Florida/Georgia Personal Injury & Workers Compensation

...e before the magistrate issuing it, “or some other court having jurisdiction of the offense.” Section 993.07 F. S. 1941. The Circuit Judge, in his opinion, lays emphasis on the *356 last clause of this Section 933.07, above quoted, and also upon Section 901.01, F....

...1941, which makes all judicial officers conservators of the peace and committing magistrates, with power to issue warrants and commit offenders to jail or recognize them to appeal before “the proper court,” or discharge them from custody, according to the circumstances of the case. But this Section 901.01 begins with the words: “All judicial officers of the State shall be conservators of the peace and committing magistrates, and may issue warrants against persons charged on oath with violating the criminal laws of the State, and may commit offenders to jail or recognize them to appear before the proper court, at the next ensuing term thereof to answer the charge.” (Italics supplied). So this language in said Section 901.01 limits the authority of judicial officers to issue warrants and commit to jail, or to recognize to appear before the proper court, to proceedings against persons charged on oath with “violating the criminal laws of the State.” Agai...

...agisterial powers, and may conduct preliminary hearings and issue warrants for offenses even though the offense be one which the circuit courts are without jurisdiction to try and which are only triable before courts of inferior jurisdiction; citing Section 901.01....

(quoting Charles W. Ehrhardt, Florida Evidence § 901.1, at 570-71 (2d ed.1984)). There was prima facie

of relevancy."); C. Ehrhardt, Florida Evidence § 901.1, at 570 (2d ed. 1984) (authentication is a "specific

jury. See Charles W. Ehrhardt, Florida Evidence § 901.1, at 1092-93 (2013 ed.). Here, the trial court ruled

...his state as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the Gambling Laws of this state." (Emphasis supplied.) A Justice of the Peace is a constitutional judicial officer. Under F.S. Section 901.01, F.S.A....

...310, 311, the late Chief Justice Fred H. Davis issued a writ of habeas corpus returnable before himself as a Committing Magistrate to determine the probable cause for detention of Mrs. Jan I. Fortune. He quoted Section 8318, C.G.L., section 6024, R.G.S., which is now F.S. Section 901.01, F.S.A., and also Section 5, Article V, of the State Constitution, F.S.A....

...answer the charge in the complaint, or may discharge himthe defendant from custody or from any undertaking to appear. The magistrate may authorize the clerk to issue a summons. Committee Notes 1968 Adoption. This is substantially the same as part of section 901.01, Florida Statutes....

...This requirement is consistent with Florida requirements for pre-trial proceedings. Florida Statutes §§ 901.06 and 901.23, F.S.A. require that a person *43 arrested with or without a warrant be presented to a magistrate "without unnecessary delay." The Court takes judicial notice of Florida Statute § 901.01, F.S.A....

...swer the charge in the complaint, or may discharge the defendant from custody or from any undertaking to appear. The magistratejudge may authorize the clerk to issue a summons. Committee Notes 1968 Adoption. This is substantially the same as part of section 901.01, Florida Statutes....

(citing Charles W. Ehrhardt, Florida Evidence, § 901.1, at 1092-93 (2013 ed.))). This evidence was clearly

124, 126 (Fla. 1990); Erhardt, Florida Evidence § 901.1 (2d ed. 1984). The finding of authenticity does

...However, all of this does not mean that peace bond proceedings are no longer authorized in Florida. Section 19 of said revised Art. V says: SECTION 19. Judicial officers as conservators of the peace. — All judicial officers in this state shall be conservators of the peace. And § 901.01, F.S., provides in pertinent part that: Each state judicial officer including all judges of courts created by home rule charter counties which have five or less justices of the peace, is a conservator of the peace and a committing magistrat...

...mit offenders to jail and recognize them to appear to answer the charge. He may require sureties of the peace when the peace has been substantially threatened or disturbed... . (Emphasis supplied.) The words "state judicial officer," as used in said § 901.01, exclude a municipal judge and include a circuit judge and a judge of a county court....

Fla.Stat. (1989); C. Ehrhardt, Florida Evidence § 901.1, at 570-71 (2d ed. 1984) (the trial judge “only

...NOTES [1] We recognize that this language is inconsistent with the provisions of the form authorized by section 741.30(3)(b), but it appears that legislative intent is better reflected in its statutory language than in its forms. [2] But see the alternative basis for possible relief contained in section 901.01 Florida Statutes as discussed in Oliver v....

Charles W. Ehrhardt, et al., 1 Fla. Prac., Evidence § 901.1 (2024 ed.). Our Court has required the State to

...AS TO QUESTION 1: Section 901.15 (5), F. S., provides that a `peace officer' may make an arrest without a warrant when a violation of Ch. 316, F. S., the Uniform Traffic Control Law, has been committed in his presence. Such arrests may be made immediately or upon fresh pursuit. Section 901.01 , F....

records. See Charles W. Ehrhardt, Florida Evidence, § 901.1, at 1288-89 (2019 ed.) (explaining that authentication

...on the Duval County charges. Furthermore, the hearing held before Judge Tinlin also met this factor. Judicial officers of this state are conservators of the peace with actual authority to effectuate arrests. See Fla. Const, art. V, § 19; Fla. Stat. § 901.01 (“[e]ach state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge”)....

of a document. See Ehrhardt, Florida Evidence § 901.1 (1996 ed.). No one here seriously disputes the

...er results showed she was under the legal limit. Because judicial officers are conservators of the peace under the Florida Constitution, judges have the authority to hold a person in custody or to arrest a person. See Fla. Const. Art. 5, *734 § 19; § 901.01, Fla....

(citing Charles W. Ehrhardt, Florida Evidence § 901.1, at 1092-93 (2013 ed.)). On appeal, we review a

...ion of a municipal ordinance may be arrested, but only in compliance with Chapter 901 , Florida Statutes. This chapter addresses the arrest of individuals and, among other things, prescribes circumstances in which a warrantless arrest may be made. 6 Section 901.01 , Florida Statutes, recognizes that "[e]ach state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge." No...

evidence is genuine. C. Ehrhardt, Florida Evidence § 901.1 (2016 ed.). That Evans is not an authentication