Violation of Probation
On April 21, 2016, the Florida Supreme Court granted review of the Second District Court of Appeals decision in Queior v. State , 157 So.3d 370 (Fla. 2DCA 2015) on the issue of whether a Probation Officer’s testimony that a probationer has failed a drug test administered by the Probation Officer is competent, non-hearsay evidence for purposes of proving a violation of probation . In Queior , the State sought to revoke the defendant’s probation of the basis of a positive drug test. At the hearing on the violation of probation , the State offered testimony from the defendant’s probation officer that they personally administered the drug test and that the test read positive. The defense objected to the testimony claiming that the State had failed to lay the proper predicate to establish the reliability of the field drug test. The trial ...