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Ferrer v. State5/23/2001
Ct. 1898, 77 L.Ed.2d 286 (1983). We see no principled basis on which to distinguish cases involving hearsay statements of informants from those involving hearsay statements of an arresting officer. Id. at 693.
Likewise, in United States v. Maza, 93 F.3d 1390 (8th Cir. 1996), the court rejected the defendant's argument to suppress the evidence against him because the government failed to call as witnesses the officers who actually made the stops. The court noted: "Appellants took advantage of their right to cross examine the agent [who was assigned to the case], and the district court found the agent's testimony credible. Because the appellants have not pointed us to anything that would cast serious doubt on this finding, we decline to question the district court's finding." Id. at 1396.
Further, the court in People v. Edwards, 741 N.E. 2d 876 (N.Y. 2000), commented that:
A police witness at a suppression hearing may establish probable cause by personal knowledge, as well as by information supplied by fellow officers or private citizens (citations omitted). The People are not required "to produce any particular witness, provided they sustain their burden of coming forward with evidence showing that there was probable cause for the arrest." (Citations omitted.) ...
As a counterbalancing principle, the defendant has a right to cross- examine the People's witnesses at the suppression hearing (citations omitted). Thus, in the ordinary case where a police officer has obtained evidence from a third person providing probable cause, the defendant has the opportunity to question the officer about the third person's identity, relationship to the crime, basis of knowledge, past relationship to the police and criminal history. The defendant is thus able to raise any appropriate question about the officer's testimony to the suppression court. Id. at 878-879.
The Edwards court refers to the defendant's right to cross-examine the officer who obtains information from a third-party, such as a fellow officer, which in the present case would be Deputy Vila. Petitioner makes no claim that he was deprived of a full and fair opportunity to cross-examine Deputy Vila.
In Lara v. State, 464 So. 2d 1173 (Fla. 1985), the court did not directly address the question of a defendant's right to cross- examination in a motion to suppress hearing. We note, however, that the court held, inter alia, that hearsay evidence which established that the murder victim's boyfriend consented to the search of the victim's apartment was properly admitted at the suppression hearing even though the boyfriend was unavailable for cross-examination.
Accordingly, we hold that Deputy Vila's hearsay testimony, admitted under the fellow officer rule, was sufficient to validate Officer Claremont's initial stop of Petitioner's car. We further hold that Petitioner's Sixth Amendment right to confrontation of witnesses against him was not violated at the motion to suppress hearing. Accordingly, we deny the petition.
CERTIORARI DENIED.
WARNER, C.J. and GUNTHER, J., concur.
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