Florida Statute 322.202 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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 Citing Statute 322.202

Total Results: 2

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-18T00:00:00-07:00

Citation: 123 So. 3d 672, 2013 WL 5663194, 2013 Fla. App. LEXIS 16643

Snippet: DHSMV] are not law enforcement agencies.” See § 322.202(1).3 We note that the statutory amendment does …section 90.959, but was re-designated as section 322.202 prior to codification. See ch. 2002-215, § 1; Table…pdf/ 2002s0196.ju.pdf. Redesignation as section 322.202 apparently came following the Florida Bar'

Card v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-28T00:53:00-07:00

Citation: 927 So. 2d 200

Snippet: , and 90.803(8) (public records). [4] Section 322.202(1), Florida Statutes (2004), entitled "Admission