Wednesday, January 8, 1997

US Supreme Court Whiteley v. Warden 136

3-29-71

   This case establishes what has become known as the fellow officer rule (that an officer may rely on probable cause developed by a different officer when making an arrest).

   It's an interesting case because, although it was good for law enforcement in general, it was decided against law enforcement in this particular case.  Basically, some sheriff in Wyoming issued a bulletin stating that there was a warrant for Whiteley's arrest (and there was, although the complaint that the warrant was based on didn't actually contain enough information to establish PC).  An officer in Laramie arrested Whitelely , acting on the aforementioned BOLO.  

   The Supreme Court held that although the officers who actually arrested Whiteley were entitled to rely on information form other officers that he was subject to arrest, the arrest itself was still invalid because the sheriff who claimed to have PC didn't.

3 comments:

  1. ...The sheriff probably filed the case under the, "if the courts kick this it's on theme," rationale. Nice of the courts to rule in our favor in spite of that, though.

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    1. :D Well said! I thought this was a really good decision. The sheriff was an idiot, but there was no reason to punish the entire profession for his incompetence.

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  2. ...and by theme, i mean them (hate it when that happens :p)

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