The Whiteley rule, also known as the fellow-officer rule, is a principle in criminal procedure that permits a law enforcement officer to conduct a lawful investigative stop or arrest without personal knowledge of reasonable suspicion or probable cause. This is permissible as long as the officer is acting based on the information provided by another officer and the overall knowledge of the law enforcement agency.
The fellow-officer rule, also known as the Whiteley rule, is a principle in criminal procedure that validates an investigative stop or arrest even if the law enforcement officer lacks personal knowledge to establish reasonable suspicion or probable cause. This rule allows an officer to rely on the knowledge of another officer and the collective knowledge of the law enforcement office. For example, if Officer A receives a tip from a reliable informant about a suspect carrying drugs in their car and relays this information to Officer B, Officer B can then stop the suspect’s car and find drugs in it. Despite Officer B not having personal knowledge to establish probable cause, the stop and subsequent arrest are considered valid under the fellow-officer rule because Officer B was acting on the knowledge of Officer A and the collective knowledge of the law enforcement office. The fellow-officer rule is crucial in facilitating collaboration among law enforcement officers and the sharing of information to make arrests and protect the public. However, it is equally important to ensure that the shared information is reliable and accurate to prevent wrongful arrests and violations of individuals’ rights.
The Fellow-Officer Rule is a legal doctrine that allows evidence obtained by one police officer to be used in court, even if the search or seizure was conducted by another officer.
The Fellow-Officer Rule applies when one officer has probable cause to conduct a search or seizure, and another officer acts on that information.
No, the Fellow-Officer Rule is considered to be in line with the Fourth Amendment, as it allows for the efficient sharing of information and resources among law enforcement officers.
Yes, evidence obtained through the Fellow-Officer Rule can be challenged in court if there is evidence of misconduct or a violation of the defendant’s rights.
The Fellow-Officer Rule does have limitations, such as the requirement that the officers involved must be working together as part of the same law enforcement agency.
The Fellow-Officer Rule is most commonly used in criminal cases, but it can also apply in civil cases where law enforcement actions are at issue.
If one officer acts on information from another officer without probable cause, the evidence obtained may be deemed inadmissible in court.
No, the Fellow-Officer Rule cannot be used to justify illegal searches or seizures. It only applies when there is probable cause for the search or seizure.
The Fellow-Officer Rule can impact the rights of the accused by allowing evidence obtained by one officer to be used against them, even if that officer did not personally conduct the search or seizure.
There have been ongoing discussions and legal challenges related to the application of the Fellow-Officer Rule, particularly in cases involving issues of police misconduct and civil rights violations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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