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Florida Statute 322.202 | Lawyer Caselaw & Research
F.S. 322.202 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.202

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.202
322.202 Admission of evidence obtained from the Division of Motorist Services.
(1) The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in particular prosecutions. The Legislature further finds that errors in records maintained by the division are not within the collective knowledge of any law enforcement agency. The Legislature also finds that the missions of the division and the Department of Highway Safety and Motor Vehicles provide a sufficient incentive to maintain records in a current and correct fashion.
(2) The Legislature finds that the purpose of the exclusionary rule is to deter misconduct on the part of law enforcement officers and law enforcement agencies.
(3) The Legislature finds that the application of the exclusionary rule to cases where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division is repugnant to the purposes of the exclusionary rule and contrary to the decisions of the United States Supreme Court in Arizona v. Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
(4) In any case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division, evidence found pursuant to such an arrest shall not be suppressed by application of the exclusionary rule on the grounds that the arrest is subsequently determined to be unlawful due to erroneous information obtained from the division.
History.s. 1, ch. 2002-215; s. 25, ch. 2011-66.

F.S. 322.202 on Google Scholar

F.S. 322.202 on Casetext

Amendments to 322.202


Arrestable Offenses / Crimes under Fla. Stat. 322.202
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.202.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MOORE, v. STATE, 123 So. 3d 672 (Fla. Dist. Ct. App. 2013)

. . . See ยง 322.202(1). . . . section was originally designated by the legislature as section 90.959, but was re-designated as section 322.202 . . . Redesignation as section 322.202 apparently came following the Florida Bar's successful objection to . . .

CARD, v. STATE, 927 So. 2d 200 (Fla. Dist. Ct. App. 2006)

. . . Section 322.202(1), Florida Statutes (2004), entitled "Admission of evidence obtained from the Division . . .