LAW WAS SWORN TO UPHOLD JUST 00:44:37.408 --> 00:44:41.679 BECAUSE NOW I'M OUTSIDE OF THE 00:44:41.679 --> 00:44:43.514 TERRITORIAL LIMITATION OF THE 00:44:43.514 --> 00:44:44.748 CITY OF MAITLAND REPORTING ONCE 00:44:44.748 --> 00:44:46.684 THEY GO OUT THE TERRITORIAL 00:44:46.684 --> 00:44:49.586 LIMITSOF THE CITY OF MIDLAND 00:44:49.586 --> 00:44:51.588 THEY ARE PRIVATE CITIZENS JUST 00:44:51.588 --> 00:44:53.490 LIKE ANY OTHER PRIVATE CITIZEN. 00:44:53.490 --> 00:44:54.692 >> Justice Charles Canady: I'M 00:44:54.692 --> 00:44:56.493 GLAD YOU ARE MAKING. 00:44:56.493 --> 00:44:58.162 >> Justice John Couriel: GLAD 00:44:58.162 --> 00:44:59.730 YOU MAKE THE ARGUMENT CLEARLY I 00:44:59.730 --> 00:45:01.632 THINK ONCE MAITLAND OFFICER 00:45:01.632 --> 00:45:03.500 LEAVES THE SEED MIDLAND THEY 00:45:03.500 --> 00:45:05.536 ARE PRIVATE CITIZEN IS NOT AN 00:45:05.536 --> 00:45:06.570 ARGUMENT THAT PREVAILS UNDER 00:45:06.570 --> 00:45:07.738 OUR CASE LAW BUT I ADMIRE YOUR 00:45:07.738 --> 00:45:08.706 YOUR CLARITY. 00:45:08.706 --> 00:45:09.573 >> . 00:45:09.573 --> 00:45:11.575 >> Justice: DO YOU THINK THERE 00:45:11.575 --> 00:45:12.643 IS SOME OF THE STATION IN THE 00:45:12.643 --> 00:45:13.844 CASE LAW ABOUT WHETHER SOMEONE 00:45:13.844 --> 00:45:16.146 IS IN CUSTODY TO ME THAT IS 00:45:16.146 --> 00:45:17.748 VERY DIFFERENT I THINK I AGREE 00:45:17.748 --> 00:45:19.683 WITH YOU THAT IF A MAITLAND 00:45:19.683 --> 00:45:21.218 POLICE OFFICER GOES AND 00:45:21.218 --> 00:45:22.686 ATTEMPTS TO ARREST SOMEONE THEY 00:45:22.686 --> 00:45:23.854 SEE COMMITTING A CRIME IN 00:45:23.854 --> 00:45:24.788 DOWNTOWN ORLANDO. 00:45:24.788 --> 00:45:26.657 WE HAVE A VERY COMPLETELY 00:45:26.657 --> 00:45:27.891 DIFFERENT QUESTION. BECAUSE I 00:45:27.891 --> 00:45:30.427 THINK THAT IS SOMETHING THAT 00:45:30.427 --> 00:45:31.028 PRETTY CLEARLY IS EXERCISING 00:45:31.028 --> 00:45:34.131 SOME SORT OF EXTRATERRITORIAL 00:45:34.131 --> 00:45:34.331 POWER. 00:45:34.331 --> 00:45:35.733 THAT DOES NOT BELONG TO A 00:45:35.733 --> 00:45:37.000 PRIVATE CITIZEN ANYWAY AND 00:45:37.000 --> 00:45:38.836 PROBABLY IS NOT SOMETHING THAT 00:45:38.836 --> 00:45:39.903 WE WOULD FIND WOULD BE 00:45:39.903 --> 00:45:42.873 AUTHORIZED BY STATUTE. IN THIS 00:45:42.873 --> 00:45:43.974 CASE YOU HAVEN'T SOMEONE IN 00:45:43.974 --> 00:45:45.943 FRESH PURSUIT THAT INCLUDES 00:45:45.943 --> 00:45:47.811 ARRESTING SOMEONE OUTSIDE OF A 00:45:47.811 --> 00:45:50.781 VERY SPECIFIC IT'S NOT ABOUT 00:45:50.781 --> 00:45:51.949 SOMEBODY ALREADY IN CUSTODY. 00:45:51.949 --> 00:45:53.851 MOST OF THE LAWS HAVE TO DO 00:45:53.851 --> 00:45:54.885 ALONG WITH WHEN YOU ARE 00:45:54.885 --> 00:45:56.019 ASSERTING THAT LEVEL OF 00:45:56.019 --> 00:45:57.888 AUTHORITY OUTSIDE OF YOUR 00:45:57.888 --> 00:45:58.956 JURISDICTION, HEREWE HAVE 00:45:58.956 --> 00:46:00.924 SOMEBODY WHO HAS ALREADY BEEN 00:46:00.924 --> 00:46:02.860 ARRESTED THEY ARE BEING 00:46:02.860 --> 00:46:04.094 TRANSPORTED . I DON'T THINK YOU 00:46:04.094 --> 00:46:06.897 ARE ARGUING THAT THEY CANNOT BE 00:46:06.897 --> 00:46:08.999 TRANSPORTED AND BOOKED AT 33RD 00:46:08.999 --> 00:46:09.266 CORRECT . 00:46:09.266 --> 00:46:11.869 >> Stuart Ira Hyman,Petitioner: 00:46:11.869 --> 00:46:13.871 THEY CANNOT BE BOOKED AT 33RD. 00:46:13.871 --> 00:46:15.906 >> Justice Jamie Grosshans: THE 00:46:15.906 --> 00:46:17.107 OFFICER HAS TO TRANSPORT IT 00:46:17.107 --> 00:46:20.611 WILL NOT LET THEM WALK THERE 00:46:20.611 --> 00:46:21.145 THEY ARE GETTING THERE. 00:46:21.145 --> 00:46:23.247 AND I THINK THAT OF THE POINT 00:46:23.247 --> 00:46:24.982 IS THAT THEY ARE ALREADY IN 00:46:24.982 --> 00:46:27.017 CUSTODY THEY HAVE ALREADY BEEN 00:46:27.017 --> 00:46:28.085 ARRESTED IT WAS A LAWFUL 00:46:28.085 --> 00:46:30.154 ARREST. I DON'T KNOW WE REALLY 00:46:30.154 --> 00:46:32.156 HAVE ANYTHING THAT HAS EVER 00:46:32.156 --> 00:46:37.027 CLEARLY DEFINED THAT PARTICULAR 00:46:37.027 --> 00:46:37.294 SITUATION. 00:46:37.294 --> 00:46:39.329 >> Stuart Ira Hyman,Petitioner: 00:46:39.329 --> 00:46:41.265 I THINK WE CAN ALSO LOSE SIGHT 00:46:41.265 --> 00:46:43.167 OF THE FACT THAT UNDER FLORIDA 00:46:43.167 --> 00:46:45.135 STATUTE 322.2615 WHICH IS THE 00:46:45.135 --> 00:46:47.104 ADMINISTRATIVE SUSPENSION LAW 00:46:47.104 --> 00:46:49.072 WHICH IS ANOTHER PART OF ALL OF 00:46:49.072 --> 00:46:49.273 THIS. 00:46:49.273 --> 00:46:51.308 UNDER THE ADMINISTRATIVE 00:46:51.308 --> 00:46:52.209 SUSPENSION LAW THE POLICE 00:46:52.209 --> 00:46:54.111 OFFICER IS ACTING ABAFT THE 00:46:54.111 --> 00:46:55.145 STATE OF FLORIDA. 00:46:55.145 --> 00:46:57.281 TO SPEND A DRIVERS LICENSE FOR 00:46:57.281 --> 00:46:59.116 SOMEBODY WHO REFUSES OR 00:46:59.116 --> 00:47:01.084 REGISTERS AN UNLAWFUL BREATH 00:47:01.084 --> 00:47:02.319 ALCOHOL LEVEL WHAT IS REALLY 00:47:02.319 --> 00:47:05.322 THE FLORIDA HIGHWAY PATROL THEY 00:47:05.322 --> 00:47:07.291 HAVE JURISDICTION ALL OVER THE 00:47:07.291 --> 00:47:09.226 STATE BECAUSE THEY ARE STATE 00:47:09.226 --> 00:47:11.128 OFFICERS. THE LEGISLATURE HAS 00:47:11.128 --> 00:47:12.329 GIVEN UNIVERSITY PRINCETON 00:47:12.329 --> 00:47:15.566 CENTRAL FLORIDA THE AUTHORITY 00:47:15.566 --> 00:47:17.267 TO GO AHEAD AND ENFORCE THE LAW 00:47:17.267 --> 00:47:19.636 BUT IS ALL LEGISLATIVEAUTHORITY 00:47:19.636 --> 00:47:21.171 THAT IS GIVING THESE POLICE 00:47:21.171 --> 00:47:23.173 AGENCIES THEIR AUTHORITY TO DO 00:47:23.173 --> 00:47:24.374 WHAT THEY DO AROUND THE STATE . 00:47:24.374 --> 00:47:27.511 >> Justice Meredith Sasso: WHAT 00:47:27.511 --> 00:47:29.279 IS YOUR UNDERSTANDING OF HOW 00:47:29.279 --> 00:47:31.181 THE MUTUAL AID AGREEMENTS ARE 00:47:31.181 --> 00:47:33.250 WORKING IN THIS SCENARIO AND 00:47:33.250 --> 00:47:33.517 PRACTICE. 00:47:33.517 --> 00:47:36.220 >> Stuart Ira Hyman,Petitioner: 00:47:36.220 --> 00:47:38.222 IN PRACTICE THEY CAN WORK THE 00:47:38.222 --> 00:47:39.489 PROBLEM IS THAT I BELIEVE THIS 00:47:39.489 --> 00:47:42.226 IS JUST ME FOR WHATEVER IT'S 00:47:42.226 --> 00:47:42.426 WORTH. 00:47:42.426 --> 00:47:44.261 I BELIEVE THEY WERE REALLY 00:47:44.261 --> 00:47:46.296 INTENDED FOR SPECIAL EVENTS THE 00:47:46.296 --> 00:47:47.397 PRECEDENT IS COMING TO TOWN 00:47:47.397 --> 00:47:49.299 THERE IS A HURRICANE. THERE IS 00:47:49.299 --> 00:47:52.870 SOME KIND OF BIG EMERGENCY THEN 00:47:52.870 --> 00:47:54.838 ALL THE PERMITS WANT TO GET 00:47:54.838 --> 00:47:56.773 TOGETHER AND FORM A MUTUAL AID 00:47:56.773 --> 00:47:58.008 AGREEMENT. SO THAT THEY CANNOT 00:47:58.008 --> 00:47:59.877 ASSIST EACH OTHER IN THAT KIND 00:47:59.877 --> 00:48:00.844 OF SITUATION. 00:48:00.844 --> 00:48:02.846 BUT I THINK FOR ROUTINE LAW 00:48:02.846 --> 00:48:04.982 ENFORCEMENT MATTERS, I DON'T 00:48:04.982 --> 00:48:05.916 SEE IT LEGALLY AS BEING 00:48:05.916 --> 00:48:07.951 SOMETHINGTHAT SHOULD BE DONE. 00:48:07.951 --> 00:48:09.887 THIS IS A ROUTINE EVEN IF YOU 00:48:09.887 --> 00:48:11.221 LOOK AT SOME OF THE . 00:48:11.221 --> 00:48:12.990 >> Justice Charles Canady: HELP 00:48:12.990 --> 00:48:14.925 ME UNDERSTAND WHAT YOU THINK 00:48:14.925 --> 00:48:15.292 SHOULD BE DONE? 00:48:15.292 --> 00:48:17.060 DO WE GO BACK TO YOUR VIEW THAT 00:48:17.060 --> 00:48:18.896 EVERY LITTLE MUNICIPALITY 00:48:18.896 --> 00:48:20.163 SHOULD HAVE THEIR OWN TESTING 00:48:20.163 --> 00:48:22.065 THEY DO THE TESTING THERE THEY 00:48:22.065 --> 00:48:26.970 DON'T DO IT IN THE CENTRAL 00:48:26.970 --> 00:48:28.038 TESTING FACILITY. 00:48:28.038 --> 00:48:30.173 >> Stuart Ira Hyman,Petitioner: 00:48:30.173 --> 00:48:32.976 ITHROW THAT OUT AS ONE 00:48:32.976 --> 00:48:33.310 ALTERNATIVE . 00:48:33.310 --> 00:48:37.915 THAT WOULD BE GOOD FOR YOU AND 00:48:37.915 --> 00:48:40.083 YOUR CLIENTS I'M SURE. 00:48:40.083 --> 00:48:41.151 [LAUGHTER] DO YOU AGREE? 00:48:41.151 --> 00:48:44.955 >> Stuart Ira Hyman,Petitioner: 00:48:44.955 --> 00:48:46.990 IF THEY DID IT IN THEIR OWN 00:48:46.990 --> 00:48:47.324 JURISDICTION. 00:48:47.324 --> 00:48:49.192 >> Justice Charles Canady: IT 00:48:49.192 --> 00:48:50.961 IS MORE LIKELY TO HAVE SOME 00:48:50.961 --> 00:48:52.129 TECHNICAL PROBLEMS IS THAT 00:48:52.129 --> 00:48:53.797 CORRECT. 00:48:53.797 --> 00:48:54.531 >> Stuart Ira Hyman,Petitioner: 00:48:54.531 --> 00:48:55.999 I WILL NOT SAY THAT. 00:48:55.999 --> 00:48:57.234 [LAUGHTER] THAT IT CAN HAPPEN I 00:48:57.234 --> 00:49:00.370 WOULD LIKE TO THANK WHOEVER IS 00:49:00.370 --> 00:49:02.139 IN CHARGE OF THOSE DEVICES 00:49:02.139 --> 00:49:04.207 WHICH I KNOW FROM EXPERIENCE 00:49:04.207 --> 00:49:06.209 THERE HAS BEEN MANY VERY 00:49:06.209 --> 00:49:07.210 CAPABLE INDIVIDUALS AND LITTLE 00:49:07.210 --> 00:49:08.078 CITIES 00:49:08.078 --> 00:49:10.047 >> Justice Charles Canady: IN 00:49:10.047 --> 00:49:12.883 MANY LITTLE CITIES IT WAS DONE 00:49:12.883 --> 00:49:13.483 PERFECTLY BUT THE MORE PEOPLE 00:49:13.483 --> 00:49:15.085 THAT ARE DOING IT LESS 00:49:15.085 --> 00:49:16.253 FREQUENTLY DID THEY DO IT MORE 00:49:16.253 --> 00:49:18.188 LIKELY THERE IS GOING TO BE 00:49:18.188 --> 00:49:20.223 SOMETHING 00:49:20.223 --> 00:49:22.092 >> Stuart Ira Hyman,Petitioner: 00:49:22.092 --> 00:49:24.127 CORRECT YOU DON'T AVOID IT THE 00:49:24.127 --> 00:49:25.529 PROBLEM THE WEIGHT THEY ARE 00:49:25.529 --> 00:49:27.230 DOING IT NOW BECAUSE YOU HAVE 00:49:27.230 --> 00:49:28.198 PROBABLY 20 OR 30 . 00:49:28.198 --> 00:49:29.266 [UNCLEAR AUDIO] 00:49:29.266 --> 00:49:32.269 >> Justice Charles Canady: I 00:49:32.269 --> 00:49:34.171 WAS CAUSED A DIGRESSION. 00:49:34.171 --> 00:49:36.206 [LAUGHTER] BASICALLY YOU JUST 00:49:36.206 --> 00:49:37.407 THINK THERE HAS TO BE SOMETHING 00:49:37.407 --> 00:49:39.276 DONE DIFFERENTLY MUTUAL AID 00:49:39.276 --> 00:49:43.046 PACKED DON'T THINK THAT IS A 00:49:43.046 --> 00:49:43.680 SOLUTION FOR THE REASON IT DOES 00:49:43.680 --> 00:49:45.282 NOT SEEM TO FIT WHAT WE ARE 00:49:45.282 --> 00:49:46.216 TALKING ABOUT. 00:49:46.216 --> 00:49:48.285 IF IT IS NOT HAVING TO TESTING 00:49:48.285 --> 00:49:49.252 EVERYWHERE WHAT IS IT? 00:49:49.252 --> 00:49:52.255 >> Stuart Ira Hyman,Petitioner: 00:49:52.255 --> 00:49:53.490 HERE IS WHAT I THINK. THIS IS 00:49:53.490 --> 00:49:56.193 JUST WHAT I THINK WE HAVE LAWS 00:49:56.193 --> 00:49:57.427 OF JURISDICTION FOR A REASON. 00:49:57.427 --> 00:49:59.262 THEY ARE THERE FOR A REASON. 00:49:59.262 --> 00:50:02.265 UNLESS THE COURT HAS 00:50:02.265 --> 00:50:03.567 JURISDICTION JURISDICTION IS 00:50:03.567 --> 00:50:06.336 ONEOF THE BASIC PREMISES OF 00:50:06.336 --> 00:50:07.537 ANYTHING THAT WE DO LEGALLY . 00:50:07.537 --> 00:50:09.539 >> Justice John Couriel: THE 00:50:09.539 --> 00:50:11.341 COURTS SUBJECT MATTER 00:50:11.341 --> 00:50:13.343 JURISDICTION STEMS UNDER US 00:50:13.343 --> 00:50:23.854 CONSTITUTION FROM OUR 00:50:23.854 --> 00:50:24.654 CONSTITUTION THAT IS DIFFERENT 00:50:24.654 --> 00:50:26.523 FROM THE JURISDICTION OF A LAW 00:50:26.523 --> 00:50:28.892 ENFORCEMENT OFFICER TO ENFORCE 00:50:28.892 --> 00:50:29.626 THE LAW. ONE IS A LET'S BE 00:50:29.626 --> 00:50:31.661 CAREFUL ABOUT OUR ANALOGIES. 00:50:31.661 --> 00:50:33.463 WHEN WE SPEAK ABOUT EXPORTS 00:50:33.463 --> 00:50:35.465 JURISDICTION WE TALK ABOUT WHEN 00:50:35.465 --> 00:50:36.733 POWER WE ARE NOW TALKING ABOUT 00:50:36.733 --> 00:50:38.602 THE EXECUTIVE POWER. 00:50:38.602 --> 00:50:40.504 WHICH IS A DIFFERENT SAME WORD 00:50:40.504 --> 00:50:42.539 LET'S TALK ABOUT AUTHORITY OR 00:50:42.539 --> 00:50:43.640 JURISDICTION CAREFULLY. 00:50:43.640 --> 00:50:46.810 >> Stuart Ira Hyman,Petitioner: 00:50:46.810 --> 00:50:47.944 YOU NEED TO GO BACK TO THE 00:50:47.944 --> 00:50:49.579 STATUTE THAT PROVIDED 00:50:49.579 --> 00:50:50.747 JURISDICTION. THE LEGISLATURE 00:50:50.747 --> 00:50:51.648 CAN FIX THIS. 00:50:51.648 --> 00:50:52.816 THEY FIXED A LOT OF OTHER 00:50:52.816 --> 00:50:53.817 THINGS OVER THE YEARS. 00:50:53.817 --> 00:50:56.086 IN THIS FIELD. IT CAN BE FIXED 00:50:56.086 --> 00:50:57.521 BUT THE WAY THAT THEY HAVE 00:50:57.521 --> 00:50:58.722 WRITTEN THE IMPLIED CONSENT 00:50:58.722 --> 00:51:00.590 STATUTE IS THAT A LAW 00:51:00.590 --> 00:51:01.691 ENFORCEMENT OFFICER HAS TO 00:51:01.691 --> 00:51:04.594 REQUEST THE BREATH-TEST. THE 00:51:04.594 --> 00:51:05.796 JURISDICTIONAL LAW ON MISCIBLE 00:51:05.796 --> 00:51:07.597 POLICE OFFICERS THERE IS 00:51:07.597 --> 00:51:08.865 NUMEROUS PRIVATE CITED IN THE 00:51:08.865 --> 00:51:11.535 BRIEF PROBABLY MORE EVEN OUT 00:51:11.535 --> 00:51:12.102 THERE THAT ONCE A MUNICIPAL 00:51:12.102 --> 00:51:13.870 POLICE OFFICER LEAVES THEIR 00:51:13.870 --> 00:51:15.605 JURISDICTION THEY ARE PRIVATE 00:51:15.605 --> 00:51:15.839 CITIZEN. 00:51:15.839 --> 00:51:17.641 IF WE ARE GOING TO GIVE THE 00:51:17.641 --> 00:51:19.609 TEXT OF THAT STATUTE WHAT IT 00:51:19.609 --> 00:51:21.945 SAYS WHAT IT MEANS I WILL CALL 00:51:21.945 --> 00:51:23.747 THE COURT'S ATTENTION TO THE 00:51:23.747 --> 00:51:25.649 GRIFFIS CASE WHICH IS ALSO FROM 00:51:25.649 --> 00:51:26.850 THE FIFTH DISTRICT COURT OF 00:51:26.850 --> 00:51:28.852 APPEAL CASE THAT PARTICULAR 00:51:28.852 --> 00:51:33.890 CASE DEALT WITH SEARCH WARRANTS 00:51:33.890 --> 00:51:37.160 A SEARCH WARRANT WHETHER A E OF 00:51:37.160 --> 00:51:40.430 SEARCH WARRANT CAN BE ISSUED 00:51:40.430 --> 00:51:42.833 AND WHO IT CAN BE ISSUED TO. 00:51:42.833 --> 00:51:44.034 THE STATUTE REQUIRED IT BE 00:51:44.034 --> 00:51:45.135 ISSUED TO A LAW ENFORCEMENT 00:51:45.135 --> 00:51:47.037 OFFICER ACTUALLY HE WAS A 00:51:47.037 --> 00:51:48.105 POLICE OFFICER. BUT THE FIFTH 00:51:48.105 --> 00:51:50.040 DISTRICT COURT OF APPEAL IN OUR 00:51:50.040 --> 00:51:51.274 OPINION MADE A POINT OF SAYING 00:51:51.274 --> 00:51:53.143 IT HAD TO BE A POLICE OFFICER 00:51:53.143 --> 00:51:55.212 WITH THE POWER TO ACT. 00:51:55.212 --> 00:51:56.179 THEY MADE A SPECIFIC BINDING 00:51:56.179 --> 00:51:57.080 POWER TO ACT. 00:51:57.080 --> 00:51:59.116 IN THIS PARTICULAR CASE IF THE 00:51:59.116 --> 00:52:01.051 LEGISLATURE IS GOING TO USE LAW 00:52:01.051 --> 00:52:02.285 ENFORCEMENT OFFICER IN FLORIDA 00:52:02.285 --> 00:52:04.187 STATUTE 316.1932, IT HAS TO BE 00:52:04.187 --> 00:52:06.189 A LAW ENFORCEMENT OFFICER IN MY 00:52:06.189 --> 00:52:13.463 OPINION WITH POWER TO ACT. 00:52:13.463 --> 00:52:14.564 IF WE ARE GOING TO BE 00:52:14.564 --> 00:52:15.432 CONSISTENT. 00:52:15.432 --> 00:52:16.700 >> Justice Meredith Sasso: CAN 00:52:16.700 --> 00:52:18.902 I CLARIFY ONE THING ON THE 00:52:18.902 --> 00:52:20.504 SUPPRESSION ISSUE IN THE 00:52:20.504 --> 00:52:21.571 SUPPRESSION ISSUE CAN YOU 00:52:21.571 --> 00:52:23.840 CLARIFY YOUR ARGUMENT IS IT YOU 00:52:23.840 --> 00:52:25.475 THINK IT'S A LEGISLATIVE 00:52:25.475 --> 00:52:27.544 STATUTORY SUPPRESSION REMEDY OR 00:52:27.544 --> 00:52:28.745 DO THINK IT IS CONSTITUTIONAL 00:52:28.745 --> 00:52:30.280 IN NATURE. 00:52:30.280 --> 00:52:31.982 >> Stuart Ira Hyman,Petitioner: 00:52:31.982 --> 00:52:35.018 I BELIEVE IT CAN BE DELVED INTO 00:52:35.018 --> 00:52:35.752 CONSTITUTIONALLY IF YOU LOOK AT 00:52:35.752 --> 00:52:38.188 CASES WHERE STATUTES DON'T 00:52:38.188 --> 00:52:39.556 EXPRESSLY SAY EXPRESSION OR 00:52:39.556 --> 00:52:41.591 SUPPRESSION IS REMEDY THE CASES 00:52:41.591 --> 00:52:42.592 YOU GO BACK TO. 00:52:42.592 --> 00:52:44.861 [LISTING NAMES] AND YOU GO BACK 00:52:44.861 --> 00:52:46.796 TO ENGLAND DAVID BROUGHT UP IN 00:52:46.796 --> 00:52:49.900 ONE OF THE PINS THAT THE 00:52:49.900 --> 00:52:50.834 CONSTABLES USED OUT THE KINKS 00:52:50.834 --> 00:52:52.769 CODE THEY WERE DOING ACTS 00:52:52.769 --> 00:52:54.638 WITHOUT THE KINGS CODE THEY 00:52:54.638 --> 00:52:56.606 WERE NOT LAWFUL. YOU CAN MAKE 00:52:56.606 --> 00:52:58.642 THAT ANALOGY GO BACK AND FIND A 00:52:58.642 --> 00:53:00.677 CONSTITUTIONAL REMEDY OF 00:53:00.677 --> 00:53:01.845 EXCLUSIONARY RULE. BUT I THINK 00:53:01.845 --> 00:53:03.813 WHEN IT COMES TO THE IMPLIED 00:53:03.813 --> 00:53:05.715 CONSENT LAW I BELIEVE BY THIS 00:53:05.715 --> 00:53:06.883 COURT IT IS HELD IN THOSE THREE 00:53:06.883 --> 00:53:08.785 CASES ROBERTSON DONALDSON AND 00:53:08.785 --> 00:53:09.920 VENDORS TO BE STATUTORY. 00:53:09.920 --> 00:53:11.988 IT WAS A STATUTORY EXCLUSION IF 00:53:11.988 --> 00:53:13.723 YOU DO NOT COMPLY WITH THE 00:53:13.723 --> 00:53:15.625 REQUIREMENTS OF THE STATUTE OR 00:53:15.625 --> 00:53:16.760 THE RULES FOR THE 00:53:16.760 --> 00:53:17.794 ADMINISTRATION OF THE 00:53:17.794 --> 00:53:21.731 BREATH-TEST, THEN THERE IS IN 00:53:21.731 --> 00:53:23.667 ROBERTSON A STATUTORY 00:53:23.667 --> 00:53:24.801 EXCLUSIONARY RULE. I BELIEVE 00:53:24.801 --> 00:53:27.304 IT'S A STATUTORY EXCLUSION BUT 00:53:27.304 --> 00:53:28.505 I BELIEVE THAT THE ARGUMENT 00:53:28.505 --> 00:53:30.273 COULD BE MADE IT IS 00:53:30.273 --> 00:53:32.042 CONSTITUTIONAL AS WELL. 00:53:32.042 --> 00:53:33.276 >> Justice Meredith Sasso: I 00:53:33.276 --> 00:53:34.477 GUESS I'M TRYING TO FIGURE OUT 00:53:34.477 --> 00:53:36.846 WHICH ONE YOU ARE HANGING YOUR 00:53:36.846 --> 00:53:37.080 HEAD ON. 00:53:37.080 --> 00:53:40.116 >> Stuart Ira Hyman,Petitioner: 00:53:40.116 --> 00:53:40.750 REALLY I WOULD LIKE TO SAY AND 00:53:40.750 --> 00:53:42.485 HANGING IT ON ONE OR THE OTHER 00:53:42.485 --> 00:53:44.387 BUT I'M NOT REALLY BECAUSE I 00:53:44.387 --> 00:53:46.423 CAN SEE THE ARGUMENTS FOR BOTH 00:53:46.423 --> 00:53:46.656 OF THEM. 00:53:46.656 --> 00:53:48.458 I DON'T MAKE THE DECISIONS I 00:53:48.458 --> 00:53:50.460 JUST KIND OF FOLLOWED THEM FROM 00:53:50.460 --> 00:53:51.428 DIFFERENT COURTS. 00:53:51.428 --> 00:53:52.662 AND TRY AND PUT THEM TOGETHER 00:53:52.662 --> 00:53:54.598 AND COME TO SOME SENSIBLE 00:53:54.598 --> 00:53:56.433 CONCLUSION LEGALLY TO MAKE 00:53:56.433 --> 00:53:58.134 SENSE LEGALLY. 00:53:58.134 --> 00:53:59.302 I DO BELIEVE THOUGH WHEN THEY 00:53:59.302 --> 00:54:04.207 SAY THAT THE THREE CASES OF 00:54:04.207 --> 00:54:06.409 THIS FLORIDA SUPREME COURT IN 00:54:06.409 --> 00:54:08.144 THE PAST DONALDSON BENDER AND 00:54:08.144 --> 00:54:10.280 ROBERTSON THEY WERE ALL VERY 00:54:10.280 --> 00:54:11.448 BASIC IN YOU HAVE TO COMPLY 00:54:11.448 --> 00:54:14.217 WITH THE STATUTE AND THERE IS A 00:54:14.217 --> 00:54:15.418 STATUTE INVOLVED IN THIS CASE 00:54:15.418 --> 00:54:27.163 AND 316.1932 HAS TO BE A LAW 00:54:27.163 --> 00:54:28.365 ENFORCEMENT OFFICER TO REQUEST 00:54:28.365 --> 00:54:30.400 THE BREATH-TEST. I THINK THE 00:54:30.400 --> 00:54:32.269 BETTER ARGUMENT PROBABLY IN 00:54:32.269 --> 00:54:34.304 THIS CASE IS STATUTORY 00:54:34.304 --> 00:54:34.604 SUPPRESSION. 00:54:34.604 --> 00:54:37.674 BY THE EXCLUSIONARY RULE IT IS 00:54:37.674 --> 00:54:38.375 STATUTORY BUT I THINK THE 00:54:38.375 --> 00:54:40.343 ARGUMENT CAN ALSO BE MADE THAT 00:54:40.343 --> 00:54:42.279 IS BASED ON THE CONSTITUTION IF 00:54:42.279 --> 00:54:43.446 YOU WANT TO GO BACK TO WHAT IS 00:54:43.446 --> 00:54:45.415 THE POWERS OF POLICE OFFICERS 00:54:45.415 --> 00:54:50.453 AND EVIDENCE GATHERING BACK 00:54:50.453 --> 00:54:52.355 THEN I GUESS IT WAS BREAKING 00:54:52.355 --> 00:54:53.523 DOWN DOORS BECAUSE IT DIDN'T 00:54:53.523 --> 00:54:55.592 HAVE BREATH-TEST MACHINES BUT 00:54:55.592 --> 00:54:57.460 HERE WE ARE BREATH-TEST WHERE 00:54:57.460 --> 00:54:59.396 PEOPLE ARE BEING SEARCHED 00:54:59.396 --> 00:54:59.696 PERSONALLY. 00:54:59.696 --> 00:55:03.566 MY FEELING IS THAT I CANNOT 00:55:03.566 --> 00:55:05.468 MAKE THE DECISION BUT I THINK 00:55:05.468 --> 00:55:07.470 THERE'S AN ARGUMENT THAT CAN BE 00:55:07.470 --> 00:55:10.373 MADE FOR BOTH OF THOSE I THINK 00:55:10.373 --> 00:55:11.641 THE STATUTORY ONE IS PROBABLY 00:55:11.641 --> 00:55:12.609 THE BETTER ARGUMENT. 00:55:12.609 --> 00:55:14.711 >> Chief Justice Carlos Muniz: 00:55:14.711 --> 00:55:16.813 IN ORDER FOR YOU TO WIN ON THE 00:55:16.813 --> 00:55:18.581 MERITS WITH TWO THERE IS OTHER 00:55:18.581 --> 00:55:20.517 PARTS TO IT BUT THE 00:55:20.517 --> 00:55:22.519 FOUNDATIONAL PREMISE IS IT THAT 00:55:22.519 --> 00:55:24.587 THE ACT OF REQUESTING THE 00:55:24.587 --> 00:55:25.789 TECHNICIAN OR WHATEVER TO 00:55:25.789 --> 00:55:30.026 PERFORM THE TEST THAT THAT IS 00:55:30.026 --> 00:55:32.062 AN EXTRATERRITORIAL EXERCISE OF 00:55:32.062 --> 00:55:33.063 MUNICIPAL POWER. 00:55:33.063 --> 00:55:35.098 >> Stuart Ira Hyman,Petitioner: 00:55:35.098 --> 00:55:36.266 YES IT IS BEING DONE NOT ONLY 00:55:36.266 --> 00:55:38.335 FOR THE OFFICER FOR HIS DUI 00:55:38.335 --> 00:55:39.336 CASE BUT IT IS ALSO BEING DONE 00:55:39.336 --> 00:55:41.171 ON BEHALF OF THE STATE OF 00:55:41.171 --> 00:55:43.106 FLORIDA FORADMINISTRATIVE 00:55:43.106 --> 00:55:44.307 PURPOSES AS FAR AS SUSPENSION 00:55:44.307 --> 00:55:46.109 OF DRIVER'S LICENSES. 00:55:46.109 --> 00:55:47.243 THEY ARE ACTING AS A STATE 00:55:47.243 --> 00:55:47.510 OFFICER . 00:55:47.510 --> 00:55:51.214 Muniz: OTHER THAN SYRUP THE 00:55:51.214 --> 00:55:52.415 ANALOGY TO THE SORT OF MAN KIND 00:55:52.415 --> 00:55:54.484 OF OBSERVATIONAL WALKING AROUND 00:55:54.484 --> 00:55:56.353 TYPE SEARCHES THERE IS NO I'M 00:55:56.353 --> 00:55:58.288 AWARE OF ANYBODY SELLING ANY 00:55:58.288 --> 00:56:01.424 AUTHORITY FOR UNDERSTANDING 00:56:01.424 --> 00:56:03.460 THIS PHRASE IN THE CONSTITUTION 00:56:03.460 --> 00:56:05.462 IN THIS CONTEXT. TO ADJUST THAT 00:56:05.462 --> 00:56:07.864 RESULT BY ANALOGY. 00:56:07.864 --> 00:56:09.833 >> Stuart Ira Hyman,Petitioner: 00:56:09.833 --> 00:56:11.835 I'M NOT SURE I UNDERSTAND THE 00:56:11.835 --> 00:56:12.836 COLOR OF OFFICE. 00:56:12.836 --> 00:56:14.070 >> Chief Justice Carlos Muniz: 00:56:14.070 --> 00:56:16.072 THE REASON WHY YOU ARE ARGUING 00:56:16.072 --> 00:56:18.007 THE AUTHORITY THAT YOU HAVE TO 00:56:18.007 --> 00:56:19.843 SAY THAT THIS ONE YOU ARE 00:56:19.843 --> 00:56:31.788 SAYING IS A MATTER OF LANGUAGE 00:56:31.788 --> 00:56:32.989 THEY ARE EXERCISING POWER AS 00:56:32.989 --> 00:56:35.892 FAR AS NOW JAZZING IT WITH THE 00:56:35.892 --> 00:56:37.894 THINGS THAT HAVE BEEN LEGALLY 00:56:37.894 --> 00:56:40.196 RECOGNIZED TO BE THE EDITORIAL 00:56:40.196 --> 00:56:41.064 EXERCISE OF POWER DO WE KNOW 00:56:41.064 --> 00:56:43.066 YOU NEEDSTATUTE IF A POLICEMAN 00:56:43.066 --> 00:56:44.934 FROM MIDLAND WAS TO GO WALK 00:56:44.934 --> 00:56:46.903 AROUND IN ANOTHER CITY AND 00:56:46.903 --> 00:56:48.004 GATHER EVIDENCE THAT IS 00:56:48.004 --> 00:56:49.873 RELEVANT TO A CASE YOU DON'T 00:56:49.873 --> 00:56:52.041 NEED ANY LEGISLATIVE AUTHORITY 00:56:52.041 --> 00:56:53.076 TO DO THAT RIGHT . 00:56:53.076 --> 00:56:55.879 >> Stuart Ira Hyman,Petitioner: 00:56:55.879 --> 00:56:57.180 IF YOU FOLLOW THE PREMISE THAT 00:56:57.180 --> 00:56:59.082 IS ACTUALLY EVIDENCE GATHERING 00:56:59.082 --> 00:57:01.050 BY WALKING AROUND JUST USING 00:57:01.050 --> 00:57:03.119 YOUR EYES THEN YES YOU PROBABLY 00:57:03.119 --> 00:57:03.286 DO. 00:57:03.286 --> 00:57:10.627 >> Chief Justice Carlos Muniz: 00:57:10.627 --> 00:57:12.629 OKAY THAT'S OBVIOUSLY THAT GOES 00:57:12.629 --> 00:57:13.897 AGAINST THE CASE LAW SUPPORTING 00:57:13.897 --> 00:57:15.765 WHAT I ACKNOWLEDGES THIS TO HIS 00:57:15.765 --> 00:57:17.867 THOSE CASES WHERE THE WINTER 00:57:17.867 --> 00:57:18.902 HOTEL ROOMS AND CERTAIN HOTEL 00:57:18.902 --> 00:57:20.804 ROOM THEY WENT TO PEOPLE'S 00:57:20.804 --> 00:57:22.739 HOUSES AND DID SEARCHES THAT IS 00:57:22.739 --> 00:57:23.940 WHERE THEY ARE USING THE COLOR 00:57:23.940 --> 00:57:24.908 OF THEIR OFFICE. 00:57:24.908 --> 00:57:27.710 >> Chief Justice Carlos Muniz: 00:57:27.710 --> 00:57:28.845 UNDERSTANDS THAT IS BASICALLY 00:57:28.845 --> 00:57:29.012 IT. 00:57:29.012 --> 00:57:31.514 >> Justice Charles Canady: CAN 00:57:31.514 --> 00:57:32.849 I ASK A BRIEF FOLLOW-UP ABOUT 00:57:32.849 --> 00:57:34.717 THE REQUEST FOR THE TEST DO YOU 00:57:34.717 --> 00:57:36.820 UNDERSTAND THAT TO BE A REQUEST 00:57:36.820 --> 00:57:37.921 THAT IS MADE BY THE OFFICER TO 00:57:37.921 --> 00:57:39.956 THE TECHNICIANS TO ADMINISTER 00:57:39.956 --> 00:57:41.724 THE TEST WHICH I THINK THE 00:57:41.724 --> 00:57:42.892 CHIEF SUGGESTED, OR A REQUEST 00:57:42.892 --> 00:57:44.928 BY THE OFFICER TO THE PERSON IN 00:57:44.928 --> 00:57:47.964 CUSTODY THE ARRESTEE TO SUBMIT 00:57:47.964 --> 00:57:51.000 IT IS A REQUEST BY THE OFFICER 00:57:51.000 --> 00:57:53.002 WHO ARRESTED THEM TO SUBMIT TO 00:57:53.002 --> 00:57:53.837 THE TEST. 00:57:53.837 --> 00:57:59.209 >> Justice Charles Canady: IT 00:57:59.209 --> 00:58:00.143 IS NOT A REQUEST TO THE 00:58:00.143 --> 00:58:01.077 TECHNICIAN THAT IS YOUR VIEW. 00:58:01.077 --> 00:58:03.847 >> Stuart Ira Hyman,Petitioner: 00:58:03.847 --> 00:58:05.849 IN THIS CASE IT IS NOT POSSIBLE 00:58:05.849 --> 00:58:07.884 BECAUSE THE TECHNICIAN IS A 00:58:07.884 --> 00:58:09.118 CIVILIAN DID NOT HAVE AUTHORITY 00:58:09.118 --> 00:58:10.987 TO GO AHEAD UNDER THAT STATUTE. 00:58:10.987 --> 00:58:16.893 >>Justice Charles Canady: I 00:58:16.893 --> 00:58:18.895 UNDERSTAND THE REQUEST HAS TO 00:58:18.895 --> 00:58:20.196 EMANATE FROM THE POLICE OFFICER 00:58:20.196 --> 00:58:22.098 NO QUESTION ABOUT THAT QUESTION 00:58:22.098 --> 00:58:24.033 THAT I HAVE IS WHO THE REQUEST 00:58:24.033 --> 00:58:25.969 IS DIRECTED TO IS IT DIRECTED 00:58:25.969 --> 00:58:27.170 TO THE TECHNICIAN TO ADMINISTER 00:58:27.170 --> 00:58:29.172 THE TEST OR TO THE ARRESTEE TO 00:58:29.172 --> 00:58:35.512 SUBMIT TO WHAT YOU SAY TO THE 00:58:35.512 --> 00:58:37.013 ARRESTEE TO SUBMIT TO ITS 00:58:37.013 --> 00:58:37.280 CORRECT . 00:58:37.280 --> 00:58:40.149 >> Stuart Ira Hyman,Petitioner: 00:58:40.149 --> 00:58:42.085 JUST KIND OF GET MORE OF A 00:58:42.085 --> 00:58:43.920 UNDERSTANDING WHEN THEY GO DOWN 00:58:43.920 --> 00:58:45.121 THERE AT THE TECHNICIAN IS 00:58:45.121 --> 00:58:47.090 GOING TO DO THE TEST THE POLICE 00:58:47.090 --> 00:58:48.291 OFFICER IS DR. READ THE IMPLIED 00:58:48.291 --> 00:58:50.260 CONSENT WARNING AND REQUESTED 00:58:50.260 --> 00:58:51.160 TEST. 00:58:51.160 --> 00:58:52.795 >> Chief Justice Carlos Muniz: 00:58:52.795 --> 00:58:54.230 THE STATUTE IS ALL OVER THE 00:58:54.230 --> 00:58:56.165 TALK ABOUT DIFFERENT PEOPLE 00:58:56.165 --> 00:58:58.368 REQUESTING DIFFERENT THINGS IS 00:58:58.368 --> 00:58:59.402 NOT OBVIOUS THAT THE RECIPIENT 00:58:59.402 --> 00:59:01.371 OF THE REQUEST IS THE DEFENDANT 00:59:01.371 --> 00:59:03.273 WORTH THE ARRESTEE BECAUSE THE 00:59:03.273 --> 00:59:05.341 WHOLE PREMISE OF THIS IS THEY 00:59:05.341 --> 00:59:06.442 ALREADY CONSENTED THEY ARE JUST 00:59:06.442 --> 00:59:08.344 KIND OF BEING REMINDED OF THE 00:59:08.344 --> 00:59:09.512 CONSENT THEY ALREADY GIVEN 00:59:09.512 --> 00:59:11.381 THEIR BEING KIND OF WARNED IF 00:59:11.381 --> 00:59:13.449 THEY WITHDRAW THEIR CONSENT 00:59:13.449 --> 00:59:15.351 THERE IS THOUGHT TO BE THESE 00:59:15.351 --> 00:59:16.252 POTENTIAL CRIMINAL 00:59:16.252 --> 00:59:17.320 CONSEQUENCES. 00:59:17.320 --> 00:59:18.454 STRANGE CONSTRUCT IT IS NOT 00:59:18.454 --> 00:59:20.290 EVEN REALLY ANALOGOUS TO 00:59:20.290 --> 00:59:22.392 KNOCKING ON HIS DOOR AND SAYING 00:59:22.392 --> 00:59:23.526 CAN I COME IN BECAUSE OBVIOUSLY 00:59:23.526 --> 00:59:26.663 I HAVE NOT ALREADY CONSENTED TO 00:59:26.663 --> 00:59:27.463 SOMEBODY COMMANDS IN THAT 00:59:27.463 --> 00:59:29.299 SITUATION. IT'S A VERY I 00:59:29.299 --> 00:59:30.633 UNDERSTAND WHY YOU ARE ARGUING 00:59:30.633 --> 00:59:32.302 WHAT YOU ARE. I'M NOT 00:59:32.302 --> 00:59:33.303 CRITICIZING YOU. 00:59:33.303 --> 00:59:34.571 THIS IS OBVIOUSLY KIND OF THIS 00:59:34.571 --> 00:59:36.406 IS ITS OWN UNIQUE THING IT DOES 00:59:36.406 --> 00:59:37.941 NOT REALLY FIT IT IS OUTFITTED 00:59:37.941 --> 00:59:39.509 THE OTHER PRACTICES THAT ARE 00:59:39.509 --> 00:59:42.312 >> Stuart Ira Hyman,Petitioner: 00:59:42.312 --> 00:59:44.380 IT COULD BE, A SLIPPERY SLOPE 00:59:44.380 --> 00:59:45.548 THOUGH DEPENDING ON HOW THIS 00:59:45.548 --> 00:59:48.351 GOES DOESTHAT GIVE POLICE 00:59:48.351 --> 00:59:49.519 OFFICERS THE POLICE OFFICERS 00:59:49.519 --> 00:59:51.387 FROM MIDLAND COME TO 00:59:51.387 --> 00:59:52.622 TALLAHASSEE AND INTERROGATE 00:59:52.622 --> 00:59:55.024 PEOPLE APPEAR BY USE OF THE 00:59:55.024 --> 00:59:56.392 COLOR OF THEIR OFFICE. CAN THEY 00:59:56.392 --> 00:59:56.726 COME UP HERE ! 00:59:56.726 --> 00:59:59.429 WHO HAVE NOT ALREADY BEEN 00:59:59.429 --> 00:59:59.696 ARRESTED? 00:59:59.696 --> 01:00:01.431 >> Stuart Ira Hyman,Petitioner: 01:00:01.431 --> 01:00:02.699 MAYBE THEY WERE ARRESTED AND 01:00:02.699 --> 01:00:04.567 OUT ON BOND AND COME UP HERE TO 01:00:04.567 --> 01:00:07.437 GATHER MORE EVIDENCE . WHERE IT 01:00:07.437 --> 01:00:08.671 CAN GO IS A LOT THAT IS WHY I 01:00:08.671 --> 01:00:10.607 WOULD SUBMIT IT'S A SLIPPERY 01:00:10.607 --> 01:00:12.642 SLOPE SCHOOL AND YOU COULD HAVE 01:00:12.642 --> 01:00:14.544 30 SECONDS TO FINISH UP. 01:00:14.544 --> 01:00:16.779 >> Stuart Ira Hyman,Petitioner: 01:00:16.779 --> 01:00:18.648 I BELIEVE IF WE JUST GO BY THE 01:00:18.648 --> 01:00:20.717 CASE LAW DEVELOPED ADDITIONALLY 01:00:20.717 --> 01:00:23.653 AS I UNDERSTAND IT MUNICIPAL 01:00:23.653 --> 01:00:25.622 POLICE OFFICER OUTSIDE OF THEIR 01:00:25.622 --> 01:00:27.490 JURISDICTION IS A PRIVATE 01:00:27.490 --> 01:00:29.492 CITIZEN AND THEY CANNOT USE THE 01:00:29.492 --> 01:00:31.461 COLOR OF THEIR OFFICE TO FERRET 01:00:31.461 --> 01:00:32.595 OUT EVIDENCE THAT IS NOT 01:00:32.595 --> 01:00:34.631 OTHERWISE OBSERVABLE. I BELIEVE 01:00:34.631 --> 01:00:37.367 IT COMES DOWN TO THAT AND A 01:00:37.367 --> 01:00:39.435 STATUTE TO SUPPORT THAT FLORIDA 01:00:39.435 --> 01:00:41.337 STATUTE 316.1932 HAS TO BE A 01:00:41.337 --> 01:00:43.306 LAW ENFORCEMENT OFFICER THAT IS 01:00:43.306 --> 01:00:44.607 REQUESTING A BREATH-TEST THAT 01:00:44.607 --> 01:00:46.509 IS WHAT I BELIEVE IT BOILS DOWN 01:00:46.509 --> 01:00:47.477 TO IN THE END. 01:00:47.477 --> 01:00:49.646 >> Chief Justice Carlos Muniz: 01:00:49.646 --> 01:00:51.314 THANK YOU VERY MUCH. 01:00:51.314 --> 01:00:53.316 >> Attorney: JUST BRIEFLY IF I 01:00:53.316 --> 01:00:54.651 UNDERSTAND MY FRIEND CORRECTLY 01:00:54.651 --> 01:00:56.586 HE IS PRINCIPALLY ARGUING THIS 01:00:56.586 --> 01:00:58.521 IS A VIOLATION OF THE IMPLIED 01:00:58.521 --> 01:01:00.023 CONSENT STATUTE. 01:01:00.023 --> 01:01:01.391 I THINK THAT I DON'T THINK YOU 01:01:01.391 --> 01:01:03.226 CAN GET THAT FROM THE IMPLIED 01:01:03.226 --> 01:01:05.128 CONSENT STATUTE THE IMPLIED 01:01:05.128 --> 01:01:07.130 CONSENT STATUTE AUTHORIZES IT 01:01:07.130 --> 01:01:09.098 REQUIRES THE ARRESTING OFFICER 01:01:09.098 --> 01:01:10.333 TO REQUEST A TEST I WILL TAKE 01:01:10.333 --> 01:01:12.301 MY FRIENDS FEEL THE LEGISLATURE 01:01:12.301 --> 01:01:17.407 IS IMPLICITLY REQUIRING EVERY 01:01:17.407 --> 01:01:18.574 MUNICIPALITY IN THE STATE OF 01:01:18.574 --> 01:01:20.410 FLORIDA TO PURCHASE THEIR OWN 01:01:20.410 --> 01:01:22.412 BREATH-TEST AND OPERATES ON 01:01:22.412 --> 01:01:24.480 BREATH-TEST FACILITY HATE TO 01:01:24.480 --> 01:01:26.482 INVOKE THE ABSURDITY TENANT I 01:01:26.482 --> 01:01:28.518 BELIEVE WE ARE APPROACHING THE 01:01:28.518 --> 01:01:29.619 TERRITORY THERE ARE SOME 01:01:29.619 --> 01:01:31.521 MUNICIPALITIES IN FLORIDA THAT 01:01:31.521 --> 01:01:32.722 HAVE AGENCIES OF HANDFUL OF 01:01:32.722 --> 01:01:34.624 POLICE OFFICERS I DON'T THINK 01:01:34.624 --> 01:01:36.726 THE LEGISLATURE WAS REQUIRING 01:01:36.726 --> 01:01:38.695 THAT REGARDLESS THIS IS NOT 01:01:38.695 --> 01:01:40.596 ANYTHING THAT GOES TO THE 01:01:40.596 --> 01:01:42.598 ACCURACY OR THE VALIDITY OF THE 01:01:42.598 --> 01:01:43.900 TEST RESULTS THEMSELVES THERE 01:01:43.900 --> 01:01:45.802 IS NOTHING IN THE IMPLIED 01:01:45.802 --> 01:01:47.637 CONSENT STATUTE THAT WOULD 01:01:47.637 --> 01:01:48.805 REQUIRE SUPPRESSION IN THAT 01:01:48.805 --> 01:01:49.806 CONTEXT THANK YOU. 01:01:49.806 --> 01:01:51.941 >> Chief Justice Carlos Muniz: 01:01:51.941 --> 01:02:00.183 THANK YOU.