Legal Definitions - Whiteley rule

The Whiteley rule, also known as the Fellow-Officer Rule, is a legal principle that allows law enforcement officers to rely on information provided by other officers to establish probable cause for an arrest or a search. This means that if one officer possesses sufficient probable cause, that knowledge can be imputed to other officers within the same law enforcement agency, enabling them to act on that information even if they did not personally observe the facts establishing probable cause.

The rationale behind this rule is that police departments operate as a collective entity, and requiring every officer involved in an action to personally possess all the underlying probable cause would be impractical and hinder effective policing. As long as the officer who originally possessed the information had a lawful basis for their belief, other officers can legally proceed based on that shared knowledge.

Here are some examples illustrating the Whiteley rule:

• Example 1: Broadcasted Description for Arrest

  Officer Ramirez witnesses a suspect commit a theft and flee the scene in a distinct blue car. She immediately broadcasts a description of the car, its license plate number, and the suspect's appearance over the police radio. Officer Chen, patrolling a few miles away, hears the broadcast, spots a vehicle matching the description, and pulls it over. Officer Chen then arrests the driver.

  How it illustrates the rule: Officer Chen did not personally witness the theft, so she didn't have direct probable cause for the arrest. However, under the Whiteley rule, she could lawfully rely on the probable cause established by Officer Ramirez, which was communicated through official channels. The collective knowledge of the police force allowed Officer Chen to make a valid arrest.

• Example 2: Shared Information for a Search Warrant

  Detective Anya spends weeks investigating a suspected drug manufacturing operation and gathers substantial evidence, including surveillance footage and informant tips, establishing probable cause to search a particular warehouse. Before she can draft the search warrant, she falls ill. She briefs Detective Ben on all the evidence she collected. Detective Ben then uses Anya's detailed notes and evidence to draft the warrant application, presents it to a judge, and subsequently executes the search warrant on the warehouse.

  How it illustrates the rule: Detective Ben did not personally conduct the weeks of investigation or gather all the evidence. However, because Detective Anya had established probable cause through her investigation, Detective Ben was legally entitled to rely on that collective knowledge to obtain and execute the search warrant. The probable cause was shared within the department.

• Example 3: Backup Officer During a Traffic Stop

  State Trooper Miller pulls over a vehicle for reckless driving. During the stop, Trooper Miller observes several indicators of intoxication, such as slurred speech and the smell of alcohol, establishing probable cause to conduct field sobriety tests and potentially arrest the driver for DUI. Trooper Miller calls for backup. Officer Davis arrives to assist. Officer Davis, relying on Trooper Miller's observations and probable cause, helps administer the sobriety tests and assists in the subsequent arrest of the driver.

  How it illustrates the rule: Officer Davis did not personally make the initial observations that established probable cause for the DUI arrest. However, because Trooper Miller had valid probable cause, Officer Davis could lawfully act on that shared information to assist in the investigation and arrest. The Whiteley rule allows for efficient and coordinated law enforcement actions.