CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1998 WL 27562
...misdemeanor ... in the presence of the officer." If the officer did not observe the misdemeanor, then section
901.15 in general does not authorize the officer to make a warrantless arrest. [3] The cases relied on by defendants do not cite or discuss section
856.031, Florida Statutes, which states: *679
856.031 Arrest without warrant....
...one would probably enable such suspected loiterer or prowler to escape arrest. Here, the defendants were apprehended at roadside, and assuredly would have escaped if the officers had left to obtain a warrant. The warrantless arrest was authorized by section 856.031....
...State,
572 So.2d 21 (Fla. 4th DCA 1990); and Springfield v. State,
481 So.2d 975, 977 (Fla. 4th DCA 1986). [3] There are exceptions, see, e.g., id. §
901.15(5),(6), and (7), which do not apply here. [4] Because the decided cases so frequently overlook section
856.031, the legislature should, at the least, cross reference it in section
901.15, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 7968, 2007 WL 1485768
...543 (1925)). The State argues that the court did not abuse its discretion when it denied the motion to suppress because based on Ma-ciekowich’s and Uflrin’s testimony, it was clear that Ufkin had sufficient probable cause to arrest appellant. Further, section 856.031, Florida Statutes, provides: Any sheriff, police officer, or other law enforcement officer may arrest any suspected loiterer or prowler without a warrant in case delay in procuring one would probably enable such suspected loiterer or prowler to escape arrest. § 856.031, Fla. Stat. (2005). The warrant-less arrest was authorized by section 856.031 because appellant would have fled if the officer left to obtain a warrant....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 16, 2024
...the Court 23-10578
Florida Statute §
901.15(1) permits warrantless arrests for
misdemeanors “in the presence of [an] officer,” with certain excep-
tions inapplicable to this case. However, §
856.031 also explains
that an officer “may arrest any suspected loiterer or prowler with-
out a warrant in case delay in procuring one would probably enable
[the suspect] to escape arrest,” which seemingly excepts the prowl-
ing statute from the §
901.15 presence requirement....
