Florida/Georgia Personal Injury & Workers Compensation

...t, which court can only punish offenses against municipal ordinances. Section 34, Article V of the Constitution. Section 901.02 deals with “when warrant of arrest to be issued;” Section 901.03 prescribes the form and contents of the warrant, and Section 901.04 provides that the warrant shall be directed “to all and singular the sheriffs and constables of the State of Florida,” and shall be executed by officers of the class named....

...Shelby, 97 So.2d 631, 632 (Fla. 1st DCA 1957)). The issue in this case is whether warrants must be delivered to the proper executive officer for execution in order for the revocation process to be considered "set in motion." The State argues that sections 901.02 and 901.04, Florida Statutes (1991), [1] establish that a judicial signature on a warrant is all that is required for the warrant to be issued, thereby setting the revocation process in motion....

...NOTES [1] Section 901.02, Florida Statutes (1991), provides: A warrant may be issued for the arrest of the person complained against if the magistrate, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within his jurisdiction. Section 901.04, Florida Statutes (1991), provides: Warrants shall be directed to all sheriffs of the state....

of litigation); Charles W. Ehrhardt, Evidence, § 901.4, at 1057 (2011 ed.) (explaining that section 92

...However, the charges were severed, and the trial relevant to this appeal involved only the escape charge. [2] As defendant points out, even if the Lauderhill Police Department had obtained an arrest warrant for the defendant, they would have lacked authority to execute the warrant, because section 901.04, Florida Statutes (2005), directs that the warrant be executed only by the sheriff of the county in which the arrest is to be made unless the arrest is made in fresh pursuit....

...pecific county pursuant to an arrest on one or more charges need not be given credit for time served in that county on charges in another county when the second county has only lodged a detainer against the defendant. Id. at 505 (emphasis supplied). Section 901.04, Florida Statutes, provides for the direction and execution of a warrant: Warrants shall be directed to all sheriffs of the state....

...y come to their hands to be executed in their counties. Section 30.15 (1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state that is executed in their counties. 4 Section 901.04 , F.S., requires that arrest warrants be directed to all sheriffs of the state and directs that "[a] warrant shall be executed only by the sheriff of the county in which the arrest is made ....

...9 Therefore, it is my opinion that a mutual aid agreement between the sheriff and a municipal police department cannot vest the police department or its officers with the exclusive authority of the sheriff to execute process pursuant to s. 30.15 , F.S., or s. 901.04 , F.S....

fact of authorship. 11 Moore’s Federal Practice § 901.04 (1976 & 1985). As he points out, this formulation

...l process of the courts of this state which is executed in their counties. No provision of general law authorizes or requires a municipal police officer to execute or serve arrest warrants or any other criminal process which is issued by the courts. Section 901.04 , F.S., requires that arrest warrants be directed to all sheriffs of the state and states specifically that "[a] warrant shall be executed only by the sheriff of the county in which the arrest is made ....

...Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944). See also, Weinberger v. Board of Public Instruction, 112 So. 253 , 256 (Fla. 1927); In re Advisory Opinion of the Governor Civil Rights, 306 So.2d 520 , 523 (Fla. 1975). Therefore, as ss 30.15 (1) and 901.04 , F.S., read together direct that arrest warrants or any other criminal process issued by the state courts shall be executed or served only by the sheriff or his deputies, such service by a municipal police officer is not only unauthorized but is prohibited....

...xecute or serve any criminal process issued by the state's courts. As discussed above, s 30.15 (1), F.S., imposes on the sheriff (either in person or by his deputies), the duty to execute the criminal process of the state courts and ss 30.15 (1) and 901.04 , F.S., when read together, direct that arrest warrants or any other criminal process issued by the state courts be executed or served only by the sheriff or his deputies....

...to placement of detainer). While a Hillsborough county judge informed Mr. Robertson on June 25, 2011, of the existence of an Orange County arrest warrant for the affidavit of violation of probation, a judge lacks authority to execute a warrant. See § 901.04, Fla....

W. Ehrhardt, 1 West’s Fla. Practice Series, section 901.4 (2021 ed.) (“However, a lay witness may not

...ocess, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day. Section 901.10, Florida Statutes provides: How summons served. — A summons shall be served in the same manner as a summons in a civil action. Section 901.04, Florida Statutes provides: Direction and execution of warrant.— Warrants shall be directed to all sheriffs of the state....

committed an offense within his jurisdiction. Section 901.04, Florida Statutes (1991), provides: Warrants