Skinner v. State (First District Court of Appeals/ April 7th, 2010)

Before detaining someone during a DUI investigation, an investigator such as Trooper Brooker must have a reasonable suspicion the detainee-here, Mr. Skinner-committed the offense. See § 901.151(2), Fla. Stat. (2007); State v. Taylor, 648 So.2d 701, 703 (Fla.1995). An arrest for DUI must be supported by probable cause. See § 901.151(4); Popple v. State, 626 So.2d 185, 186 (Fla.1993). Here, defense counsel cited the accident report privilege to argue the prosecution had not presented any admissible evidence to prove petitioner drove a vehicle involved in the crash. When the county court asked the State at the initial hearing what specific evidence it had presented (other than petitioner's privileged statements) to establish he was a driver, the prosecutor relied on 1) Brooker's testimony that he had observed petitioner and Charles standing outside leaning against the side of the vehicle and that petitioner smelled of alcohol and demonstrated other indicators of impairment, and 2) the State's “belief” the vehicle belonged to the petitioner. Argument of counsel does not constitute competent substantial evidence. See McLeod v. McLeod, 989 So.2d 1255, 1256 (Fla. 1st DCA 2008). Given the State's bare-bones response, the county court granted the amended motion to suppress because the State had presented no evidence to prove that petitioner had been the driver. The record supports this ruling.  Thus, the Court through out the DUI.