Division of Administrative Hearings, Florida
Filed: Aug. 30, 2012
Must the evidence obtained as a result of the stop, investigation, and arrest of Respondent, Joshua Perrella, on January 11, 2011, be excluded from evidence for violation of Article I, section 12, of the Florida Constitution and Amendment Four of the United States Constitution? Did Mr. Perrella unlawfully drive a vehicle while under the influence of alcoholic beverages; any chemical substance specified in section 877.111, Florida Statutes (2011)1/; or any substance controlled under chapter 893, Florida Statutes, to the extent that his normal facilities were impaired? If Mr. Perrella drove while impaired by the influence of alcoholic beverages, a specified chemical substance, or a controlled substance, did that conduct violate sections 943.1395(7) and 943.13(7), Florida Statutes, and Florida Administrative Code Rule 11B-27.0011(4)(b)? If Mr. Perrella violated the above statutes and rules, should his correctional officer certificate be revoked or some other penalty be imposed?Deliberate decision to follow and stop vehicle outside officer's jurisdiction resulted in a search and seizure so unreasonable that its results were excluded from evidence. Remaining evidence insufficient to prove the charge of driving while impaired.
