Arrestable Offenses / Crimes under Fla. Stat. 901.15
CopyCited 1232 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 3438, 2002 WL 340670
...rraro had probable cause to believe that it was
17
Under both Atwater and Florida law, therefore, a full custodial arrest is
allowed when a misdemeanor has been committed. See Fla. Stat. Ann. § 901.15(1)
(“A law enforcement officer may arrest a person without a warrant when ....
CopyCited 260 times | Published | Supreme Court of Florida | 1993 WL 406370
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
...While not involved in the instant case, the third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15 Fla....
CopyCited 233 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 20178, 1991 WL 154276
...ny or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit. Fla.Stat., § 901.15(1) (1985)....
CopyCited 207 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 11353, 2011 WL 2162997
...misdemeanor of the first degree, punishable as provided in
775.082 or
775.083.”
14
officers, and they were thus authorized to make an arrest without a warrant,
immediately or in fresh pursuit. Fla. Stat. Ann. §
901.15 & (1) (“A law
enforcement officer may arrest a person without a warrant when [t]he person has
committed a felony or misdemeanor or violated a municipal or county ordinance in
the presence of the officer....
...Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. §
843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest. See Fla. Stat. Ann. §
901.15 & (1).
Deputies Lutz and Brandau were thus faced with a very unusual scenario and
had only a moment to decide what to do....
CopyCited 182 times | Published | Supreme Court of Florida
...Apparently, from the testimony produced at the hearing the narcotic drug was in plain view in appellant's automobile and the officers conducting the search recognized it to be contraband. With this evidence in hand there existed probable cause for arrest of appellant pursuant to Section 901.15, Florida Statutes....
CopyCited 174 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 24048, 2003 WL 22799497
...§
316.130, we need not consider whether these other
statutes provided additional bases for probable cause.
14
a person without a warrant if “[a] violation of chapter 316 has been committed in
the presence of the officer.” Fla. Stat. §
901.15(5)....
...controlling Supreme Court precedent to effectuate a full custodial arrest.” Ferraro,
284 F.3d at 1196. Indeed, under Florida law, like under federal law, a full
custodial arrest is allowed even when the offense is only a misdemeanor. See Fla.
Stat. §
901.15(1) (“A law enforcement officer may arrest a person without a
warrant when ....
CopyCited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381
...es and traffic violations. Atwater v.
City of Lago Vista,
532 U.S. 318, 354,
121 S. Ct. 1536, 1557 (2001). “[U]nder Florida law, like
under federal law, a full custodial arrest is allowed even when the offense is only a misdemeanor.
See Fla. Stat. §
901.15(1) (‘A law enforcement officer may arrest a person without a warrant
when ....
CopyCited 113 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 28948
...w 5 Building code violations are misdemeanors under local law. South Fl. Building Code §§ 3101.5, 205. City police officers can make warrantless arrests for misdemeanors or for violations of local law committed in the officer's presence. Fla.Stat. § 901.15; Municipal Ordinance 1-6.1 6 Plaintiffs alleged that Sellers-Sampson acted "intentionally, willfully, [and] maliciously" in arresting Post....
CopyCited 106 times | Published | Supreme Court of Florida
...h for the money took place subsequent to petitioner's arrest. The district court of appeal held that because the police officers had reasonable grounds to believe that petitioner had committed a felony, his arrest without a warrant was authorized by § 901.15, Florida Statutes, F.S.A., and thus valid. Said holding of the district court of appeal might have been a correct interpretation of § 901.15 if the officers had found petitioner out on the commons and were attempting to arrest him....
CopyCited 92 times | Published | Court of Appeals for the Eleventh Circuit
...Fourth Amendment because it was not done in accord with state law. *1276 With an exception or two not relevant here, Florida law authorizes warrantless arrests for misdemeanors only if they are committed in the officer’s presence. Fla. Stat. Ann. § 901.15 (1)....
CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 22233, 1990 WL 194407
...in fresh pursuit. (2) A felony has been committed and he reasonably believes that the person committed it. (3) He reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it. § 901.15(1) — (3), Fla.Stat....
CopyCited 66 times | Published | Supreme Court of Florida | 2003 WL 21283161
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
...Mere suspicion is not enough to support a stop. ... [T]he third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15 Fla....
CopyCited 51 times | Published | Supreme Court of Florida | 1993 WL 1330
...Therefore, we find that the penalty imposed by the Orlando ordinance is in conflict with state law. In answering the specific question of whether the city may "arrest" a person for violating a bicycle bell ordinance, it is appropriate to define what is meant by "arrest." Section 901.15(1), Florida Statutes (1989), provides that "[a] law enforcement officer may arrest a person without a warrant when ......
...As Judge Harris noted in the court below, the term "arrest" as it relates to *471 violation of a municipal ordinance can be construed as meaning "to detain for the purpose of issuing a ticket, a summons or a notice to appear." Thomas,
583 So.2d at 346 (Harris, J., dissenting). Therefore, "arrest" as it is used in section
901.15(1) does not necessarily mean a full custodial arrest and incident search....
...by adversely impacting the fundamental rights and freedoms of its citizens. Id. at 33. We hold that when a person is charged with violating a municipal ordinance regulating conduct that is noncriminal in nature, such as in the traffic control area, section 901.15(1) only permits a person to be detained for the limited purpose of issuing a ticket, summons, or notice to appear....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 255327, 2012 U.S. App. LEXIS 1689
...Thus, it cannot be said that, as he ran alongside Zylstra’s vehicle,
Smith somehow had a legal duty to retreat from his position or abandon his efforts
and simply watch Zylstra drive off. Officer Smith had the legal right to arrest a
fleeing felon who had committed a felonious act directly in his presence. See id. §
901.15(1) (“A law enforcement officer may arrest a person without a warrant when
....
CopyCited 46 times | Published | Supreme Court of Florida
...As to the second question raised on appeal, it is settled that a peace officer may arrest without warrant when he has reasonable grounds to believe and does believe that a felony has been or is about to be committed in his presence and that the person to be arrested has committed, or *294 is the one committing, it. Section 901.15, Florida Statutes 1951, F.S.A.; Longo v....
CopyCited 46 times | Published | Supreme Court of Florida
...able cause for the arrest of respondent. In Florida, a law enforcement officer has the power to arrest without a warrant when he has reasonable grounds to believe that a felony has been committed and that the person arrested committed it. Fla. Stat. § 901.15(3) (1965), F.S.A....
CopyCited 36 times | Published | Supreme Court of Florida
...t to an arrest, the arrest was valid under the applicable statutes, making the search valid. We shall review both of these conclusions, beginning with the second. Arrests without warrant are permissible under certain circumstances enumerated in F.S. Section 901.15, F.S.A....
...an escape or destruction of evidence is being attempted." Benefield v. State, supra,
160 So.2d at 710. In the instant case the District Court properly concluded the arresting officer had probable cause to arrest Petitioner without warrant under F.S. Section
901.15 (3), F.S.A....
CopyCited 35 times | Published | Supreme Court of Florida | 152 Fla. 649, 1943 Fla. LEXIS 998
...officers as to the charges under *658 which he was arrested and held: neither was he advised as to the effect and purpose of incriminating statements made, if any, and constitutional rights to him vouchsafed were totally disregarded by the officers. Section 901.15 Fla....
...The officers had a description of the assailant. The appellant answered the description. The arresting officers, from the description of the appellant, had reasonable grounds to believe that the appellant had assaulted the women in Apartment No. 10. Sub-section 901.15, Fla....
CopyCited 32 times | Published | Florida 1st District Court of Appeal
...s of this state and the rules and regulations of the board of conservation under their jurisdiction. F.S. § 370.02(7), F.S.A. In Florida a police officer may arrest without a warrant when there is a misdemeanor being committed in his presence. F.S. § 901.15, F.S.A....
CopyCited 30 times | Published | Florida 2nd District Court of Appeal
...to believe that the person to be arrested has committed it; (3) when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it. Section 901.15, Fla....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal | 1996 WL 577399
...reater evidentiary showing in order to be reasonable, to wit, probable cause to believe that the person arrested has committed a crime. E.g., Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); Simons,
549 So.2d at 786; see also §
901.15, Fla....
CopyCited 27 times | Published | Supreme Court of Florida
...314,
418 F.2d 1150 (1969); United States v. Sterling,
369 F.2d 799 (3d Cir.1966). Accord, Commonwealth v. Cosby, 335 A.2d 531 (Pa.Super. 1975); Krauss v. Superior Court, 5 Cal.3d 418, 96 Cal. Rptr. 455, 487 P.2d 1023 (1971). [8] Terry v. Ohio , fn. 6 above. [9] Section
901.15(3), Fla....
CopyCited 27 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1707
...First, it is well recognized that a reasonable search and seizure may be made incident to a lawful arrest. Italiano v. State,
141 Fla. 249,
193 So. 48; Occinto v. United States, 8 Cir.,
54 F.2d 351; see Whitcombe v. United States, 3 Cir.,
90 F.2d 290; Brown v. State, Fla.,
46 So.2d 479. Section
901.15 (1), Florida Statutes 1941, F.S.A., provides that a peace officer may arrest without a warrant "When the person to be arrested has committed a felony or misdemeanor in his presence." Subsec....
CopyCited 26 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 425, 2010 Fla. LEXIS 1115, 2010 WL 2680254
...Popple,
626 So.2d at 186. The second level is an "investigatory stop," during which an officer "may reasonably detain a citizen temporarily if the officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id. (citing §
901.151, Fla....
...The third level of police-citizen encounter is an arrest, which requires probable cause on the part of the officer that a crime has been, is being, or is about to be committed. See id. (citing Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15, Fla....
...to inform a suspect of his right to appointed counsel but then deny his request for an attorney). [11] It is established law that an officer may not conduct a frisk without reasonable suspicion that the suspect is armed with a dangerous weapon. See § 901.151(5), Fla....
...icle, but neither objects nor consents to being searched. Obviously, if a citizen voluntarily accepts a ride in a police vehicle but does object to being frisked, the search would be illegal absent reasonable suspicion that the suspect is armed. See § 901.151(5), Fla....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...by. Where the windows abut on a way open to the public, however, such an expectation is not reasonable. If the occupants do not wish to be observed, they may draw their blinds or close the curtains. Ponce v. Craven, 9 Cir.1969,
409 F.2d 621. [2] See Section
901.15, Florida Statutes, F.S.A....
CopyCited 24 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 910
...ded by statute that a peace officer may arrest without warrant "When he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it." Section 901.15, Florida Statutes, 1941, F.S.A....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...First, section 2 amends section 62-82(1) of the Pinellas County Code to provide: Violations of this division shall be punishable and its requirements enforced as provided under Sec. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statutes, §
901.15 and prosecution pursuant to Florida Statutes, §
125.69....
...c. 62-82 Penalties for violation of this Division. 1. Violations of this division shall be punishable and its requirements enforced as provided under Sec. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statutes, §
901.15 and prosecution pursuant to Florida Statutes, §
125.69....
CopyCited 20 times | Published | Florida 4th District Court of Appeal
...[10] The order denying the motion to suppress is REVERSED. DOWNEY, C.J., and LETTS, J., concur. NOTES [1] Brant v. State,
349 So.2d 674 (Fla. 3d DCA 1977). [2] Mobley v. State,
335 So.2d 880 (Fla. 4th DCA 1976). [3] Wilson v. State,
324 So.2d 700 (Fla. 4th DCA 1976). [4] §
901.15(2), Fla. Stat. (1975); Whitley v. State,
349 So.2d 840 (Fla. 2d DCA 1977). [5] §
901.15(2), Fla. Stat. (1975); Baker v. State,
316 So.2d 657 (Fla. 1st DCA 1975). [6] §
901.15(6), Fla. Stat. (1975); Whitley v. State, supra ; Bennett v. State,
344 So.2d 315 (Fla. 1st DCA 1977). [7] §
901.15(5), Fla....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal
...State,
223 So.2d 68, 74-75 (Fla.2d DCA 1968) (specially concurring opinion), cert. denied,
399 U.S. 927,
90 S.Ct. 2242,
26 L.Ed.2d 794 (1970). I therefore find it necessary to reach the defendant's alternative point on appeal. It claims error in the trial court's denial of his requested jury instruction on the provisions of Section
901.15, Florida Statutes (1977), which outlines the circumstances under which an arrest may lawfully be made without a warrant, as was the purported arrest involved here....
CopyCited 20 times | Published | Florida 5th District Court of Appeal
...erally held to bar recovery on the other when both relate to the same factual event. See 52 Am.Jur.2d Malicious Prosecution, § 3 (1970); Restatement (Second) of Torts § 35 (1977), comment on subsection (1); § 37, comment b; and § 654, comment e. Section 901.15, Florida Statutes (1979), authorizes a peace officer to arrest without a warrant when he has probable cause to believe that a felony has been committed and that the person arrested has committed it....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1014
...4th DCA 1982); Hield v. State,
201 So.2d 235 (Fla. 4th DCA 1967) (Andrews, J., specially concurring); State v. Hargis,
328 So.2d 479 (Fla. 1st DCA 1976) (Rawls, Acting C.J., dissenting). [2] The authority of the officers to arrest Gasset is provided by section
901.15, Florida Statutes (1983), which states: When arrest by officer without warrant is lawful....
CopyCited 19 times | Published | Florida 3rd District Court of Appeal
...4th DCA 1980). A law enforcement officer has probable cause to arrest if he has reasonable grounds to believe that the person has committed a felony. Shriner v. State,
386 So.2d 525 (Fla. 1980), cert. denied,
449 U.S. 1103,
101 S.Ct. 899,
66 L.Ed.2d 829 (1981); section
901.15(3), Florida Statutes (1981)....
CopyCited 19 times | Published | Florida 5th District Court of Appeal | 1992 WL 156909
...his issue at this time. It was not asserted in appellees' motion to dismiss nor is there any suggestion in the record it was considered by the trial court. It was not raised by appellees on appeal except in aid of the qualified immunity defense. See § 901.15(1), Fla....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 923
...of the circumstantial facts upon which conviction must be based. Lemus v. State,
158 So.2d 143 (Fla. 2d DCA 1963). All an officer needs in order to make an arrest is probable cause to believe that the suspect is committing or has committed a crime. §
901.15, Fla....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...By the clear wording of the statute, the right of an officer to enter a building to make an arrest is limited to two situations: (1) where he holds an arrest warrant, regardless of the classification of the offense, and (2) where he has the power under section 901.15, Florida Statutes (1979) to make a warrantless arrest for a felony....
CopyCited 17 times | Published | Supreme Court of Florida | 2004 WL 2534352
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
...While not involved in the instant case, the third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15 Fla.Stat....
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...Allowing an unauthorized person to operate a motor vehicle upon a public street or highway is made a misdemeanor by F.S. 1967, Section
322.36, F.S.A. But without a warrant, Deputy Bowling could lawfully arrest Kirby for a misdemeanor only if it was committed in the officer's presence. F.S. 1967, Section
901.15, F.S.A....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2001 WL 957388
...When I grabbed a hold of him or went through the screen, I went past the point of no return, and I had to go on in because the majority of my body was inside. I couldn't back out. If I had been halfway through, I would have been out instead of in. [2] The provisions of section 901.15(7) which allow a law enforcement officer to arrest a person for an act of domestic violence without a warrant do not permit the forcible entry into the person's home to effectuate the arrest based on a misdemeanor offense....
...the clear wording of the statute, the right of an officer to enter a building to make an arrest is limited to two situations: (1) where he holds an arrest warrant, regardless of the classification of the offense, and (2) where he has the power under section 901.15, Florida Statutes (1979) to make a warrantless arrest for a felony....
...2d DCA 1974) ("An officer is not authorized to break open a door in a private dwelling in order to make an arrest without a warrant for a misdemeanor."); see also Benefield v. State,
160 So.2d 706 (Fla. 1964). We note with interest that the 1979 version of section
901.15 under consideration in Johnson specifically provided that an officer could arrest a person without a warrant if probable cause existed to believe a battery on the person's spouse had been committed, battery being a first-degree misdemeanor. See §§
784.03(2),
901.15, Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1686
...563,
23 So.2d 727; Atkinson v. Powledge,
123 Fla. 389,
167 So. 4; King v. State,
17 Fla. 183. Since the offense charged was obviously committed, if at all, in the presence of an officer who participated in the arrest, no warrant was necessary under section
901.15, Florida Statutes 1951, F.S.A., and the contention that the trial court erred in failing to suppress evidence upon a motion based upon the ground of illegal arrest is accordingly without merit....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...that the person to be arrested has committed it, or 3. when the officer has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it. Section 901.15, Florida Statutes....
CopyCited 16 times | Published | Supreme Court of Florida
...Rabinowitz,
339 U.S. 56,
70 S.Ct. 430,
94 L.Ed. 653 (1950); Odom v. United States,
403 F.2d 45 (C.C.A. 5th 1968). This Court thus held that Chapter 901, Florida statutes, F.S.A., lays down the only requirements for a valid arrest without a warrant. *781 Section
901.15, Florida Statutes, F.S.A., provides, "When arrest by officer without warrant is lawful....
...These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.' Brinegar v. United States,
338 U.S. 160, 175,
69 S.Ct. 1302, 1310,
93 L.Ed. 1879 (1949)." Section
901.15, Florida Statutes, F.S.A., does not say that the arrest thereby authorized cannot be made in the arrested person's *782 home in the nighttime without a warrant if the officer had opportunity to obtain a warrant....
...had ample time to obtain an arrest warrant and erred in qualifying the language of the statute to exclude arrests in dwelling houses in the nighttime. There is no such exception set out in the statute. The arrest of respondent was lawful pursuant to Section 901.15(3), Florida Statute, F.S.A....
CopyCited 16 times | Published | Supreme Court of Florida
...[2] Herring v. State,
121 So.2d 807 (Fla.App.3d 1960); Collins v. State,
65 So.2d 61 (Fla. 1953); Godbee v. State,
224 So.2d 441 (Fla. App.2d 1969); Richardson v. State, supra . [3] Kraemer v. State, supra ; Richardson v. State, supra . [4] Fla. Stat. §
901.15, Russell v....
...307 (1939); Wong Sun v. United States,
371 U.S. 471,
83 S.Ct. 407,
9 L.Ed.2d 441 (1963); French v. State,
198 So.2d 668 (Fla.App.3d 1967). See Pitler, "The Fruit of The Poisonous Tree" Revisited and Shepardized, 56 Cal. L.Rev. 579 (1968). [8] Fla. Stat. §
901.15.
CopyCited 16 times | Published | Supreme Court of Florida
...ch communication to the arresting Officer of such hearsay statements of such undisclosed third person or persons constitute reasonable ground justifying such Officer, to arrest without a Warrant of any kind under the power granted a Peace Officer in Section 901.15 Florida Statutes, 1953?" The defendants question number VIII, is as follows: "Where a Deputy Sheriff while in a dwelling being searched by other Officers, arrest a person then unknown to him who merely walks up to the front door of sai...
...does such communication to the arresting Officer of such hearsay statements by said undisclosed person or persons constitute reasonable ground justifying such Officer to arrest without a Warrant of any kind under the power granted a Peace Officer in Section 901.15 Florida Statutes, 1953?" Section 901.15, Florida Statutes 1953, F.S.A., sets out the circumstances under which a Peace Officer may arrest a person without a Warrant: (1) When the person arrested has committed a felony or misdemeanor, or violated a Municipal Ordinance....
...cFadden to the effect that there was no probable cause for the officers at the scene to believe that they had committed or were committing a *592 crime so as to justify their arrest and subsequent search without a warrant within the contemplation of Section 901.15, Florida Statutes, F.S.A....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...ording to law. The arresting agent shall notify the Domestic Violence Unit of the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...tioner within 24 hours after its entry. Each appropriate law enforcement agency shall make available to other law enforcement officers, through a system for verification, information as to the existence and status of such injunction. 16. Pursuant to section 901.15(6) and (7), an officer may arrest Respondent without a warrant for violating this injunction when the officer has probable cause to believe Respondent has: (1) knowingly committed an act in violation of this injunction which creates a...
...that there is danger of violence unless the person alleged to have committed the domestic violence is arrested without delay. This paragraph does not limit *1212 or expand the officer's arrest authority conferred by any other provision of law. (See section 901.15, Florida Statutes generally)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...See: § 810.05, Fla. Stat., F.S.A. An attempt at such is also a felony. See: § 776.04, Fla. Stat., F.S.A. A police officer may arrest without a warrant when he has reasonable grounds to believe the person to be arrested has committed the felony. See: § 901.15(3), Fla....
...evade the consequences of his evil doings. Such cannot be the law." * * * * * * Appellees contend that J.C. Nelson was but a mere boy and should not have been shot for this reason. This, of course, is no proper reason under the circumstances. First, § 901.15(3), Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...Defendant's car was towed to a garage and impounded. The investigating officer then went to the hospital and placed defendant under arrest for making an improper turn. Said arrest is not germane to this appeal since it was not a valid arrest without a warrant under § 901.15, F.S.A....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 2016, 2006 WL 197182
...presence of the private citizen.” Steiner v. State,
690 So. 2d 706, 708 (Fla. Dist.
Ct. App. 1997). Indeed, pursuant to Florida law, not even a police officer can
effectuate a warrantless arrest for a misdemeanor, if the misdemeanor was not
committed in his presence. Fla. Stat. §
901.15(1); B.D.K....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...The alleged swindling is shown by the record not to have been committed in the presence of the deputy sheriff and that act constituting a misdemeanor, petit larceny as defined by Section 811.021, Florida Statutes, F.S.A., a warrant was a necessary prerequisite to the arrest in accordance with the provisions of Section 901.15, Florida Statutes, F.S.A, in order that the arrest be lawful....
CopyCited 14 times | Published | Supreme Court of Florida
...was not intended by the legislature to invariably require proof of the technical correctness of the circumstances underlying the original arrest of the prisoner, such as the validity of any warrant or compliance with the details of statutes, such as section 901.15, Florida Statutes (1981), which permits arrests by officers without a warrant....
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...to arresting an individual suspected of killing or causing bodily harm to another (or
attempting to do so). The law is clear that we expect officers to temporarily detain
a person encountered under circumstances creating a reasonable suspicion of
criminal activity. § 901.151, Fla. Stat. (2017). Then, if there is probable cause to
believe that the person committed a felony, law enforcement is authorized to
immediately effectuate the arrest, under section 901.15, Florida Statutes (2017),
and should clearly do so when there is probable cause to believe that a person has
committed a serious crime of violence against another....
CopyCited 13 times | Published | Florida 4th District Court of Appeal
...hout a warrant was invalid. The arrest being invalid, it could not have provided according to defendant a predicate for the incidental search which yielded the objects the defendant sought to suppress. An arrest without a warrant could be made under Section 901.15(3), F.S....
...United States, 1959,
361 U.S. 98,
80 S.Ct. 168, 171,
4 L.Ed.2d 134. If a reasonable man in that position would have concluded that he had reasonable grounds to believe that the defendant had committed a felony, the arrest without a warrant was authorized by Section
901.15(3), F.S....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...n isolation, but by a conclusion as to what a reasonable man, knowing all the facts which the officers knew from their prior investigation, would have believed under all the circumstances. Rogers v. State, 1947,
158 Fla. 582, 790,
30 So.2d 625. F.S. Section
901.15, F.S.A., provides in part: "A peace officer may without warrant arrest a person * * * when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested...
...950,
70 S.Ct. 479,
94 L.Ed. 586, also
340 U.S. 878,
71 S.Ct. 116,
95 L.Ed. 639. And so, even in a murder prosecution, involving evidence found in a search of a defendant's home without a warrant. Jeffcoat v. State,
103 Fla. 466,
138 So. 385. [3] Said F.S. Section
901.15 F.S.A., also provides that where the person to be arrested has committed either a felony or misdemeanor in the presence of the officer, "the arrest shall be made immediately or on fresh pursuit." (Emphasis supplied)....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1879817
...ted him for trespass. The drugs were discovered in a search incident to arrest. A law enforcement officer may not make a warrantless arrest for a misdemeanor, such as this trespass, unless every element of the crime is committed in his presence. See § 901.15(1), Fla....
CopyCited 13 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 10002
...a locked storeroom. Petitioner refused and the agents thereupon proceeded to break the lock and enter the storeroom. They removed certain bottles of liquor they suspected of being refilled in violation of 26 U.S.C. § 5301(c). [13] Florida Statutes § 901.15 (1979) authorizes a peace officer to arrest a person without a warrant when the person has committed a felony or a misdemeanor in his presence....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1991 WL 41004
...The trial court found the stop was not pretextual, that state statutes have not preempted the regulation of bicycles by a municipality, that the ordinance and its penalty were constitutional, reasonable and valid, that the defendant was validly arrested pursuant to section 901.15(1), Florida Statutes, because of a violation of the municipal ordinance, that the search was incidental to a valid arrest, and denied the motion to suppress....
...The arresting officer personally observed the defendant riding, on a street of the city, a bicycle not equipped with the required sounding device. Therefore, the finding of the trial court will not be disturbed on appeal. See Reynolds v. State,
222 So.2d 246 (Fla. 3d DCA 1969). ARREST FOR VIOLATION OF A MUNICIPAL ORDINANCE: Section
901.15(1), Florida Statutes, provides in relevant part: A law enforcement officer may arrest a person without a warrant when: (1) The person has ......
...area in Orlando when he observed Thomas riding a bicycle not equipped with a bell or gong as required by a city ordinance. Thomas was immediately stopped, placed under arrest, handcuffed and searched because of this violation under the authority of section 901.15, Florida Statutes (1989): A law enforcement officer may arrest a person when: (1) The person has committed a felony or misdemeanor or violated a municipal or *342 county ordinance in the presence of the officer ......
...ys." § 165.19, Fla. Stat. (1973). Thus prior to 1974 the state expressly granted to the municipalities the power to enact "city crimes" [3] and to punish any *343 violator with incarceration. The authority to arrest for such violation as set out in section 901.15 (which was substantially the same prior to 1974) was then fully justified....
...I urge that while officers may detain persons suspected of violating noncriminal ordinances for the purpose of issuing summons, full-scale-custodial arrests with accompanying body searches are unreasonable under the Fourth Amendment. In order to preserve the constitutionality of section 901.15(1), I would construe "arrest" as it relates to violation of municipal ordinances to mean "to detain for the purpose of issuing a ticket, a summons or a notice to appear." [13] This appears to be the general practice around the state in any event....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...A law enforcement officer may lawfully seize a person without an arrest warrant "When he has reasonable ground to believe that a felony has been * * * committed and reasonable ground to believe that the person to be arrested has committed * * it." § 901.15(3), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1184
...Tindel to believe he was driving while impaired as Tindel testified at the hearing. In other words, the credibility of that testimony is not at issue, and it was accepted by the trial judge. Cf., Dooley v. State,
501 So.2d 18 (Fla. 5th DCA 1986). Section
901.15(1), Florida Statutes (1985), authorizes an officer to arrest a person who commits a misdemeanor in his presence....
...Even in the absence of probable cause for such an arrest prior to the stop, an officer can stop a driver based upon a founded suspicion that he is driving while under the influence. Thereafter, investigation may establish probable cause for arrest. See § 901.151, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1990 WL 73930
...The LeGrands were subsequently acquitted of these charges by jury. The LeGrands then sued the Sheriff for false arrest. The Sheriff answered the complaint, later moving for summary judgment on the basis that he had probable cause to arrest the LeGrands. Probable cause is a defense in a false arrest action. See § 901.15, Fla....
...GRIFFIN, Judge, concurring specially. I concur with the result reached in this case but my reason differs from that of the majority. I begin with the belief that the proper focus for inquiry into the propriety of granting summary judgment in this case is found in the language of section 901.15(2), Florida Statutes (1987): A law enforcement officer may arrest a person without a warrant when: ......
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...thout a warrant, he may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. [2] This jury determination should be made pursuant to an appropriate instruction on section 901.15, Florida Statutes (1979).
CopyCited 12 times | Published | Supreme Court of Florida | 2003 WL 1563567
...Accordingly, although the breach of a bond condition provides the basis for revocation of the original bond, the trial court's discretion to deny a subsequent application for new bond is limited by the terms of [section
907.041]. Paul,
783 So.2d at 1051 (footnote omitted). [8] See, e.g., §
901.15(6), Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1998 WL 27562
...wling because the misdemeanor was not committed in the officers' presence. Defendants rely on such cases as Chamson v. State,
529 So.2d 1160, 1161 (Fla. 3d DCA 1988), and Carter v. State,
516 So.2d 312, 313 (Fla. 3d DCA 1987), which, on the basis of section
901.15(1), Florida Statutes, hold that an officer cannot make a warrantless arrest for the misdemeanor of loitering and prowling where the officer did not personally observe the misdemeanor offense and relied instead on a report by a citizen witness. [2] Those cases reach that result because subsection
901.15(1), Florida Statutes, authorizes the warrantless arrest of a person who "has committed a felony or 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....
...[2] Other cases relied on by defendant include K.R.R. v. State,
629 So.2d 1068, 1070 (Fla. 2d DCA 1994); T.T. v. 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....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...eve that the person to be arrested has committed it, or when the officer has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it. Section 901.15, Florida Statutes, F.S.A....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...at the defendant was the one that lived in the house and took care of the plants, the officer had probable cause to believe that the defendant was committing a felony. Consequently the officer had the right to arrest the defendant without a warrant. Section 901.15, Florida Statutes (1975)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 21800407
...er giving an appropriate signal ... in the event any other vehicle may be affected by the movement." A law enforcement officer may arrest a person without a warrant when a "violation of chapter 316 has been committed in the presence of the officer." § 901.15(5), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...quipment, and tools used for the manipulation of locks which are commonly know as lock picks. In his first point the defendant argues that his arrest was illegal in that there was no offense committed in the presence of the police officers and cites § 901.15, Florida Statutes, F.S.A., which sets out when a peace officer without a warrant may arrest....
CopyCited 11 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1040
he did as a lawful incident to the arrest. Section
901.15, Florida Statutes 1941, F.S.A., provides that
CopyCited 11 times | Published | Supreme Court of Florida
...Finally, appellant asserts that much of the evidence produced at trial was the fruit of an illegal search and seizure occurring when the police arrested him in his house. We find that the officers were amply justified in arresting appellant without a warrant under Fla. Stat. § 901.15(3), F.S.A....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1999 WL 140550
...ed the same arresting authority as is held by the peace officer. Section
901.25(2), Florida Statutes, provides that any duly authorized state, county, or municipal arresting officer may arrest a person outside his jurisdiction when in fresh pursuit. Section
901.15, Florida Statutes (1995), in pertinent part, authorizes a "law enforcement officer" to make an arrest without a warrant, either immediately or when he is in fresh pursuit, when a violation of chapter 316 has been committed in the officer's presence....
...l arrest" to enlist the aid of others, does not apply to the facts in this case, because Officer Christoffers did not arrest appellant or directly participate with Officer Thomas in making her arrest. Rather, the provisions of sections
901.25(2) and
901.15 govern the detention and arrest authority of these officers....
...nder the influence. Accordingly, we affirm the order of the trial court denying the motion to suppress and respond to each of the issues of great public importance in the affirmative. AFFIRMED. POLEN and STEVENSON, JJ., concur. NOTES [1] As amended, section 901.15 (1997) now provides in subsection (5) that a law enforcement officer may arrest a person without a warrant when "[a] violation of chapter 316 has been committed in the presence of the officer....
CopyCited 11 times | Published | Supreme Court of Florida
...* * * * * "Q Did you consider him under arrest at that moment? "A Not necessarily, because I had to wait for the report on the doctor." (Emphasis added) [3] Fla. Stat. §
46.021, F.S.A. [4] Hargrove v. Town of Cocoa Beach,
96 So.2d 130 (Fla. 1957). [5] Fla. Stat. §
901.15, F.S.A....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 240
...d. at 109 (citation omitted). See also B.A.A.,
356 So.2d at 304. Further, since loitering and prowling is a misdemeanor, only the officer's own observations may be considered in determining whether probable cause exists to make a warrantless arrest. §
901.15(1), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Surely, the conviction of a crime without proof of an essential element must constitute a departure from the essential requirements of law. Since the arresting officer had no warrant and there was no evidence that Eddie Ruth Marshall had committed even a misdemeanor in his presence, the arrest of Ms. Marshall was unlawful. Section 901.15, Florida Statutes (1975)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 174154
...ose value would have rendered that offense a first-degree misdemeanor in violation of state law. We recognize that a deputy sheriff does not generally have authority to arrest a person for a misdemeanor that occurs outside the deputy's presence. See §
901.15, Fla. Stat. (1991). An officer, however, has broader authority to temporarily detain a person in order to investigate a reported misdemeanor and to determine whether a notice to appear should be issued. See Fla.R.Crim.P. 3.124. Pursuant to section
901.151(2), Florida Statutes (1991), an officer may temporarily detain a person "under circumstances which reasonably indicate that such person has committed ... a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." Since violations of county ordinances are typically misdemeanors, it is clear that section
901.151 is intended to permit temporary stops to investigate reported misdemeanors as well as felonies. See §
125.69(1), Fla. Stat. (1991). Thus, the deputy was statutorily authorized to make this stop to ascertain the identity of the driver and the "circumstances of his presence abroad." §
901.151(1), Fla. Stat. (1991). We do not rule out the possibility that the language of section
901.151 might seem to permit a stop for some minor offense when that stop would offend article I, section 12, of the Florida Constitution and the fourth amendment of the United States Constitution. See State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979) approved,
387 So.2d 963 (Fla. 1980) (section
901.151 is not intended and does not impose a standard different from that under the fourth amendment)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1999 WL 955366
...ormation supplied by fellow officers. The "fellow officer rule" applies to misdemeanors as well as to felonies. See Horsley v. State,
734 So.2d 525 (Fla. 2d DCA 1999). However, in this case we conclude that the "fellow officer rule" is inapplicable. Section
901.15(1), Florida Statutes (1997), states that a law enforcement officer may arrest a person without a warrant when he or she has committed a misdemeanor in that officer's presence....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16740, 2010 WL 4365763
...lony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. We agree that the pick-up order authorized a warrantless arrest. See § 901.15(2) (authorizing officer to make warrantless arrest when "[a] felony has been committed and [the officer] reasonably believes that the person committed it")....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...We nevertheless emphasize that it is not to be presumed that the foundation for a search warrant directed to apartment "D" was sufficient to generate a reasonable belief that a felony had been committed or was being committed by the appellants in apartment "C". Section 901.15, F.S.A....
CopyCited 9 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1059
...Nor is there a suggestion that they were guilty of any crime that would have authorized Hill to enter the home without a warrant of authority to do so. A mission to check on a pair of drunks is not so urgent as to relieve a deputy sheriff from arming himself with a warrant when he proceeds to one's home to make an arrest. Section 901.15, F.S.A....
...He saw Kizzie Pelt and testified that she was not only drunk but bruises about her face disclosed that she had recently been beaten. Estelle Pelt Armstrong testified as to the appellant and her mother being drunk hence the reason for requesting the officer to go to the scene. Section 901.15, F.S.A., provides that an officer may arrest a person without warrant: (1) when a felony or misdemeanor is committed in the presence of the officer: "In the case of such arrest for a misdemeanor, the arrest shall be made immediately or...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...ould interpret the evidence and all reasonable inferences and deductions to be drawn therefrom in a light most favorable to sustain these conclusions. Rodriguez v. State, Fla.App. 1966,
189 So.2d 656, concurring opinion of Judge Barkdull, 660. Under §
901.15, a police officer may *142 make an arrest without a warrant when he reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...To the extent that Carter purports to impose requirements other than those set out in Chapter 901, Florida Statutes, F.S.A., for a valid arrest without a warrant, it is erroneous. A similar contention has been rejected by the Federal Courts." * * * * * * § 901.15, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 7111
...rt in the law. Specifically, Stevens points out that the arresting officer must have perceived all elements of the misdemeanor in order to legitimate a warrantless misdemeanor arrest. Towne v. State,
495 So.2d 895, 898 (Fla. 1st DCA 1986). Moreover, Section
901.15, Florida Statutes, requires such a misdemeanor arrest to occur "immediately or in fresh pursuit." Boca Raton v....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 397
...g a police stop for questioning. This will not do it. Probable cause authorizing an arrest without a warrant requires good reason to believe that a felony has been or is being committed and that the person arrested has committed or is committing it (§ 901.15(3), Fla. Stat.). A reasonable suspicion of criminal activity justifying a temporary detention to ascertain identification and circumstances under section 901.151(2), Florida Statutes, does not authorize an arrest and the search of a nearby vehicle....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1989 WL 88013
...ore be suppressed. We see the determinative issue here as whether, under the circumstances and based on the officer's knowledge and experience, the police reasonably could have believed that a crime had been, was being, or was about to be committed. Section 901.15 Fla....
...the circumstantial facts upon which conviction must be based. Lemus v. State,
158 So.2d 143 (Fla.2d DCA 1963). All an officer needs in order *996 to make an arrest is probable cause to believe that the suspect is committing or has committed a crime. §
901.15 Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2006 WL 1095848
...State,
732 So.2d 376, 377-78 (Fla. 2d DCA 1999). In addition to the erratic driving, Appellant's overall appearance and demeanor and the presence of a white powder around his nostril gave this seasoned trooper probable cause to arrest Appellant. See §
901.15, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...This is an appeal from a conviction and sentence for resisting an officer without violence and attempted battery upon a law enforcement officer. Robert Logan Morley was initially arrested for fighting, a misdemeanor that was not committed in the presence of a law enforcement officer. That arrest was improper. Section 901.15, Florida Statutes (1977)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...On appeal the circuit court affirmed, concluding that the officer had no authority or jurisdiction to make the initial arrest. Consequently, the circuit court determined that suppression of the breathalyzer test was a moot question presumably as flowing from an illegal stop or arrest. Pursuant to section 901.15(5), Florida Statutes (1981), a peace officer is authorized to effect a warrantless arrest when a "violation of chapter 316 has been committed in the presence of the officer....
...n of section
316.089(1), Florida Statutes (1981), a civil infraction involving failure to maintain a single lane. Since the officer's initial stop of respondent was based on a violation of chapter 316, he was acting within the authority conferred by section
901.15(5)....
CopyCited 8 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086
...,
573 F.3d at 1167 (citing Montoute v. Carr,
114 F.3d 181, 184 (11th Cir.1997)). Cavis argues that he was engaged in the “legal duty” of investigating what happened to John Alex. (Doc. 42 at 13). He contends that the basis of this legal duty was §
901.151 of the Florida Statutes. Id. §
901.151 is Florida’s “Stop and Frisk” law....
...ircumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state ...” But, Frias was not a suspect and Cavis, therefore, had no authority to detain her under § 901.15....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Their information further indicated that a colored man had occupied the parked automobile and that several colored people were suspected of having taken the missing merchandise. A description of the driver of the automobile and one of its occupants had also been received. Section 901.15, Florida Statutes, F.S.A., provides that a police officer may arrest a person without a warrant when he has reasonable ground to believe that the person to be arrested has committed a felony....
CopyCited 8 times | Published | Supreme Court of Florida
...No. 56064. Supreme Court of Florida. March 27, 1980. *300 Davis G. Anderson, Jr., Tampa, for appellant. Jim Smith, Atty. Gen., and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee. OVERTON, Justice. Appellant was arrested under authority of section 901.15(6), Florida Statutes (1977)....
...me. Having been informed of the battery and seeing evidence of the wife's bodily harm, the officers arrested the appellant, Mr. LeBlanc. The arrest was performed without a warrant pursuant to the authority granted under this specific circumstance by section
901.15(6). Appellant was subsequently convicted of spouse battery, section
784.03(1)(a), Florida Statutes (1977), and resisting arrest without violence, section
843.02, Florida Statutes (1977). An arrest is properly authorized under section
901.15(6) if officers have reason to believe that one has committed a battery upon his or her spouse and the officers either find evidence of bodily harm or reasonably believe that the victimized spouse would be placed in further danger if the assailant was not arrested without delay....
...ntoxicated condition. We find this contention to be without merit in view of the record evidence. The judgment of the trial court is affirmed. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD, SUNDBERG, ALDERMAN and McDONALD, JJ., concur. NOTES [1] § 901.15, Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...However, if there were no arrest in Coral Gables, as the appellee contends, then, of course, the provisions of §
901.22, supra, would not apply and in such event, the arrest in Miami would have been without legal authority. The appellant further contends that the arrest was lawful under §
901.15, Fla....
...In a determination of whether all arrests made outside the city limits are without liability to the city it is necessary to consider two sections of the Florida statutes: section
901.22, dealing with police authority to retake one who escapes or is rescued, and section
901.15, which authorizes certain arrests upon fresh pursuit....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1988 WL 61979
...455,
46 L.Ed.2d 391 (1975); D.A. v. State,
471 So.2d 147 (Fla. 3d DCA 1985). Because the offense of loitering or prowling is a misdemeanor, a police officer may arrest without a warrant only if both elements of the crime are committed in the officer's presence. §
901.15(1), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...knowledge that a city ordinance, which had not been declared invalid existed which intended to protect the public at large from having to hear such offensive language, Officer Spivey had sufficient reason to arrest appellant in full compliance with § 901.15 F.S.A." In the instant case defendant, however, was not charged with violation of the profanity statute, see Jones v....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 140371
...charge. A violation of section
322.03(1) is a second degree misdemeanor. See §
322.39, Fla. Stat. (1999). A law enforcement officer may arrest a person without a warrant when the person has committed a misdemeanor "in the presence of the officer." §
901.15(1), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...raised upon a motion to suppress the fingerprints. The basis of the motion to suppress was that the fingerprints were obtained upon appellant's arrest for a previously charged crime and that the arrest was illegal as being in violation of F.S. *304 § 901.15(1) [1] , F.S.A....
...Mississippi points out the fact that the rule there applied must be limited to bad faith arrests.
394 U.S. 728,
89 S.Ct. 1398,
22 L.Ed.2d 682. We therefore hold that error has not been demonstrated upon the trial court's denial of appellant's objections to the fingerprint evidence. Affirmed. NOTES [1] "
901.15 When arrest by officer without warrant is lawful A peace officer may without warrant arrest a person: (1) When the person to be arrested has committed a felony or misdemeanor or violation of a municipal ordinance in his presence....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...It thus follows, as asserted in defendant's appellate point I, that defendant's arrest was unlawful. (We further note under the facts of this case and it is not contended otherwise that the arresting officer was not justified or authorized to arrest the defendant without a warrant under F.S. 901.15, Laws of 1969, F.S.A., or otherwise.) The state simply contends that the Papachristou and Smith cases should not be applied here because to do so would be to give a retroactive effect....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...the defendant appellee. The order does not state the basis for the suppression, but the defendant's motion alleged the drugs were seized incident to an illegal misdemeanor arrest for an offense not committed in the presence of the arresting officer. § 901.15(1), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...ngaged in the lawful performance of his duties," an essential requirement of Section
784.07, Florida Statutes. He bases this contention on the fact that Brubaker did not have a misdemeanor warrant to arrest him [1] and that none of the provisions of Section
901.15, Florida Statutes, which would make the arrest lawful, were applicable....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 168917
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). In such an encounter, a police officer may reasonably detain a citizen for a time, if the officer has a reasonable suspicion the person has committed, is committing, or is about to commit a crime. See also §
901.151, Fla.Stat....
...The third level of encounter involves an arrest. It must be supported by proof amounting to probable cause, that a person has committed a crime or is in the process of committing a crime. See Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15, Fla.Stat....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...*497 Certainly after hearing appellant's speech and with the knowledge that a city ordinance, which had not been declared invalid existed which intended to protect the public at large from having to hear such offensive language, Officer Spivey had sufficient reason to arrest appellant in full compliance with § 901.15, F.S.A....
...I regret that we have made a mess for the federal courts to clean up. NOTES [1] Obscene language. "It shall be unlawful for any person to use profane, vulgar or indecent language in any public place; or upon the private premises of another, or so near thereto as to be heard by another." [2] F.S. § 901.15 When Arrest by Officer Without Warrant is Lawful....
...r then and there to arrest and detain him. See: Melton v. State, Fla. 1954,
75 So.2d 291. [4] A case directly in point and resulting in the same holding as the case sub judice is a Missouri case, State v. Briggs, 1968, 435 S.W.2d 361. [1] Fla. Stat. §
901.15 (1971), F.S.A....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...et." The law is clear that a warrantless search incident to an arrest is lawful, if probable cause exists for the arrest; and any evidence obtained therefrom is admissible in a court of law. Dixon v. State,
343 So.2d 1345 (Fla.2d DCA 1977); see also Section
901.15, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 147652
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
...While not involved in the instant case, the third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...cts. As was held in Cohen v. State of Florida (supra) it was the duty of the Circuit Judge to determine whether the Municipal Court had before it competent substantial evidence to support its findings and judgment. We are of the opinion that it did. Section 901.15 Florida Statutes, F.S.A....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...e record indicates that deputies Gately and Brown were not armed with process of any sort. It is therefore incumbent upon the state to prove that they were attempting to make an arrest which they had lawful authority to make without a warrant [11] . Section 901.15, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 97, 1991 Fla. LEXIS 81, 1991 WL 6541
...v. Florida Department of Agriculture & Consumer Services,
557 So.2d 146 (Fla. 1st DCA 1990), which certified the following question of great public importance: DOES THE WARRANTLESS FELONY ARREST AUTHORITY CONFERRED UPON LAW ENFORCEMENT OFFICERS, BY SECTION
901.15(11), FLORIDA STATUTES (SUPP....
...l products and any section with respect to which any authority is conferred by law on the department. . .. (Emphasis added). The emphasized phrase forms the basis of the present dispute. The dispute arose because in 1988 the legislature also amended section 901.15, Florida Statutes, which defines situations when a "law enforcement officer" may arrest a person without a warrant. See ch. 88-373, § 4, ch. 88-381, § 53, Laws of Fla. The amendments were codified at section 901.15(11), Florida Statutes (Supp....
...We agree, and neither party disputes, that road guard inspection special officers are "law enforcement officers" as defined in the statute. See §
943.10(1), (6), Fla. Stat. (1987). After enactment of chapters 88-373 and 88-381, which jointly created section
901.15(11), the Florida Police Benevolent Association (PBA) petitioned the Department. The petition asked for a declaratory statement to determine whether road guard inspection special officers possess the warrantless felony arrest authority provided in section
901.15(11)....
...rtment." The construction urged by the Department embraces only those topics already listed, which thus renders the final clause meaningless. We believe the only fair reading of this statute is to view the quoted clause as incorporating by reference section 901.15(11), Florida Statutes (Supp....
...Road guard inspection special officers clearly are "law enforcement officers," as both parties concede. Section 570.151(2) embraces any statute conferring arrest-making authority on such officers. Therefore, road guard inspection special officers have all the authority to make arrests that is conferred by section 901.15(11)....
...This reading finds some support in the general history of legislation that emerged from the 1988 legislature, when section 570.151(2) was expanded to its present form. A Senate bill closely related to those that ultimately became law was intended to grant "agricultural road guard inspectors" the authority contained in section 901.15(11)....
...There, we stated in dictum that specific statutes are regarded as exceptions to inconsistent general statutes. It is possible, at first blush, to regard section 570.151(2) as a specific statute that somehow creates an exception to the more general statutory language employed in section 901.15(11)....
...After finding the doctrine of ejusdem generis inapplicable here, we then necessarily conclude that no such hopeless inconsistency exists in the present case. In order to give all the language of section 570.151(2) effect, we must regard that statute as embracing the general grant of authority contained in section 901.15(11)....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...espondent can be dealt with according to law. The arresting agent shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...spondent can be dealt with according to law. The arresting agent shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...espondent can be dealt with according to law. The arresting agent shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...espondent can be dealt with according to law. The arresting agent shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...ater evidentiary showing in order to be reasonable, to wit: probable cause to believe that the person arrested has committed a felony. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); Brown v. State,
62 So.2d 348 (Fla. 1952); §
901.15, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2004 WL 2952839
...hile speeding by, and "pulled directly in front" of her. Once in front of Deputy Sovich, Daniel "kept hitting her brakes and then speeding up." This information justified the arresting officer in making the arrest. Reckless driving is a misdemeanor. Section 901.15(5), Florida Statutes (2003), authorizes a warrantless misdemeanor arrest *991 for violations of Chapter 316 that occur within an officer's presence....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1997 WL 149210
...In examining the issue, *708 the county court noted that Florida case law delineates the circumstances under which a misdemeanor arrest can take place. The most obvious circumstance is where the officer witnesses each element of a prima facie case. See § 901.15(1), Fla.Stat....
...ommitted in the officer's presence. Any citizen could walk up to an officer and relate the commission of a misdemeanor by someone, and the officer would have probable cause to arrest. This is clearly inconsistent with the statutory requirements. See § 901.15(1)....
CopyCited 6 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 21424, 1997 WL 784572
...For even if it is assumed that the officers lacked probable cause to arrest Goodman when they saw him driving with an expired tag, the resulting arrest was rendered lawful by Goodman's attempt to flee and his failure to submit to the officer's lawful show of authority. See Fla.Stat. section 901.15 (a law enforcement officer may arrest a person without a warrant when the person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 1316, 1989 Fla. App. LEXIS 3043, 1989 WL 56024
...There was thus no question of fact to be resolved by the jury. The trial court erred, therefore, in allowing the jury to determine whether Detective Hames had probable cause to arrest Norton. As a matter of law, Detective Hames had probable cause to arrest Norton. Section 901.15(1), Florida Statutes (1985), provides that "[a] law enforcement officer may arrest a person without a warrant when ......
CopyCited 6 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1238
...ana cigarettes, comes within the terms of the Narcotic Drug Law. Section 398.02(12), Florida Statutes 1951, F.S.A. A violation of any of the provisions of the Narcotic Drug Law constitutes a felony under section 398.22, Florida Statutes 1951, F.S.A. Section 901.15, Florida Statutes 1951, F.S.A., provides that a peace officer may arrest without warrant when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...A law enforcement officer in this state has the power to make a lawful arrest without a warrant when he has reasonable grounds to believe that a felony has been committed and that the person arrested committed it. State v. Outten, Fla. 1968,
206 So.2d 392; see also Fla. Stat. §
901.15(3), F.S.A....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Payton v. New York,
445 U.S. 573,
100 S.Ct. 1371,
63 L.Ed.2d 639 (1980) when the officer "reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it." §
901.15(3), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1990 WL 100750
...e trial court's order suppressing evidence. The defendant seeks to sustain the suppression by arguing that a warrantless arrest on a misdemeanor *788 charge may only be made when the misdemeanor is committed in the presence of the arresting officer. § 901.15(1), Fla. Stat. (1987) (presence requirement pertains to all misdemeanors); § 901.15(5) (presence requirement specifically relates to violations of chapter 316, traffic offenses)....
CopyCited 6 times | Published | Supreme Court of Florida
...d. We think that, in all of these circumstances, the arresting officer had "reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it", Section 901.15(3), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Obviously, defendant had no right of possession or occupation in this adjacent room and, thus, we find no need of either a search or arrest warrant because defendant pulled the gun from under his shirt in plain view of Officer Buhrmaster. See State v. Parnell,
221 So.2d 129 (Fla. 1969), supra, and Section
901.15, Florida Statutes (1975)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 839998
...(2003) (defining "auxiliary law enforcement officer" and the scope of authority for that position). [1] Mr. Boatman argues, however, that the only deputy who had the authority to make the arrest was the auxiliary deputy who witnessed the misdemeanor. He bases this argument on section 901.15(1), Florida Statutes (2003), which states that an officer is permitted to make a warrantless arrest when a person has committed a *224 misdemeanor "in the presence of the officer" if the arrest is made "immediately or in fresh pursuit." See § 901.15(1)....
...a fellow officer the authority to make the misdemeanor arrest. See State v. Eldridge,
565 So.2d 787 (Fla. 2d DCA 1990); see also Huebner v. State,
731 So.2d 40 (Fla. 4th DCA 1999); Kirby v. State,
217 So.2d 619 (Fla. 4th DCA 1969). Of course, under section
901.15(1), that delegated arrest power must still be exercised "immediately" or in "fresh pursuit." Mr. Boatman argues that the language of section
901.15(5), which explicitly provides that an arresting officer may rely upon information from other officers in *225 making an immediate arrest for a violation of chapter 316, Florida Statutes (2003), committed in the officer's presence, suggests that the legislature did not intend to permit such reliance in misdemeanor arrests under section
901.15(1). The language that Mr. Boatman relies upon was added to section
901.15(5) in 1996....
...ar gun or otherwise observing the traffic infraction. We decline to interpret this relatively recent amendment as evidence of the legislature's intent to prohibit the application of the fellow officer rule in the context of misdemeanor arrests under section 901.15(1)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The State appealed to the circuit court, which affirmed the suppression order of the county court on grounds the arrest for petit theft was illegal because the offense occurred outside the presence of the officer. The circuit court further found that the show-up identification procedure was impermissibly suggestive. Section
901.15(1), Florida Statutes, authorizes warrantless arrests for misdemeanors only when the offense is "committed ... in the presence of the officer." See, e.g., Phillips v. State,
314 So.2d 619 (Fla. 4th DCA 1975). However, Section
901.15(3) provides that warrantless arrests *759 are also valid where the officer "reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it." Her...
...State,
237 So.2d 281 (Fla. 4th DCA 1970), cert. denied,
242 So.2d 461 (Fla. 1970), cert. denied,
403 U.S. 904,
91 S.Ct. 2205,
29 L.Ed.2d 680 (1971); United States v. Ullrich,
580 F.2d 765 (5th Cir.1978). Accordingly, Cromartie's arrest was not invalid as being contrary to Section
901.15, Florida Statutes....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...The officer had a clear duty to enforce the criminal laws of this State which proscribe the possession of such contraband. See, e.g., United States v. Allen,
472 F.2d 145 (5th Cir.1973); United States v. West,
460 F.2d 374 (5th Cir.1972); and Wilson v. Porter,
361 F.2d 412 (9th Cir.1966). Section
901.15, Florida Statutes (1975), provides, among other things, that a peace officer may arrest a person, without a warrant, when: * * * * * * "(3) He reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...The motion, as indicated, was grounded on the circumstance that there was no warrant of arrest and no warrant of search. The arrest appears to have been clearly coincident with an overt act indicative of an intent to commit a crime. The arrest therefore was valid. See Florida Statutes § 901.15, F.S.A.; Lashley v....
CopyCited 5 times | Published | District Court, M.D. Florida | 2003 WL 21448269
...e] has knowingly violated this injunction, the officer may arrest [Riebsame], confine him / her in the county jail without bail ... THIS INJCUNTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1296024
...forcement. See United States v. Terry-Crespo,
356 F.3d 1170 (9th Cir.2004). However, these cases do not apply here because the record fails to support the finding that this was a 911 call. [3] The significance of this finding is minimal. Pursuant to section
901.15, Florida Statutes (2005), an officer may arrest a suspect on a charge of domestic violence battery that is not committed in the officer's presence without a warrant....
CopyCited 5 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 46350, 2007 WL 1745157
...J.C.B.,
520 So.2d 586 (Fla.1988); Roberts v. State,
461 So.2d 212, 214 (Fla. 1st DCA 1984); N.R. v. State,
452 So.2d 1052 (Fla. 3d DCA 1984). However, the specific value of the property damage is relevant only to the severity of the crime. Valdes,
510 So.2d at 632. According to section
901.15(9)(b), Florida Statutes, a police officer can make an arrest without a warrant for a violation of section
806.13 if probable cause is present. Specifically, section
901.15(9)(b) states in relevant part that an arrest without a warrant is permitted if: "There is probable cause to believe that the person has committed ....
...806.13." In his briefs and at oral argument, Plaintiff placed significant emphasis on the fact that Officer Perez did not witness the events giving rise to the criminal mischief charge and therefore could not arrest Plaintiff for criminal mischief. This argument is without merit because a plain reading of 901.15(9) indicates that the presence of a police officer is not necessary *1252 in order to make an arrest without a warrant for criminal mischief....
...If the officers possessed probable cause to arrest the Plaintiff for any offense, all of his claims for § 1983 false arrest fail even if probable cause was lacking for another offense. See Lee v. Ferraro,
284 F.3d 1188, 1196 (11th Cir.2002). [13] Plaintiff's argument is at best a misreading of section
901.15, which outlines the situations where an arrest without a warrant is allowed. Of course one of the situations permitting a warrantless arrest occurs when a law enforcement officer witnesses a felony or misdemeanor in his or her presence. However, there are circumstances outlined in
901.15 where a police officer may arrest an individual without witnessing the crime....
...ice officers at the time of the alleged violation was necessary to arrest an individual for a charge of criminal mischief. After reviewing Florida law on statutory interpretations, I conclude that there is no reason to divert from a plain reading of section 901.15(9)(b) which does not require the officer to personally witness the offense of criminal mischief....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...l duty, the court said: [T]he officer did not have authority at such time to arrest appellant for a crime. The evidence is sufficient, however, to show that at such time the officer had authority to restrain appellant under the "stop and frisk law", Section 901.151, Florida Statutes......
...Admittedly, Officer Salvador had not arrested appellant at the time appellant ran from him. In fact, at that point Salvador was not in a position to do so without a warrant because he had not obtained probable cause to arrest him for a felony, and *650 appellant had not committed a misdemeanor in his presence. § 901.15, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Appellant suggests that the law therefore is that a police officer may make a lawful arrest based on hearsay from a reliable informant so long as the hearsay has been reasonably corroborated by independent facts within the arresting officer's knowledge, and that such was not the case here. Section 901.15, Florida Statutes, F.S.A., provides that a peace officer may arrest without a warrant when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it....
CopyCited 5 times | Published | District Court, M.D. Florida | 1970 U.S. Dist. LEXIS 12730
...onal requirements of a prior adversary hearing in state court. In Lake City, the defendants acted in good faith and with regard to protection of that plaintiff's first amendment and due process rights. [3] Such an arrest may be made under Fla. Stat. § 901.15 (1967), F.S.A.; seizure incident to an arrest is authorized under Fla.Stat....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1987 WL 2337
...Carter correctly contends that the evidence and statements were products of an unlawful search and should have been suppressed. In the absence of a warrant, a police officer may arrest a suspect for committing a misdemeanor, only where every element of the crime is committed in the officer's presence. § 901.15(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 3416088
...tted a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit. § 901.15(1), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Upon motion and hearing, the trial court suppressed the show-up identification and the in-court identification, finding that although the initial detention was valid, no probable cause for Varnedoe's arrest existed before he was transported to Young's home and that section 901.151(3), Florida Statutes (1981) [*] precluded transporting Varnedoe....
...[P]robable cause means a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious [individual] in the belief that the person accused is guilty of the offense with which he is charged... . (citation omitted) Trivette v. State,
244 So.2d 173, 175 (Fla. 4th DCA 1971); §
901.15(3), Fla....
...We note, however, that the state failed to raise the Crews issue in the trial court and therefore waived the argument. For these reasons, we reverse the trial court's order suppressing the in-court identification and remand for further proceedings. NOTES [*] Section 901.151(3) states: (3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 WL 904213
...Alternatively, Florida law allows police officers to conduct a pat-down search for weapons of detainees if they have a reasonable suspicion to believe that the person being detained is armed. Campuzano v. State,
771 So.2d 1238, 1241 (Fla. 4th DCA 2000). See §
901.15(5), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1990 WL 49843
...venile with a misdemeanor offense is subject to dismissal on the asserted ground that the police officer, who caused the arrest leading to the ultimate prosecution of the juvenile for said offense, had no lawful authority to effect such arrest under Section 901.15(1), Florida Statutes (1987)....
...(1987)] before the circuit court below. After a denial plea was entered, the respondent filed a motion to dismiss this petition on the ground that the police officer who arrested the respondent for the subject battery offense had no lawful authority to do so under Section 901.15(1), Florida Statutes (1987), because the alleged battery was committed outside the presence of the arresting officer....
...Based on the above facts, the respondent urged below that Officer Edwards had no lawful authority to jointly (with L.C.'s mother) swear out the complaint/arrest affidavit which led to the respondent's arrest and the filing of the subject delinquency petition because (a) Section 901.15(1), Florida Statutes (1987), prohibits a police officer from making a warrantless arrest of a person for a misdemeanor committed outside the presence of the arresting officer, and (b) the battery (a misdemeanor) allegedly committed by the respondent herein took place outside the presence of Officer Edwards....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2054
...Exception # 3 is not applicable, since the grocery bag was brown paper and Maxwell could not see what was inside. Exception #4 is not applicable since there is no forfeiture involved. If the officer had the right to search, it was an incident to a valid arrest under Exception # 2. F.S. 901.15 limits a warrantless arrest to the following circumstances: (1) the person has committed a felony in the presence of the officer; (2) a felony has been committed and he reasonably believes the person committed it; (3) he reasonably believes...
...sts that must be supported by probable cause. Wright v. State,
418 So.2d 1087 (Fla. 1 DCA, 1982) The facts of this case involve an investigatory stop, which is the second level of encounter, and which is authorized by "Florida Stop and Frisk Law", F.S.
901.151 (1979)....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. *46 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
..., shall take precedence over this order on all matters relating to property division, alimony, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
...all take precedence over *60 this order on all matters relating to property division, alimony, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act under section
784.047, Florida Statutes....
...ondent can be dealt with according to law. The arresting agent shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to section
901.15, Florida Statutes, for any violation of its provision, which constitutes a criminal act under section
784.047, Florida Statutes....
...ondent can be dealt with according to law. The arresting agent shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforce *344 ment officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
..., shall take precedence over this order on all matters relating to property division, alimony, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
..., shall take precedence over this order on all matters relating to property division, alimony, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act under section
784.047, Florida Statutes....
...ondent can be dealt with according to law. The arresting agent shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to section
901.15, Florida Statutes, for any violation of its provision, which constitutes a criminal act under section
784.047, Florida Statutes....
...ondent can be dealt with according to law. The arresting agent shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1992 WL 222003
...State v. Johnson,
601 So.2d 219 (Fla. 1992); Tice v. State,
569 So.2d 1327 (Fla. 2d DCA 1990). Second, the court did not err in charging the jury, in accordance with Florida Standard Jury Instruction (Criminal) Resisting Officer Without Violence, and section
901.15, Florida Statutes (1991) that " an arrest and detention constitutes [the] lawful execution of a legal duty." [e.s.] This generic and perfectly correct statement of law did not involve the vice of case-specificity which was involved in Wimbley v....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4823147, 2013 Fla. App. LEXIS 14468
...On the other hand, the second level of police-citizen encounter, an investigatory stop, known as a Terry-stop, 1 requires that the officer possess a reasonable suspicion that the citizen has committed, is committing, or is about to commit a crime in order to support the detention. § 901.151(2), Fla....
...unded, articulable suspicion of criminal activity. Popple,
626 So.2d at 186 . The third, and most intrusive, level of police-citizen encounter involves an arrest, which must be supported by probable cause that a crime has been or is being committed. §
901.15, Fla. Stat. (2011); Henry v. United States,
361 U.S. 98, 102 ,
80 S.Ct. 168 ,
4 L.Ed.2d 134 (1959). In addition, section
901.151(5) of the Florida Statutes (2011), known as the “Florida Stop and Frisk Law,” allows for the limited search of a lawfully detained suspect....
...may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. § 901.151(5). The Florida Supreme Court has clarified that when the term “probable cause” is used in section 901.151, the term means reasonable belief or suspicion, and does not rise to the level of justification required for an arrest....
...ef that the defendant was armed and presented a threat to their safety. Moreover, the search of the defendant had to be strictly limited to the extent necessary to reveal the weapon and protect the officers. Once the search is authorized pursuant to section 901.151(5), any evidence of criminal activity or weapon resulting from the search is admissible. § 901.151(6), Fla. Stat. (2011). 3 Accordingly, if the defendant was legally detained pursuant to section 901.151(2), and the firearm at issue was discovered as the result of a legal search, pursuant to section 901.151(5), and both the detention and the search were founded on the officers’ “reasonable, artic-ulable suspicion,” the firearm is admissible into evidence....
...orary detainment must be lawful; (2) the officer must have a reasonable suspicion that the suspect is armed; and (3) the pat-down must be strictly limited “only to the extent necessary to disclose, and for the purpose of disclosing,” the weapon. § 901.151(5)....
...Because we find that all three conditions are satisfied, we hold that Officer Sanchez’s pat-down of the defendant was lawful. Accordingly, the firearm discovered during the lawful pat-down was admissible into evidence and the trial court erred in granting the defendant’s motion to suppress. § 901.151(6)....
...self, touching the waistband of his pants,” gave the officer reasonable suspicion to frisk the defendant). Consequently, because the firearm discovered on the defendant’s person was the product of a legal search, it was admissible into evidence. § 901.151(6)....
...th instructions to the trial court to vacate the order of suppression and to enter an order denying the defendant’s motion to suppress. Reversed and remanded with instructions. . Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). . Section
901.151 (2) provides that: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
...scertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense. . Section 901.151(6) provides: (6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1084
...Aggravated child abuse is a felony. For a felony, an officer may lawfully arrest a person without a warrant when the officer "reasonably believes that a felony has been or is being committed and reasonably believes the person to be arrested committed or is committing it." Section 901.15(3), Florida Statutes (1979)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Here the record shows that through Green's prearranged signalling the arresting officers had probable cause to believe a felony was being committed in Perry's residence, and the persons inside the residence (which at the time in question had become, in effect, a public place) could be arrested. See Section 901.15(3), Florida Statutes (1977), which provides, in material part, that "A peace officer may arrest a person without a warrant when: ......
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...rd "rendition" used in Rule 3.2(b) providing for appeals in civil cases, we hold that a Minute Book entry of a judgment in a criminal case, even though not signed by the Judge, is appealable. Such determination permits us to pass to the merits. F.S. Section 901.15 F.S.A. sets out the occasions when an officer without a warrant may make a lawful arrest, as follows: "901.15 When arrest by officer without warrant is lawful "A peace officer may without warrant arrest a person: "(1) When the person to be arrested has committed a felony or misdemeanor or violation of a municipal ordinance in his presence....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...In view of this and the fact that the objection to the hearsay statement's admissibility was sustained, we cannot say that the statement was so prejudicial that the trial judge abused his discretion in refusing to grant a mistrial. Having found no reversible error the judgment appealed is affirmed. Affirmed. NOTES [1] Section 901.15(2) Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...NOTES [1] The homicide detective stated that, in domestic conflicts such as the Morley-Williams affair, it was his policy not to make any warrantless arrest even when he had probable cause to believe that a felony had been committed by a particular suspect. Cf. § 901.15(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3822358
...puties went to the apartment, apparently to arrest him. It is unclear why these deputies thought they could arrest the suspect. They did not have a warrant for his arrest, nor did they witness the offense, which seems to have been a misdemeanor. See § 901.15, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ained clothing) should not have been introduced into evidence. The police officers had ample reason to stop, search and arrest appellant when they located him near the scene of a recent rape wearing bloodstained clothing. As noted by appellant, F.S. § 901.15(2) and (3), F.S.A....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...ppeal from this judgment and the sentence imposed by the trial court. Appellant questions, in effect, whether there was authority, under the circumstances of this case, for an arrest to have been made without a warrant, pursuant to the provisions of section 901.15, Florida Statutes, F.S.A....
...376, and that illegally obtained evidence should be disallowed if proper objection is made, Gildrie v. State, 1927,
94 Fla. 134,
113 So. 704. He insists that, had the lottery tickets not been introduced into evidence over his objections, there would have been no evidence against him. Section
901.15(3), Florida Statutes, F.S.A., provides that an arrest may be made by an officer when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it....
...d reasonably trustworthy information, at the time of the arrest were sufficient in themselves to warrant a man of reasonable prudence and caution in believing that appellant was guilty of violating the lottery laws of the State of Florida. F.S. Sec. 901.15(3), F.S.A.; Carroll v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ed with breaking and entering with the intent to commit a felony. Subsequently, Estep escaped from the jail. An officer may arrest a person without a warrant if a felony has been committed and the officer reasonably believes the person committed it. Section 901.15(2), F.S....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...The state appealed from that order. The issue is whether or not the trial court erred in granting the motions to suppress, but the underlying question is whether or not the arrest of the defendants without a warrant was based on probable cause as required by F.S. 1969, section 901.15(3), F.S.A....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...So, we had my cases but we had several other fellows working undercover and we wanted to allow them to finish their investigations before we picked any of these people up." It is our opinion, based upon the foregoing facts and applicable judicial decisions, that the trial court erred in its rulings. F.S. Section 901.15, F.S.A., authorizes a peace officer to make an arrest without a warrant under certain specific circumstances: "901.15 When arrest by officer without a warrant is lawful....
...sued an arrest or search warrant ...". The Supreme Court of Florida, in Falcon v. State, Fla. 1969,
226 So.2d 399, specifically disapproved of that portion of the Carter decision which sought to impose additional requirements than those set forth in Section
901.15, and observed: "To the extent that Carter purports to impose requirements other than those set out in Chapter 901, Florida Statutes, F.S.A., for a valid arrest without a warrant, it is erroneous....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 716072
...harges was incorrect. Bruno was guilty of driving with a license which had been expired for less than four months, which, under section
322.065, Florida Statutes (Supp.1996), is merely a traffic infraction, for which an arrest is not authorized. See §
901.15(1), Fla....
...In that a search clearly took place in the case at bar, the rule stated in Neely is inapplicable. REVERSED and REMANDED with directions that the drug charge and sentence be vacated. ERVIN and KAHN, JJ., concur. BENTON, J., concurs in result. NOTES [1] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). And see §
901.151, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 330201
...Horsley, who stated that he was ordering food from the window, was not carrying a bottle of any kind, but Officer Herron found an open container of Colt 45 malt liquor on the ground ten feet away. He then arrested Mr. Horsley for possessing an open container of alcohol, a violation of a municipal ordinance. [1] According to section 901.15(1), Florida Statutes (1997), an officer may arrest a person without a warrant for violation of a municipal ordinance committed "in the presence of the officer....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1500310
...State,
876 So.2d 618, 622 (Fla. 4th DCA 2004); see also Jones v. State,
842 So.2d 889 (Fla. 2d DCA 2003). Thus, the officer here could not justify the stop on that basis. The State also argues that the officer could have arrested L.J.S. for misdemeanor trespass in the park. See §
901.15, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 545597
...constituting proof of both elements of the crime must occur in the officer's presence. Furthermore, a law enforcement officer may arrest a person without a warrant when the person has committed a felony or misdemeanor in the presence of the officer. § 901.15(1), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
...ing to property division, *294 alimony, parental responsibility, parenting plan, time-sharing, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyCited 3 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 51639, 2012 WL 899694
...Gomez had been involved in a fight. In Florida, a fight may constitute a battery, which is a crime. See Fla. Stat. §
784.03 . And Florida law allows a police officer to arrest, even without a warrant, a person suspected of committing a battery. See Fla. Stat. §
901.15 (9)(a)....
...Florida law makes it a misdemeanor to resist an officer’s arrest, even without violence. See Fla. Stat. §
843.02 . Florida law also allows police officers to make a warrantless arrest when a suspect “has committed a ... misdemeanor ... in the presence of the officer.” See FLA. STAT. §
901.15....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Appellant Nelson was arrested by an officer who had been informed that a robbery had occurred, and who had a description of a participant as to physique, clothing and bloody condition of clothing. The man arrested substantially fitted the description. The arrest without a warrant was authorized in such case by the statute, § 901.15, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 2847, 2015 WL 848086
...f fleeing felons, warrantless entry in hot pursuit after a dangerous high-speed vehicle chase, and warrantless arrest of a suspected felon on an unenclosed porch. Had Appellant been arrested while outside the home, we agree with the trial court that section 901.15 supported such warrantless arrest, even for a misdemeanor committed in the officer’s presence. However, once Appellant crossed the threshold of the garage of his home, the Fourth Amendment to the United States Constitution prohibiting unreasonable searches is implicated. Section 901.15 does not specifically address the legality of a warrantless arrest occurring in the home at the culmination of a “fresh pursuit” by police officers to arrest a suspect for a non-felony offense....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...was engaged in criminal activity and to permit an investigatory stop. We need not determine this issue of the existence of a reasonable suspicion because Officer Estrada observed Crummie and his companions run a red light and, therefore, pursuant to Section 901.15(5), Florida Statutes (1977) he lawfully stopped them....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2457440
...Bravo's judgment and sentence. [3] But if the answer to this question is in the negative, then we must address the State's alternative argument that the officers had probable cause to arrest Mr. Bravo as soon as he walked into Mr. Doe's living room. [4] See § 901.15(3), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...e. Katz v. United States, supra (Harlan, J., concurring), adopted, Smith v. *184 Maryland,
442 U.S. 735,
99 S.Ct. 2577,
61 L.Ed.2d 220 (1979). Officer Nieto's use of the zoom lens camera was, therefore, not unlawful and he was clearly entitled under Section
901.15(1), Florida Statutes (1981) to arrest Abislaiman, having actually witnessed the latter commit the felony of carrying a concealed firearm, §
790.01(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Superior Court for County of Los Angeles, 37 Cal. App.3d 836, 112 Cal. Rptr. 764 (Cal. App.2d 1974). Thus, Detective Fitzgerald's view of the marijuana plants, coupled with Martin's report, gave the officers probable cause to arrest the defendant. Section 901.15, Florida Statutes (1975)....
...at the defendant was the one that lived in the house and took care of the plants, the officer had probable cause to believe that the defendant was committing a felony. Consequently the officer had the right to arrest the defendant without a warrant. Section 901.15, Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...ircuit court found, the officers involved in the seizure reasonably believed that "an illegal drug operation was taking place" in their presence; they therefore had grounds to arrest the individuals they reasonably believed were committing a felony. Section 901.15(3), Florida Statutes (1977)....
CopyCited 2 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 11089, 1988 WL 102537
...rth amendment...." Herren, supra, at 1547. Under Florida law, an arrest for a misdemeanor may be made without a warrant only if the violation was committed in the presence of an officer, and the arrest is made immediately or in fresh pursuit. F.S.A. § 901.15(1)....
...Further, our conclusion as to the lack of an objectively reasonable basis for the Defendants probable cause determination is *614 buttressed by other facts presented, including that this arrest was made without a warrant even though under State law one was required. [1] F.S.A. § 901.15(1)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 120857
...When Charlton drove away from the bar, he committed a misdemeanor in the officer's presence. "[A] law enforcement officer may arrest a person without a warrant when ... [t]he person has committed a ... misdemeanor ... in the presence of the officer." § 901.15(1), Fla....
...The officer's authority to arrest Charlton for a criminal traffic offense committed in his presence was not limited by his assignment as a robbery detective or his expectation of arresting Charlton for robbery. Because the officer was authorized to arrest Charlton without a warrant pursuant to section 901.15(1), there is no need to analyze whether, under the standard set forth in Kehoe v....
CopyCited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 35077, 2007 WL 1427045
...illiams, it bears noting that the fact that Andrew and Deborah Williams are not state actors would also defeat any of the other five claims in this lawsuit. [21] Defendant Turner also argues that he is entitled to summary judgment because Fla. Stat. § 901.15(6) permits the warrantless arrest of a person when an officer has probable cause that the `person violated an injunction for protection, such as the one entered against the Plaintiff....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 WL 1875571
...That point has been resolved in this district adversely to the defendant's position. See Gasset v. State,
490 So.2d 97 (Fla. 3d DCA 1986). Hot pursuit of a fleeing misdemeanant is permissible where the misdemeanor is punishable by a jail sentence. Id. at 98. Ulysse,
899 So.2d at 1234. Indeed, section
901.15, Florida Statutes (2008) specifically provides: A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer....
...would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence,'") (quoting Richards v. Wisconsin,
520 U.S. 385, 394,
117 S.Ct. 1416,
137 L.Ed.2d 615 (1997)). If literally applied, the court's language in Ortiz unacceptably would nullify the portion of section
901.15 which authorizes an arrest after a fresh pursuit without any exception when a closed door, much less an open one, as here, intervenes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1991 WL 65944
...on for the discrepancy. Heller. Thereafter, discovery that the defendant's driver's license had been suspended was sufficient to permit taking the defendant into custody because a misdemeanor committed in an officer's presence is grounds for arrest. § 901.15(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...led with an absence of language prohibiting other kinds of searches in Section 372.76 leads us to conclude that drug searches are not proscribed by the latter statutory provision. We believe the wildlife officers were authorized to make an arrest by Section 901.15(3) which reads: A peace officer may arrest a person without a warrant when ......
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1988 WL 24170
...Kibbee,
513 So.2d 256 (Fla. 2d DCA 1987). However, the trial court erred in suppressing the cocaine seized from Boulia's purse. The trial court offered as its reason for suppression that the cocaine was the product of an impermissible weapons search under section
901.151, Florida Statutes (1985), [1] since Brown had no reason to believe that Boulia was armed and dangerous....
...Concededly, the search of the purse does not qualify as a permissible search for weapons; nonetheless, it can be upheld as a valid search incident to a lawful arrest. Once Brown recognized the marijuana in the pipe, he had probable cause to arrest Boulia, see § 901.15(1), Fla....
...f cannabis. Rawlings; Dixon. Based on the foregoing reasoning, we reverse the suppression order and remand the case for the trial court to conduct further proceedings consistent with this opinion. LEHAN, A.C.J., and THREADGILL, J., concur. NOTES [1] 901.151 Stop and Frisk Law....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 30574, 2015 WL 1131684
...st by flight.” Id. at 396 ,
109 S.Ct. 1865 . Under Florida law, officers are permitted to make a full custodial arrest whether the offense is a felony or a misdemeanor. See Durruthy v. Pastor,
351 F.3d 1080, 1093 (11th Cir.2003) (citing Fla. Stat. §
901.15 (1))....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...judication of guilt by a judge of the Metropolitan Court. The judgment and sentence were appealed to the Circuit Court of Dade County, Eleventh Judicial Circuit, and were affirmed. The petitioner contends that the arrest was illegal, in violation of § 901.15, Fla....
...sed by motion to quash. Since the parties at trial stipulated that the petitioner was arrested without a warrant, and when the act had not been committed within the presence of the arresting officer, we deem it necessary to set out the provisions of § 901.15, supra, as follows: "901.15 When arrest by officer without a warrant is lawful....
CopyCited 2 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 13170
...stitutional claims. McCluster v. Wainwright,
453 F.2d 162, 164 & n.5 (5th Cir. 1972); Wynn v. Smith,
446 F.2d 341, 345, 347 (5th Cir. 1971). LEGALITY OF ARREST Petitioner contends that his arrest on the misdemeanor charge was invalid under Fla.Stat. §
901.15(1), (1971) because it was made, not "immediately or in fresh pursuit" as the statute commands, but some five hours after the arresting officer had witnessed his public intoxication....
...trial court's findings of fact is here unobscured by the possibility that its ruling resulted instead from error in applying constitutional standards. The trial court had first to confront the question of the legality of the arrest under Fla. Stat. § 901.15(1), 1971....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 163933
...ons raised are (1) of great public importance, (2) are likely to recur, or (3) if collateral legal consequences that affect the rights of the party flow from the issue to be determined. Godwin v. State,
593 So.2d 211 (Fla. 1992). [6] We are aware of section
901.15(7)(a), Florida Statutes (1991), sections
784.046 and
741.30, the latter two statutes dealing with injunctive relief as a remedy for domestic violence....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...[2] Originally enacted as Section 316.07, Chapter 71-135, Section One, Laws of Florida (1971). [3] Section
316.645, when considered in connection with the section heading quoted above, discloses an intention to effect only a narrowly circumscribed expansion of warrantless arrest rights under Section
901.15, subsections (1) and (5), which provide, among other things, that an arrest may be made without a warrant for a misdemeanor or a violation of Chapter 316 committed in the presence of the officer, such arrest to be made either immediate...
CopyCited 2 times | Published | District Court, S.D. Florida | 1971 U.S. Dist. LEXIS 14969
...ge: “Until adjudged guilty, every person charged with a crime or violation of a municipal or county ordinance shall * * etc. By statute the Legislature, in Section
775.08, F.S.A., has limited all crimes to felonies and misdemeanors. *373 Section F.S.
901.15 F.S.A., in providing for arrest of a person by an officer without a warrant of arrest, requires that the person must have committed “a felony or misdemeanor or violation of a municipal ordinance” in his presence....
CopyCited 2 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 628, 1987 Fla. App. LEXIS 6992
...Therefore, the phrase “any police officer” as used in that section must be construed to mean any police officer with power to act. There is no statute which authorizes a police officer to serve a search warrant outside the boundaries of his territorial jurisdiction. Cf § 901.15, Fla.Stat....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 354971
...erty is a second degree misdemeanor. See §
316.061(1), Fla. Stat. Since the crime was only a misdemeanor and the officers did not witness the crime, it might be argued that they could not arrest Guitterrez, or any of the men, without a warrant. See §
901.15, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1045005
...Because the arresting officer had a reasonable belief that a felony had been committed and Freeman was identified as an individual who participated in the commission of the felony, the arresting officer properly arrested Freeman without a warrant. See § 901.15(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787330
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla.Stat....
...State,
454 So.2d 739 (Fla. 2d DCA 1984). . . . [T]he third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15 Fla.Stat....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14564, 2011 WL 4056214
...d be assessed would be a fine of up to $500. Assuming without deciding that the ordinance is a prohibitory one, where the penalty for violating a municipal ordinance is a fine, an “arrest” for the violation of such an ordinance, as authorized in section 901.15(1), Florida Statutes, permits only a detention for the time necessary to issue a summons or notice to appear, and a full custodial detention and search in these circumstances violates the Fourth Amendment....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 83962, 2008 WL 4527826
...arrest by flight." Id. at 396,
109 S.Ct. 1865. Under Florida law, officers are permitted to make a full custodial arrest whether the offense is a felony or a misdemeanor. See Durruthy v. Pastor,
351 F.3d 1080, 1093 (11th Cir.2003) (citing Fla. Stat. §
901.15(1))....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...offender in a reasonable manner for a reasonable length of
time.
§
812.015(3)(a), Fla. Stat. (2016). This, of course, is an exception to the
general rule that an officer normally may effect a warrantless arrest only
for a misdemeanor that occurs in his or her presence. See §
901.15(1),
Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The officers
moved the truck to a back corner of the parking lot away from the general public,
and an investigator from the sheriff’s department trained in dismantling meth labs
arrived and took over.
The circuit court granted defendant’s motion to suppress, because under
sections
901.15 and
812.015, Florida Statutes (2013), the officers did not have the
authority to make the initial stop based only upon information provided by
Walmart employees who had witnessed a theft....
...authority under Gant to search the cooler located in the truck bed. See State v.
Taylor,
79 So. 3d 876 (Fla. 4th DCA 2012) (the court conducts de novo review of
the application of Gant to the facts of the case).
The circuit court erred by concluding that section
901.15 applied in this case
by either supplanting or modifying section
812.015(4). Section
901.15(1) permits
an officer to arrest without securing a warrant when the suspect has committed a
felony or misdemeanor “in the presence of the officer,” or when the arresting
officer has been provided information from a fellow officer sufficient to satisfy
paragraph (1)....
...ifferent circumstances. See
Rodriguez v. State,
29 So. 3d 310, 313 & n.5 (Fla. 2d DCA 2009). The legislature
4
expressly enacted the retail theft provision to meet a need that was not being
addressed by section
901.15, “to give the merchant authority to detain a suspect
and the arresting officer additional authority under the law to make an arrest for a
misdemeanor,” namely “shoplifting items of small value which constitute the bulk
of the crime.” Ch....
...probable cause to arrest the plaintiff
under section
812.015(4) based on information provided by K-Mart’s security
officer). Defendants have not argued that the officers lacked probable cause for the
stop; only that they lacked authority under section
901.15(1).
The trial court further erred by concluding that the United States Supreme
Court in Arizona v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6547
...That point has been resolved in this district adversely to the defendant’s position. See Gasset v. State,
490 So.2d 97 (Fla. 3d DCA 1986). Hot pursuit of a fleeing misdemeanant is permissible where the misdemeanor is punishable by a jail sentence. Id. at 98 . Ulysse,
899 So.2d at 1234 . Indeed, section
901.15, Florida Statutes (2008) specifically provides: A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer....
...would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence,’ ”) (quoting Richards v. Wisconsin,
520 U.S. 385, 394 ,
117 S.Ct. 1416 ,
137 L.Ed.2d 615 (1997)). If literally applied, the court’s language in Ortiz unacceptably would nullify the portion of section
901.15 which authorizes an arrest after a fresh pursuit without any exception when a closed door, much less an open one, as here, intervenes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3019, 2015 WL 894340
...State,
617 So. 2d 432, 433 (Fla. 4th
DCA 1993) (reversing probation violation based on loitering and prowling
arrest because officer must be able to point to specific and articulable
facts).
To the extent that prior decisions have cited or relied upon section
901.15(1), Florida Statutes (2014), to support the requirement that the
officer witness the defendant’s conduct to prove the two elements of
loitering and prowling, that reliance is seemingly misplaced. Section
901.15(1) requires an officer to witness a misdemeanor to make a
warrantless arrest....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 1136325, 2013 Fla. App. LEXIS 4414
...person that gave [the detective] probable cause to arrest for the felony.” “A law enforcement officer may arrest a person without a warrant when ... [a] felony has been committed and he or she reasonably believes that the person committed it.” § 901.15(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...3d 806, 810 (Fla.
2d DCA 2017) ("[F]or a weapons pat-down search to be valid, an officer must identify
objective facts indicating that the person detained is armed and dangerous." (quoting
Dawson v. State,
58 So. 3d 419, 422 (Fla. 2d DCA 2011))).
Although the State argues that section
901.15(1), Florida Statutes (2016),
permits an officer to arrest a person for violating a municipal ordinance, the supreme
court has rejected this argument. See Thomas,
614 So. 2d at 471. In Thomas, the
supreme court held that an "arrest" under section
901.15(1) does not mean a full
custodial arrest and search incident thereto, but rather, that the officers may detain an
individual only "for the limited purpose of issuing a ticket, summons, or notice to
appear." Id....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1197447
...State,
498 So.2d 958, 959 (Fla. 2d DCA 1986) (applying this principle to search arising from allegedly illegal stop). When conducting a stop based on a violation of a municipal ordinance, the alleged violation must have occurred in the presence of the officer. §
901.15(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6988
...The officer discovered a small bottle in Lubash’s coat which turned out to contain cocaine. Appellant argues that the evidence was illegally obtained due to the fact that the arrest for obstructing traffic was not lawful because the offense was not committed in the presence of the officer. See, Fla.Stat. § 901.15(1) and (5), F.S.A....
CopyCited 1 times | Published | District Court, N.D. Florida | 1969 U.S. Dist. LEXIS 9886
...Petitioner’s own account of the events of his arrest and the search of his house following the killing of Clarence Godwin shows that the search was incident to and contemporaneous with a lawful arrest. Florida law permits a lawful arrest without a warrant and upon probable cause in felony cases. § 901.15(2), Florida Statutes (1967), F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 2579544, 2012 Fla. App. LEXIS 10802
...erty, as well as the safety of police.”) (citation omitted). Florida law also was satisfied because the defendant committed the crime in the officer’s presence and the officer made the arrest immediately or in fresh pursuit of the defendant. See § 901.15(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 12507, 2006 WL 2088263
...ss. The court and the State both agreed that the motion was dispositive, and the State does not argue otherwise on appeal. An officer is authorized to make a warrantless arrest for a misdemeanor only when it is committed in the officer’s presence. § 901.15(1), Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 100392, 2012 WL 2877596
...le as a nonmoving violation as provided in chapter 318. *1343 Fla. Stat. §
316.1945 . “A law enforcement officer may arrest a person without a warrant when ... [a] violation of chapter 316 has been committed in the presence of the officer.” Id. §
901.15(5)....
...Notably, no command or direction by the police to leave the streets is required to establish a violation of this statute. Under Florida law, a law enforcement officer may arrest a person without a warrant if “[a] violation of chapter 316 has been committed in the presence of the officer.” Fla. Stat. § 901.15 (5)....
...1536 ,
149 L.Ed.2d 549 (2001) (motorist’s Fourth Amendment right to be free from unreasonable seizure was not violated when she was arrested, handcuffed, and detained in jail for one hour for failing to wear her seat belt and failing to fasten her children’s seat belts). Moreover, Fla. Stat. §
901.15 (5) provides that a law enforcement officer may arrest a person without warrant when “[a] violation of chapter 316 has been committed in the presence of the officer.” See State v. Potter,
438 So.2d 1085, 1087 (Fla.Dist.Ct.App.1983) (police officer was acting within the authority conferred by §
901.15(5) when making a warrantless arrest for violation of FI....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 211929
...ll custodial arrest accompanied by a body search and a potential jail sentence.... .... We hold that when a person is charged with violating a municipal ordinance regulating conduct that is noncriminal in nature, such as in the traffic control area, section 901.15(1) only permits a person to be detained for the limited purpose of issuing a ticket, summons, or notice to appear....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...n engaged in activities which justify the officers in the belief that an escape or destruction of evidence is being attempted. See also Earman v. State, Fla. 1972,
265 So.2d 695; Moreno v. State, Fla.App. 1973,
277 So.2d 81. We find that pursuant to §
901.15, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Where an officer is in a place where he has the lawful right to be and he observes within plain view a person engaged in the commission of a felony, or engaged in an activity which causes the officer reasonably to believe that a felony is then being committed, the officer has a right then and there to arrest such person. Section 901.15(1)(3), Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 4561576
...olphin,
945 So.2d at 1180. The second level, an "investigatory stop," allows a police officer to "detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id.; §
901.151(2), Fla. Stat. (2006). The third level is an "arrest," which requires probable cause. §
901.151(4); Golphin,
945 So.2d at 1180....
...However, once Appellant (the presumed driver of the SUV) produced the I.D. card rather than a driver's license, a reasonable suspicion arose, justifying a temporary detention to ascertain whether Appellant had a valid driver's license and to run a computer check. See § 901.151(2), Fla....
...(2003), that "when Lanier produced only an identification card rather than a driver's license, reasonable suspicion arose for Shea to believe that Lanier was driving without a proper license." Lanier,
936 So.2d at 1161. Thus, Officer Shea was justified under section
901.151(2), Florida Statutes (2006), in detaining Mr....
...See §
322.34(5), Fla. Stat. (2006) (designating a third-degree felony where any person whose driver's license has been revoked under the "habitual offender" provision drives any motor vehicle upon the highways of this state while such license is revoked); §
901.15(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21765
...puties went to the apartment, apparently to arrest him. It is unclear why these deputies thought they could arrest the suspect. They did not have a warrant for his arrest, nor did they witness the offense, which seems to have been a misdemeanor. See § 901.15, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
...Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final judgment of Injunction for Protection Against Domestic Violence with Minor Chlld(ren) (After Notice) (12/10) *971 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 21517
...and statements in cases 09-CF-13383 and 09-CF-14318. See Fla. R.App. P. 9.140(b)(2)(A)(i). We conclude that Mr. Jenkins’ arrests for altering a license tag were unlawful because he did not commit the offense in the presence of police officers. See § 901.15(f), 1 Fla....
...Jenkins filed motions to suppress in all three eases. He argued that his arrests were unlawful because altering a license tag was a misdemeanor that must be committed within the presence of a law enforcement officer for an arrest to be lawful. See § 901.15(1), Fla....
...Jenkins argues that the trial court erred in denying his motions to suppress because the searches were incident to his arrests, and the arrests were unlawful because the altering-a-license-plate violations were misdemeanors not committed in the presence of the police officers. See §
901.15(1); Baymon,
933 So.2d at 1270 ....
...g a license tag. See Paterson v. *742 State,
612 So.2d 692, 694 (Fla. 1st DCA 1993). Based on our disposition of these cases, we need not address Mr. Jenkins’ other arguments on appeal. Reversed and remanded. NORTHCUTT and CRENSHAW, JJ., Concur. .
901.15....
CopyCited 1 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 25858, 2002 WL 31831445
...without offering or doing violence to the person of the officer ...." Under both Florida and federal law, committing a misdemeanor in the presence of a police officer creates probable cause for arrest. Lee,
284 F.3d at 1196 (citing Fla. Stat. Ann. §
901.15(1) and Atwater v....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 12707, 2010 WL 3398147
...committed the crime. See Blanco v. State,
452 So.2d 520, 523 (Fla.1984) (“The probable cause standard for a law enforcement officer to make a legal arrest is whether the officer has reasonable grounds to believe the person committed a felony.”); §
901.15(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 3537226, 2012 Fla. App. LEXIS 13621
...1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968)). Such a detention, commonly called a Terry stop, is a seizure of the person permissible under the Fourth Amendment only if the officer has “a well-founded, articulable suspicion of criminal activity.” Id.; see §
901.151(2), Fla....
...The third level of police-citizen encounter is custody or arrest, for which a law enforcement officer must have probable cause that a crime has been, or is being, committed. Popple,
626 So.2d at 185 (citing Henry v. United States,
361 U.S. 98 ,
80 S.Ct. 168 ,
4 L.Ed.2d 134 (1959); §
901.15, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
...Mere suspicion is not enough to support a stop. [T]he third level of police-citizen encounter involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States,
361 U.S. 98,
80 S.Ct. 168,
4 L.Ed.2d 134 (1959); §
901.15, Fla....
...All of these factors are critical indicia of the fact that this was an investigatory, and non-consensual, stop. III. Since this was indeed an investigatory Terry stop, the officers were required to have well-founded articulable suspicion that G.M. had committed, was committing, or was about to commit a crime. See § 901.151, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2003 WL 1916896
...fficer had an independent basis for determining that probable cause existed). Here, the BOLO and combined knowledge of the officers provided reasonable grounds to believe Bagley had committed a felony, and provided probable cause for the arrest. See § 901.15 Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1971 Fla. App. LEXIS 5972
is not applicable. The arrest was lawful under §
901.15 Fla.Stat., F.S.A.; either under subsection (4)
CopyPublished | Supreme Court of Florida
property, and law enforcement may use their section
901.15(6), Florida Statutes, arrest powers to enforce
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7191, 1990 WL 136854
...The fact that the officer was aware of appellant’s prior felony arrest record when the gun was seen in plain view created a founded suspicion so as to justify detention for the purpose of checking appellant’s criminal record to determine whether any arrests led to a conviction. Section
901.151, F.S. (1987), Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). Furthermore, there was at the time the gun was seized probable cause to arrest the appellant for violation of the injunction. Section
901.15(6) provides that an officer may make an arrest when he has probable cause to believe an “act of domestic violence” has been committed in violation of a domestic violence injunction authorized by section 741.-30, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 15422, 2006 WL 2658938
...At the hearing challenging the validity of the Department’s suspension of Williams’ driver’s license, counsel for Williams argued the evidence failed to demonstrate a lawful arrest had occurred, because the arresting officer had not observed the offense, whereas section 901.15, Florida Statutes, does not permit a law-enforcement officer to arrest a person without a warrant for a violation of chapter 316, Florida Statutes, the Florida Uniform Traffic Control Law, unless the officer observed all of the element...
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 6062
PIERCE, C. J., and HOBSON, J., concur. . Ma.Stat. §
901.15, F.S.A. A peace officer may without warrant arrest
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...mpliance with VAWA. In Florida, a temporary or final judgment on an injunction for protection against domestic violence is valid and enforceable in all counties of the state. 7 Law enforcement officers are authorized to use their arrest powers under section 901.15 (6), Florida Statutes, to enforce a domestic violence injunction....
...civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident. Cf., s. 901.15 (6), Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21323
believe that the person has committed a felony. § 901.-15, Fla.Stat. (1979). The officers in this case had
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1185
...The county solicitor did not surrender the tickets but on cross examination it became apparent that appellant was relying on the defense of entrapment so he drew them from his pocket in the presence of the jury and interrogated the defendant about them. Section 901.15 F.S.A....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2265, 1988 Fla. App. LEXIS 4394, 1988 WL 101066
...f cocaine powder and four clear plastic bags of marijuana. Since violation of statutory section
320.261 is only a misdemeanor, a police officer may arrest without a warrant only if the person has committed the offense in the presence of the officer. §
901.15(1), Fla.Stat....
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its
CopyPublished | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 11305, 1992 WL 312749
...tion of section
893.13(l)(e), Florida Statutes (1985), reserving the right to appeal the denial of her motion to suppress. A law enforcement officer may only effect a warrantless arrest for a misdemean- or when it has been committed in his presence. §
901.15(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4770
...iving terminated, the arrest was not lawful. Next appellant asserts that the arrest being unlawful, he had a right to resist, citing Roberson v. State,
43 Fla. 156 ,
29 So. 535 , 52 L.R.A. 751 (1901). We recognize that the general statute on arrest, Section
901.15, Florida Statutes, F.S.A., authorizes a police officer to arrest without a warrant for a misdemeanor only when such offense is committed in his presence....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13694
...supplied by fellow officers. The “fellow officer rule” applies to misdemeanors as well as to felonies. See Horsley v. State,
734 So.2d 525 (Fla. 2d DCA 1999). However, in this case we conclude that the “fellow officer rule” is inapplicable. Section
901.15(1), Florida Statutes (1997), states that a law enforcement officer may arrest a person without a warrant when he or she has committed a misdemeanor in that officer’s presence....
CopyPublished | Florida 2nd District Court of Appeal | 1967 Fla. App. LEXIS 4427
In the Lowe case, supra, the court said: “Section
901.15, Florida Statutes, F.S.A., provides that a
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
hot pursuit originating within that circuit. Section
901.15, F.S., as amended,5 prescribes when an arrest
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16831, 2014 WL 5151324
...or stamp applied to the order, which states the following:
Petition alleges law enforcement contacted. It is reasonably
inferred there was no probable cause evidence to arrest or request
charge. F.S.
741.29(2) & (3) and F.S.
901.15(7) & (9) are
applicable re investigation /arrest/reports, etc....
...The trial court thereby implied that because there was no arrest or
charges filed, Mrs. Pashtenko failed to present the "strong and clear" evidence
necessary to issue the injunction. The trial court also incorrectly cited to sections
741.29(2), .29(3),
901.15(7), and .15(9) which apply to domestic violence injunctions
and not injunctions for protection against stalking.
The trial court's findings under numbers six and eight are also not legal
grounds for denial of the petition....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22507
...The departure of the occupants of the house could have been prevented by leaving one or more officers to watch the residence while the warrant was obtained. Given the officers’ reason to believe that the occupants had sold marijuana to Angle, anyone departing the house could have been arrested without a war *1002 rant. See § 901.15(2), Fla.Stat....
CopyPublished | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 24100, 2003 WL 23191031
...Moreover, "under both Atwater [ v. City of Lago Vista,
532 U.S. 318,
121 S.Ct. 1536,
149 L.Ed.2d 549 (2001)] and Florida law ... a full custodial arrest is allowed when a misdemeanor has been committed." Lee,
284 F.3d at 1196-97 (citing Fla. Stat. §
901.15(1) ("A law enforcement officer may arrest a person without a warrant when ......
...pursuant to FSS
741.30 or
784.046, over the objection of the petitioner, if necessary. FSS
741.31 will be used to charge the respondent." ( Id. at ¶ 7.D). The Policy further states, "No law enforcement officer shall be held liable, pursuant to FSS
901.15(7), for an arrest based on probable cause." ( Id....
CopyPublished | District Court of Appeal of Florida
PER CURIAM. Affirmed. See Fla.Stat. § 901.15(2), F.S.A.
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
substantially the following question: Does section
901.15(7)(a), Florida Statutes, as amended,1 authorize
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
without the boundaries of the municipality. Section
901.15(5), F.S., authorizes a peace officer to arrest
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 10600, 1994 WL 594742
...Lewis; Hoffa. It is equally clear that Detective Rivera had probable cause to arrest the defendant without an arrest warrant for trafficking in cocaine when the defendant displayed a kilogram of cocaine for sale in the back office of the defendant’s house. § 901.15(3), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 17061, 2004 WL 2534254
...result, obtained incriminating evidence. Appellant argues that there was no probable cause for his arrest because the *317 officer did not have reasonable grounds to believe that he had committed a felony. Blanco v. State,
452 So.2d 520 (Fla.1984); §
901.15(2), Fla....
CopyPublished | District Court of Appeal of Florida
...It is apparent from the record, as conceded by the State in its brief, that the evidence was insufficient to show a lawful arrest by the municipal officers because the offense for which the appellant was apprehended [to wit: vagrancy] did not occur in the presence of the arresting officer. In this connection, see: § 901.15, Fla.Stat., F.S.A.; Campbell v....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act under Section
784.0487, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provision, which constitutes a criminal act under Section
784.0485, Florida Statutes. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4781
...On appeal therefrom he challenges the correctness of the use of his confession, contending it was made consequent upon an unlawful arrest. On consideration of the record and briefs we conclude the arrest, made without a warrant, was predicated upon probable cause, and, therefore, was lawful under § 901.15, Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19705
Florida Supreme Court had specifically held that Section
901.15, Florida Statutes (1979), validly authorized
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5770
...The circuit court reversed the judgment of conviction holding: “ * * * this Court finds that the initial arrest and detention of the appellant-defendant in this cause was understandable, nevertheless same fails to comply with the law of the State of Florida, pursuant to Florida Statutes 901.15, et seq. by the admission of the arresting officers.” >[c ‡ 5^ ‡ Section 901.15(1) provides that a peace officer may without a warrant lawfully arrest a person: “When the person to be arrested has committed a * * * misdemeanor or violation of a municipal ordinance in his presence....
...However, the record shows that the officer did not arrest the respondent until he had verified his suspicions by a close-up observation of the respondent writing lottery numbers on a pad. We therefore conclude that the circuit court misapplied the law of arrest as set out in § 901.15(1), Fla.Stat., F.S.A....
CopyPublished | Florida 4th District Court of Appeal
...Specifically, the motion argued the arresting officer
did not witness the defendant operating or in actual physical possession
of a vehicle while impaired, nor did he or any other fellow law enforcement
officer personally investigate the traffic crash as sections
316.645 and
901.15(5), Florida Statutes (2019), require for a warrantless misdemeanor
DUI arrest.
On appeal, the defendant argues the trial court erroneously denied her
suppression motion....
...Therefore, because the aide was not a law
enforcement officer with the power to arrest the defendant as required by
the fellow officer rule for a warrantless arrest, the arresting officer could
not rely on the public safety aide’s investigation to establish probable
cause. See § 901.15(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 8279, 2007 WL 1541958
...Legal issues are reviewed de novo. Connor,
803 So.2d at 605 . In this case, the defendant was arrested for trespass, a first degree misdemeanor. Law enforcement officers are authorized to make a warrantless arrest for a misdemeanor when it is committed in their presence. §
901.15(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7202
...*111 The tangible evidence sought to be suppressed was seized incident to a warrant-less arrest, and the issue is simply whether, at the time of such arrest, the officer had reasonable grounds to believe that a felony had been committed and reasonable grounds to believe that appellant had committed such felony. F.S. section 901.15(3), F.S.A....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5307
...and for grand larceny, reversal is sought on the ground that his confession, received at trial, should have been excluded because it was the fruit of an unlawful arrest. The trial judge concluded the arrest in this case, made without a warrant under § 901.15(2), Fla.Stat., F.S.A., was lawful in the circumstances presented....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...ts. As for arrests, s.
901.04 , F.S., provides that arrest warrants (issued by a committing magistrate pursuant to s.
901.02 ) shall be directed to the sheriffs of the state and executed only by the sheriff of the county in which the arrest is made. Section
901.15 authorizes peace officers to arrest a person without an arrest warrant when, among other things, the person has committed a misdemeanor or violated a municipal ordinance in the presence of the officer; such arrest is to be made immediately or in fresh pursuit....
...riminal, traffic, or highway laws of Florida. Since they are not peace officers, the fire department officials in question are without the requisite authority to make a warrantless arrest for a misdemeanor or violation of a municipal ordinance under s. 901.15 , F.S....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4208
...The defendant next charges that he was arrested without probable cause. The record, however, discloses that the arresting officer had reasonable ground for believing that the defendant had committed or was committing a felony. See Melton v. State, Fla. 1954,
75 So.2d 291, 293 ; Section
901.15 Fla.Stat, F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7556
...State,
876 So.2d 618, 622 (Fla. 4th DCA 2004); see also Jones v. State,
842 So.2d 889 (Fla. 2d DCA 2003). Thus, the officer here could not justify the stop on that basis. The State also argues that the officer could have arrested L.J.S. for misdemeanor trespass in the park. See §
901.15, Fla....
CopyPublished | Florida 4th District Court of Appeal
...the discrepancy. Heller . Thereafter, discovery that the defendant’s driver’s license had been suspended was sufficient to permit taking the defendant into custody because a misdemeanor committed in an officer’s presence is grounds for arrest. § 901.15(1), Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
municipal police officer make an arrest pursuant to section
901.15(1), Florida Statutes, for a violation of a
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 2612, 1991 WL 41979
...dence seized as a result should have been found to be inasmissible at trial. We agree. Since violation of a city ordinance is treated as a misdemeanor, only the officers’ own observations will be considered in determining probable cause to arrest. § 901.15(1), Fla.Stat....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31,
Florida Statutes.
3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in
which a violation of this injunction occurs shall enforce the provisions of this injunction and are
authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its
provisions which constitutes a criminal act under section
741.31, Florida Statutes.
3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions, except those regarding child support and/or alimony,
which constitutes a criminal act under section
741.31, Florida Statutes....
...ivision,
alimony, parental responsibility, parenting plan, time-sharing, child custody, or child support.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation
of this injunction should be reported to the appropriate law enforcement
agency. Law enforcement officers of the jurisdiction in which a violation of this
injunction occurs shall enforce the provisions of this injunction and are
authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions, except those regarding child
support and/or alimony, which constitutes a criminal act under section
741.31,
Florida Statutes....
...all take precedence over
this order on all matters relating to property division, alimony, child custody,
or child support.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND
LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.047, Florida
Florida Supreme Court Approved Family Law Form 12.980(k), Temporary Injunction for Protection Against Repeat
Viole...
...the next regular court day so that Respondent can be dealt with according to law. The arresting agent
shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
4....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provision, which constitutes a criminal act under Section
784.047, Florida
Statutes.
2....
...the next regular court day so that Respondent can be dealt with according to law. The arresting agent
shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
3....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.047, Florida
Statutes.
3....
...the next regular court day so that Respondent can be dealt with according to law. The arresting agent
shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
4....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provision, which constitutes a criminal act under Section
784.047, Florida
Statutes.
2....
...the next regular court day so that Respondent can be dealt with according to law. The arresting agent
shall notify the State Attorney's Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
3....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.047, Florida
Statutes.
3....
...ondent can be dealt with according to law. The arresting agent
shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
4....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provision, which constitutes a criminal act under Section
784.047, Florida
Statutes.
2....
...ondent can be dealt with according to law. The arresting agent
shall notify the State Attorney’s Office immediately after arrest. THIS INJUNCTION IS ENFORCEABLE IN
ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO
SECTION 901.15(6), FLORIDA STATUTES.
3....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.0487, Florida
Statutes.
3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.0485, Florida
Statutes.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 4198, 2015 WL 1319800
...in the trial court’s denial of the motion to suppress, as there was probable cause to
arrest Hawxhurst for the crime of criminal mischief.
Generally, a police officer may make a warrantless misdemeanor arrest only
if it is committed in the presence of the officer. See § 901.15(1), Fla....
...(2014).
However, there are a number of statutory exceptions, one of which permits a
warrantless misdemeanor arrest when the officer has probable cause to believe the
defendant has committed the offense of criminal mischief, even if it was not
committed in the presence of the officer. See § 901.15(9)(b) (providing that a “law
enforcement officer may arrest a person without a warrant when: ....
...violation of a domestic violence
injunction,2 the very same facts upon which the officer relied (and upon which the
trial court based its determination) established probable cause to arrest Hawxhurst
1See Fla. R. App. P. 9.140(b)(2)(a)(i).
2 See § 901.15(6), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1993 WL 74949
...Based on its findings, the trial court suppressed the money, statements, and cocaine obtained pursuant to Sampson's arrest. We begin our analysis by noting that for purposes of making an arrest without a warrant, an officer needs probable cause to believe that the suspect is committing or has committed a crime. See § 901.15, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...misdemeanor of the first degree, punishable as provided in
775.082 or
775.083.”
14
officers, and they were thus authorized to make an arrest without a warrant,
immediately or in fresh pursuit. Fla. Stat. Ann. §
901.15 & (1) (“A law
enforcement officer may arrest a person without a warrant when [t]he person has
committed a felony or misdemeanor or violated a municipal or county ordinance in
the presence of the officer....
...Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. §
843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest. See Fla. Stat. Ann. §
901.15 & (1).
Deputies Lutz and Brandau were thus faced with a very unusual scenario and
had only a moment to decide what to do....
CopyPublished | Court of Appeals for the Eleventh Circuit
...misdemeanor of the first degree, punishable as provided in
775.082 or
775.083.”
14
officers, and they were thus authorized to make an arrest without a warrant,
immediately or in fresh pursuit. Fla. Stat. Ann. §
901.15 & (1) (“A law
enforcement officer may arrest a person without a warrant when [t]he person has
committed a felony or misdemeanor or violated a municipal or county ordinance in
the presence of the officer....
...Coffin was resisting service of legal process, a misdemeanor
under Florida law, see Fla. Stat. Ann. §
843.02, which occurred in the presence of
the officers, thus arguably triggering the Florida statute authorizing the officers to
make an immediate arrest. See Fla. Stat. Ann. §
901.15 & (1).
Deputies Lutz and Brandau were thus faced with a very unusual scenario and
had only a moment to decide what to do....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 13773
Judge. This case involves the authority under section
901.15, Florida Statutes (1983), of a law enforcement
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
..., shall take precedence over this order on all matters relating to property division, alimony, child custody, or child support. 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyPublished | Supreme Court of Florida
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31,
Florida Statutes.
3....
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31,
Florida Statutes.
3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions, except those regarding child support and/or alimony,
which constitutes a criminal act under section
741.31, Florida Statutes....
...y division, alimony,
parental responsibility, parenting plan, time-sharing, child custody, or child support.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
...Violation of this injunction should
be reported to the appropriate law enforcement agency. Law enforcement officers of the
jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida
Statutes, for any violation of its provisions, except those regarding child support and/or alimony,
which constitutes a criminal act under section
741.31, Florida Statutes....
...precedence over this order on all matters relating to property division, alimony, child custody,
or child support.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20485
compliance with the details of statutes, such as section
901.15, Florida Statutes, permitting arrests by officers
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1568, 1988 Fla. App. LEXIS 2926, 1988 WL 67772
...d by an unsupported charge of cruelty to animals. We disagree. C.W. correctly asserts that the offense of cruelty to animals delineated in section
828.12 is a first-degree misdemeanor which must be committed in the presence of the arresting officer. §
901.15, Fla.Stat....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121
...Violation of this
injunction should be reported to the appropriate law enforcement agency. Law enforcement
officers of the jurisdiction in which a violation of this injunction occurs shall enforce the
provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act
under Section
784.0487, Florida Statutes.
3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT
OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...Does a circuit judge have the authority to arrest one violating the traffic statutes in the presence of said judge? 2. If so, what would be the proper procedure for him to follow in effectuating such an arrest without warrant? 3. What would be the role in the subsequent prosecution thereof? SUMMARY: Section 901.15 (5), F....
...S., authorizes `peace officers' to make warrantless arrests for violations of the Uniform Traffic Control Law (Ch. 316, F. S.) committed in their presence. A circuit judge as a `conservator of the peace' is also a peace officer and, accordingly, has the authority to arrest without a warrant as provided in s. 901.15 (5)....
...the arrested person before a neutral and detached magistrate and file a sworn complaint against the arrested person and have a summons issued as provided in s.
901.09 , F. S. By making an arrest as a conservator of the peace and peace officer under s.
901.15 (5), F. S., a circuit judge places himself in the role of a prosecuting witness, and he must maintain that role through the subsequent prosecution thereof. AS TO QUESTION 1: Section
901.15 (5), F....
...S., provides in pertinent part that `[e]ach state judicial officer is a conservator of the peace . . . .' Also see s. 19, Art. V, State Const., providing that all state judicial officers shall be conservators of the peace. Whether a circuit judge as `conservator of the peace' is also a `peace officer' for purposes of s. 901.15 , F....
...Endicott, 109 S.E.2d 775 , 777 (Ga. 1959); also see 15A C.J.S. Conservator , at pp. 579-580. On the basis of the foregoing, I must conclude that a circuit judge, as conservator of the peace, has the authority to make arrests as a peace officer under s. 901.15 (5), F....
...licate and are supplied to every traffic enforcement agency within the state by the Department of Highway Safety and Motor Vehicles. Section 316.018(1). A circuit judge acting as a conservator of the peace and peace officer in making an arrest under s. 901.15 (5), F....
...Thus, the general language of the criminal intake Rule 3.115 in terms does not appear to be applicable to those instances where an arrest for a criminal violation of Ch. 316, F. S., has been made by a conservator of the peace and peace officer under the authority of s. 901.15 (5), F. S. It therefore appears that, under the existing laws of this state, a circuit judge making an arrest under s. 901.15 (5), F....
...ghway Safety and Motor Vehicles.] (Emphasis supplied.) A uniform traffic citation as provided in s. 316.018, F. S., is generally issued for these noncriminal infractions. The issuance of a traffic citation qualifies as an `arrest' as contemplated in s. 901.15 (5), F....
...ncriminal infractions which are `not punishable by incarceration and for which there is no right to a trial by jury or a right to court appointed counsel.' Rule 6.040 Traff.Ct.R.; see also s.
318.13 (3), F. S. A. circuit judge making an arrest under s.
901.15 (5) for a noncriminal traffic offense and who does not have the necessary forms to issue a uniform traffic citation must take the person so arrested before a magistrate and file a sworn complaint against such person and cause a summons to be issued to such person by the magistrate as provided by s....
...be prepared by the clerk and submitted to the Department of Highway Safety and Motor Vehicles. On the basis of the foregoing, it appears that when a circuit judge who, as a conservator of the peace and peace officer, makes a warrantless arrest under s. 901.15 (5), F....
...ust take the person so arrested before a magistrate and cause to be filed a sworn complaint against the arrested person in order that a summons may be issued to such person as provided in s.
901.09 , F. S. AS TO QUESTION 3: By making an arrest under s.
901.15 (5), F....
...He is a direct witness to the events which led to the arrest and, in many cases, may be the only witness. Consequently, his testimony probably is essential to the state's prosecution. Therefore, a circuit judge, who by making an arrest as a peace officer under s. 901.15 (5) places himself in the role of a complaining or prosecuting witness, must maintain that role in the subsequent prosecution thereof....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14085
...It was then that the arrest was made and the search carried out revealing the heroin. Upon due consideration of the record, it is our view that these circumstances meet the requirements of Florida law. See Rodriguez v. State, Fla.App.1966,
189 So.2d 656 and see Fla. Stat. §
901.15 (3), State v....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1617, 1987 Fla. App. LEXIS 9124
...At this point, Fortney was formally arrested. It is undisputed by the parties that a detention and search took place. The trial court denied the motion to suppress on the basis that Jacobs’ request of Fortney to open his hand was a valid exercise of Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1985)....
...established a reasonable basis to believe that Fortney had committed or was committing a felony or misdemeanor in the presence of the officers. Jones v. State,
498 So.2d 1359 (Fla. 2d DCA 1986); State v. Gennari,
451 So.2d 1063 (Fla. 5th DCA 1984); §
901.15, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 16, 2024
...See Ecker,
311 So. 2d at 106–07.
USCA11 Case: 23-10578 Document: 54-1 Date Filed: 07/19/2024 Page: 14 of 23
14 Opinion of 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....
...hat
a warrantless misdemeanor arrest limits probable cause to in-the-
presence observations. 6 Here, that means all the officers saw was
a man walking down a neighborhood street in the early morning
6 See Fla. Stat. § 901.15(1); P.R., 97 So....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3377078, 2014 Fla. App. LEXIS 10612
...We
reverse the judgment and sentence and remand for his discharge.
KHOUZAM, J., and BAUMANN, HERBERT J., JR., ASSOCIATE JUDGE, Concur.
1
Black initially contended that Officer Maultsby could not rely on the
statements of his fellow officer, citing section 901.15, Florida Statutes (2012)....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
for the disposition of traffic infractions." Section
901.15(5), F. S., authorizes a peace officer to arrest
CopyPublished | District Court of Appeal of Florida
PER CURIAM. Affirmed on the authority of Fla.Stat. § 901.15 (1969), F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 653
...a full custodial arrest accompanied by a body search and a potential jail sentence.... We hold that when a person is charged with violating a municipal ordinance regulating conduct that is noncriminal in nature, such as in the traffic control area, section 901.15(1) only permits a person to be detained for the limited purpose of issuing a ticket, summons, or notice to appear....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6759
...vidence to support the trial court’s finding that appellant was lawfully arrested on fresh pursuit after committing the misdemeanor of reckless driving in the presence of the arresting officer. Crum v. State, Fla.App.1965,
172 So.2d 24 . F.S.1967, Section
901.15(1), F.S.A....
CopyPublished | Florida 4th District Court of Appeal
...Upon the state’s review of the case, the state did not charge the
defendant with disorderly conduct. Instead, the state charged the
defendant only with cocaine possession.
The defendant filed a motion to suppress the cocaine. The motion cited
section 901.15(1), Florida Statutes (2021) (“A law enforcement officer may
arrest a person without a warrant when … [t]he person has committed a
felony or misdemeanor … in the presence of the officer.”) (emphasis added).
The motion argued that no element of disorderly conduct had occurred in
an officer’s presence....
...police, will almost invariably be found sufficient to justify police action.”
Thus, the state requested the circuit court to deny the defendant’s motion.
In rebuttal, the defendant argued that, regardless of what the witnesses
may have reported to the police, section 901.15(1) permits a warrantless
3
arrest for a misdemeanor only when the person has committed the
misdemeanor in an officer’s presence, which had not occurred here.
2....
...The defendant summarizes his argument as
follows:
The warrantless misdemeanor arrest of [the defendant] for
[d]isorderly conduct, was illegal and [u]nconstitutional, done
without justification, in violation of the requirements of
[section] 901.15(1)[, Florida Statutes (2021)]....
...must be reversed and the matter remanded for the
suppression of the cocaine ….
The state pertinently responds:
[T]he police had probable cause to arrest [the defendant]
for disorderly conduct in this case without a warrant. §
901.15(1), Fla....
...Here, the circuit court’s factual
determinations are undisputed. Thus, we consider only whether the
circuit court properly applied the law to the facts of this case.
We conclude the circuit court did not properly apply the law to the facts
of this case.
Section 901.15, Florida Statutes (2021), pertinently states: “A law
enforcement officer may arrest a person without a warrant when … [t]he
person has committed a felony or misdemeanor … in the presence of the
officer.” § 901.15(1), Fla. Stat. (2021) (emphasis added). But see §
901.15(9)(a)-(b), Fla....
...(2021) (allowing a warrantless arrest where
probable cause exists to believe that a person has committed “[a]ny battery
upon another person, as defined in s.
784.03” [or] “[a]n act of criminal
mischief or a graffiti-related offense as described in s.
806.13.”).
We recently interpreted section
901.15(1) in Jing v....
...1st DCA 2014) (explaining the “fellow officer
rule” that permits an officer to perform a warrantless arrest
for a misdemeanor offense “when the arresting officer has
been provided information from a fellow officer sufficient to
satisfy” the requirements of section
901.15(1), Florida
Statutes).
Jing,
316 So. 3d at 730.
Section
901.15(1)’s “misdemeanor presence” requirement applies to
warrantless arrests for disorderly conduct, which was the initial charge in
this case and led the senior officer to perform a search incident to arrest
and thereby discover the defendant’s possession of cocaine....
...The circuit court and the
state both agreed that the motion was dispositive. Id.
On appeal, the Second District reversed. Our sister court reasoned:
An officer is authorized to make a warrantless arrest for a
misdemeanor only when it is committed in the officer’s
presence. § 901.15(1), Fla....
....e., in their
presence. Thus, none of the elements constituting the crime of disorderly
conduct occurred “in the presence of the officer[s]” to have permitted the
officers to have effectuated a warrantless arrest of the defendant for that
crime. § 901.15(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 32, 1997 WL 1704
...The factual background of this ease shows that Washington was arrested on November 28, Í995, at a Wal-Mart Super Center for violating an injunction against repeat violence which prohibited her from visiting the place of employment of one Amy Litchfield. The arrest was effectuated pursuant to section 901.15, Florida Statutes (1995), which allows a law enforcement officer to make a warrantless arrest if probable cause exists to believe a person has violated an injunction for protection....
...The catalyst for this change in law enforcement policy was the enactment of legislation which provides an officer is immune from civfi liability if the officer makes an arrest when enforcing a court order. See section
741.29(5), Fla. Stat. (1995); Ch. 95-195, Laws of Florida. See, also, section
901.15(7)(b), Fla....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
may be made immediately or on fresh pursuit. Section
901.15, F. S. The sheriff, as executive officer of
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8109
...based the arrest and search and have concluded that they were sufficient to give him reasonable grounds to believe that a crime had been committed or was being committed and the person being arrested had committed it or was committing it. Fla.Stat. § 901.15(3), F.S.A.; see also State v....
CopyPublished | Florida 3rd District Court of Appeal
...We find this to be without merit. Garcia v. State, Fla.App. 1959,
110 So.2d 709; Casso v. State, Fla.App. 1966,
182 So.2d 252; Paula v. State, Fla.App. 1966,
188 So.2d 388; Martin v. State, Fla.App. 1967,
194 So.2d 291; State v. Outten, Fla. 1968,
206 So.2d 392; §
901.15, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 80
...for an assault on a specified official when M.W. obstructed or opposed him. Thus, to prove that M.W. committed the delinquent act of obstructing or opposing an officer without violence, the State was required to establish that Officer Smith was authorized to make the arrest. In pertinent part, section 901.15, Florida Statutes (2009), authorizes a law enforcement officer to arrest a person without a warrant when “[t]he person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer.” § 901.15(1)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 116871
...for an assault on a specified official when M.W. obstructed or opposed him. Thus, to prove that M.W. committed the delinquent act of obstructing or opposing an officer without violence, the State was required to establish that Officer Smith was authorized to make the arrest. In pertinent part, section 901.15, Florida Statutes (2009), authorizes a law enforcement officer to arrest a person without a warrant when "[t]he person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer." § 901.15(1)....
CopyPublished | District Court, S.D. Florida | 2014 WL 667408, 2014 U.S. Dist. LEXIS 24027
...Metropolitan Dade County,
677 So.2d 1005, 1005 (Fla.Dist.Ct.App.1996). An officer may make a warrantless arrest when he or she reasonably believes that a felony has been committed and that the person being arrested is committing or has committed that felony. FLA. STAT. §
901.15(3)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 986, 1990 WL 13534
...nd Consumer Services (Department), in which the Department resolved the Florida PBA’s petition for declaratory relief, by determining that the Department’s road guard inspection special officers do not possess felony arrest authority pursuant to section 901.15(11), Florida Statutes....
...570.15 and all other laws relating to livestock, citrus and citrus products, tomatoes, limes, avocados, plants, and other horticultural products and any section with respect to which any authority is conferred by law on the department, ... (emphasis supplied). Also during the 1988 session, the legislature amended section 901.15, Florida Statutes, which defines situations when a law enforcement officer may arrest a person without a warrant. See Ch. 88-381, § 53, Laws of Fla. The amendments created section 901.15(11), Florida Statutes (Supp....
...ent duties, he reasonably believes that a felony has been or is being committed; or (c) A felony warrant for the arrest has been issued and is being held for execution by another peace officer. Subsequent to the enactment of Chapter 88-381, creating section
901.15(11), the Florida PBA petitioned the Department for a declaratory statement to determine whether, in the view of the Department, road guard inspection special officers possess the warrantless felony arrest authority provided in section
901.15(11). The Department’s declaratory statement expressed the view that its special officers do not possess the warrantless felony arrest authority delineated in section
901.15(11). It is from the Department’s construction of section
901.15(11), as it pertains to its special officers, that this appeal is taken. The Florida PBA takes the position that section
901.15(11) clearly establishes that an individual employed by the state as a law enforcement officer as defined in section
943.10(1) possesses the authority to arrest without a warrant under the circumstances outlined in section
901.15(ll)(a)-(c), Florida Statutes. The PBA maintains that since section
901.15(11) is clear and unambiguous, the Department inappropriately relied on rules of statutory construction to limit the arrest authority of its special officers. According to the PBA, even if one assumed that section
901.15(11) were amenable to statutory construction, legislative intent must be determined from a consideration of the act as a whole....
...e controversy is presented because two equally clear statutes passed during the same legislative session bear upon the same issue. The Department distinguishes the two statutory provisions on the basis of their respective areas of application, i.e., section 901.15 was part of an omnibus crime prevention bill and applies generally to all law enforcement officers, while section 570.151 does not have general application....
...ial officers. It is the Department’s position that when the two statutes are harmonized so as to give meaning and a field of operation to both, it is clear that the Department’s special officers do not possess the felony arrest powers granted by section 901.15....
...570.-15 and all other laws relating to livestock, citrus and citrus products, tomatoes, limes, avocados, plants, and other horticultural products and any section with respect to which any authority is conferred by law on the department.” 1 The provisions of section 901.15(11), specify the circumstances in which a Florida law enforcement officer may arrest without a warrant....
...(1), and that both statutes pertain to the arrest authority of Florida’s law enforcement officers. Nevertheless, a comparison of the two statutes demonstrates that section 570.151(2) is a special statute covering a particular subject matter, while section 901.15(11) is a statute of general application. Section 570.151(2) mentions the specific areas in which a Department special officer has arrest authority, which arrest authority is directed expressly to matters within the jurisdiction of the Department. Thus, the authority to exercise the section 901.15(11) felony arrest power is implicitly *150 excluded because not enumerated in section 570.151(2)....
...matters disclosed by the warrantless search. 2 In making this determination, we are not unmindful that the Senate Staff Analysis, provided in the appendix to the Florida PBA’s brief, indicates that at its inception, one of the proposed purposes of section 901.15(11) was to broaden the warrantless arrest authority of road guard inspection special officers. However, we must be guided by the language of both section 570.151(2) and section 901.15(11), and not what the legislative staff may have intended....
...state, 49 Fla.Jur.2d Statutes § 126 (1984), clearly excludes the possibility of providing such authority to Marine Patrol officers, who are just as clearly not mentioned.
549 So.2d at 763-764 , footnote omitted. We conclude that the construction of section
901.15(11) espoused by the Florida PBA would serve to abrogate the express limitations on the warrantless arrest authority of road guard inspection special officers, as those limitations are delineated in section 570.151(2), and adopted at the same legislative session....
...However, in light of the import attendant upon any construction of a felony arrest statute, we certify the following question to the Florida Supreme Court as a question of great public importance: DOES THE WARRANTLESS FELONY ARREST AUTHORITY CONFERRED UPON LAW ENFORCEMENT OFFI *151 CERS, BY SECTION 901.15(11), FLORIDA STATUTES (SUPP.1988), APPLY TO THE ROAD GUARD INSPECTION SPECIAL OFFICERS EMPLOYED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES? BOOTH and ALLEN, JJ., concur....
...If a roadguard officer is in the process of visually examining the cargo of a vehicle pursuant to Section 570.151, Florida Statutes, and Rule 5E-12.003, F.A.C., and discovers contraband drugs, is he or she authorized to effectuate an arrest pursuant to Section 901.15, F.S.? III....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14913
...Upon being told, the appellant tried to forcibly take his sister from the officers. At this point, the officers arrested appellant for obstructing an officer. Appellant continued to resist the removal of his sister from the school grounds and he was arrested for resisting arrest. Section 901.15, Florida Statutes (1975), describes the occasion when arrests by officers without a warrant are lawful. That section provides, in part: “901.15 When arrest by officer without warrant is lawful.—A peace officer may arrest a person without a warrant when: ****** (2) A felony has been committed and he reasonably believes that the person committed it....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21870
...mplicated in the purse snatching upon which the grand larceny charge was predicated. Absent proof that the officer had probable cause to believe that appellant had committed the offense with which he was charged, the arrest cannot be sustained under section 901.15, Florida Statutes (1979)....
CopyPublished | Florida 4th District Court of Appeal
...Specifically, the motion argued the arresting officer did not witness the
defendant operating or in actual physical possession of a vehicle while
impaired, nor did he or any other fellow law enforcement officer personally
investigate the accident as sections
316.645 and
901.15(5), Florida
Statutes (2019), require for a warrantless arrest.
On appeal, the defendant argues the trial court erroneously denied her
suppression motion....
...Therefore, because the aide was not a law
enforcement officer with the power to arrest the defendant as required by
the fellow officer rule for a warrantless arrest, the arresting officer could
not rely on the public safety aide’s observations or investigation to
establish probable cause. See § 901.15(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...soned
“the State can prove their case because they have a wheel witness,
somebody who’s there.”
Absent a warrant, “an arrest for DUI must be supported by probable
cause.” Skinner v. State,
31 So. 3d 940, 943 (Fla. 1st DCA 2010) (citing §
901.151(4), Fla....
...assistance and the combined observations of the two or more
officers are united to establish the probable cause to the
arrest.
Wagner v. State,
361 So. 3d 388, 390–91 (Fla. 4th DCA 2023) (quoting
Sawyer v. State,
905 So. 2d 232, 234 (Fla. 2d DCA 2005)); see also §
901.15, Fla....
CopyPublished | Supreme Court of Florida
...charging him with committing the crime of forgery” and was told that he was then being held under and by virtue of said warrant. It is the position of the respondent' that this constituted a lawful arrest without a warrant within the provisions of Section 901.15(4) Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section
741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES....
...Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section
901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section
741.31, Florida Statutes....
...ing to property division, alimony, parental responsibility, parenting plan, time-sharing, child custody, or child support. *971 2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES....
CopyPublished | Supreme Court of Florida
property, and law enforcement may use their section
901.15(6), Florida Statutes, arrest powers to enforce
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15675
...E. g., Williams v. State,
210 So.2d 497 (Fla.2d DCA 1968). See Section
901.21, Florida Statutes. An arrest was proper in the case before us since probable cause existed to believe ap-pellee was committing a misdemeanor in the presence of an officer. Section
901.15, Florida Statutes....
CopyPublished | Court of Appeals for the Eleventh Circuit
...violated the Fourth Amendment because it was not done in accord with state law.
With an exception or two not relevant here, Florida law authorizes warrantless
arrests for misdemeanors only if they are committed in the officer’s presence. Fla.
Stat. Ann. § 901.15(1)....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4059
...Appellant’s objections have been considered in the light of the record and the briefs and we hold them to be without merit. The motion to suppress evidence was based on a contention that the arrest, made without a warrant twenty-four hours after the state received a tip, was not supported by probable cause. Section 901.15 Fla.Stat., F.S.A., which prescribes occasions when an arrest may be made by an officer without a warrant includes: “When a felony has in fact been committed, and he has reasonable ground to believe that the person to be arrested has...
CopyPublished | Supreme Court of Florida
...costs against the
respondent.
Law enforcement is hereby directed to:
Other relief:
This injunction is valid and enforceable in all Florida counties, does not
affect title to real property, and law enforcement may use their section
901.15(6), Florida Statutes, arrest powers to enforce its terms.
DONE and ORDERED on .....(date)........
...his judgment, including filing fees and
service charges, are to be paid by the respondent.
Other:
This injunction is valid and enforceable in all Florida counties, does not
affect title to real property, and law enforcement may use section 901.15(6),
Florida Statutes, arrest powers to enforce its terms.
DONE and ORDERED on .....(date)......
Judge
CC: All parties and counsel of record
COPIES TO: (Check those that apply)
Petitioner:
by U.S....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
...to another (or attempting to do so). The law is clear
that we expect officers to temporarily detain a person
encountered under circumstances creating a reasona-
ble suspicion of criminal activity. § 901.151, Fla. Stat.
(2017). Then, if there is probable cause to believe that
the person committed a felony, law enforcement is
authorized to immediately effectuate the arrest, un-
der section 901.15, Florida Statutes (2017), and should
USCA11 Case: 20-11994 Document: 53-1 Date Filed: 08/28/2023 Page: 24 of 56
24 Opinion of the Court 20-11994
clearly do so...
CopyPublished | District Court of Appeal of Florida
committed in the presence of the arresting officer. §
901.15(1), Fla.Stat, F.S.A. This motion was subsequently
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 143181, 2010 WL 6755743
...oing violence to the person of the officer." Fla. Stat. §
843.02. [17] Under both Florida and federal law, committing a misdemeanor in the presence of a police officer creates probable cause for arrest. See Lee,
284 F.3d at 1196 ( citing Fla. Stat. §
901.15(1)); Atwater v....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 8192, 1991 WL 159157
...On remand, the trial court may consider and take further evidence (if necessary) on the question of whether the stop was pretextual, since it did not reach that issue prior to dismissing the petition. REVERSED and REMANDED. COWART, J., concurs. HARRIS, J., concurs specially with opinion. . Section
843.02, Fla.Stat. (1989). . Section
901.15(1), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 3850872
...ce officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); see also §
901.151(2), Fla....
...Errickson v. State,
855 So.2d 700, 702 (Fla. 4th DCA 2003). The third level of police-citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. See Popple,
626 So.2d at 186; see also §
901.15, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Nieves for the offense of domestic battery does not, by
itself, excuse the police from getting a warrant before entering a space protected by the
Fourth Amendment to arrest him for that offense.3
3The State argues otherwise, relying on section 901.15(7), Florida
Statutes (2017), which permits a warrantless arrest when the police have "probable
cause to believe that [a] person has committed an act of domestic violence." It is
possible that the warrantless entry to effect Mr....
...reached the conclusion argued by the State
here in State v. Perez,
277 So. 2d 778 (Fla. 1973)); Bennett,
46 So. 3d at 1185-86 (Fla.
2d DCA 2010) (holding that a warrantless arrest was unconstitutional under Payton
even though authorized by sections
901.15 and
901.19); Johnson v....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5681, 1990 WL 108841
...malicious prosecution counts were in sharp dis *632 pute and summary judgment was thus improper. Under Florida law, a police officer can arrest without a warrant if a violation of a municipal ordinance or a misdemeanor is committed in his presence. § 901.15, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3989, 2000 WL 347099
...e have probable cause to believe that a traffic violation has occurred,” we do not believe that the United States Supreme Court intended to changed the long-standing standard of "founded" or "reasonable” suspicion to initiate a Terry stop. . See § 901.15(5), Fla....
CopyPublished | Florida 1st District Court of Appeal
...criminal justice
discipline”).
Next, having established certification standards for law-
enforcement officers, the Legislature enumerates a variety of
circumstances when a “law enforcement officer may arrest a
person without a warrant.” § 901.15, Fla. Stat.; see also § 901.1505,
Fla. Stat. (giving a “federal law enforcement officer” the authority
to make warrantless arrests under certain circumstances, to use
force when reasonably necessary, and to conduct a warrantless
search incident to arrest); cf. § 901.151, Fla....
...s, utilizing
their weapons in a manner which is reasonably expected of on-duty
officers in similar situations”).
A law enforcement officer has extensive statutory powers of
arrest, including outside his jurisdiction in certain instances. See
§ 901.15, Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...public entity which the arresting officer serves. (In this regard, it might be noted that a municipal officer, like other peace officers, has no right to arrest without a warrant in cases of misdemeanor unless the crime is committed in his presence. Section 901.15 , F.S.; Hutchinson v....
CopyPublished | District Court of Appeal of Florida
Appellant’s arrest was not authorized under section
901.15, Florida Statutes (2019). Counsel
CopyPublished | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 8981, 2000 WL 506870
...The Court agrees. 1) Plaintiff's Claim for False Arrest Probable cause constitutes a complete defense to a false arrest claim. Von Stein v. Brescher,
904 F.2d 572, 584 n. 19 (11th Cir.1990); LeGrand v. Dean, 564 *
1326 So.2d 510, 511 (Fla. 5th DCA 1990); Section
901.15(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2866
...venile with a misdemeanor offense is subject to dismissal on the asserted ground that the police officer, who caused the arrest leading to the ultimate prosecution of the juvenile for said offense, had no lawful authority to effect such arrest under Section 901.15(1), Florida Statutes (1987)....
...Based on the above facts, the respondent urged below that Officer Edwards had no lawful authority to jointly (with L.C.’s mother) swear out the complaint/arrest affidavit which led to the respondent’s arrest and the filing of the subject delinquency petition because (a) Section 901.15(1), Florida Statutes (1987), prohibits a police officer from making a warrantless arrest of a person for a misdemeanor committed outside the presence of the arresting officer, and (b) the battery (a misdemeanor) allegedly committed by the respondent herein took place outside the presence of Officer Edwards....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7598
granted to him by the arrest statute, Fla.Stat. § 901.-15, F.S.A. See also Rosenberg v. State, Fla.App.1972
CopyPublished | Court of Appeals for the Eleventh Circuit
...a. Stat. §
316.003(19).
16
USCA11 Case: 18-14682 Date Filed: 04/20/2021 Page: 17 of 67
to conduct a warrantless arrest for any violation of § 316 committed in his
presence. Id. §
901.15(5).
Because Crocker’s car was parked on the shoulder of I-95, a “limited access
facility,” the district court held that Beatty had probable cause to arrest him....
...rth
Amendment, it violated state law because the governing Florida statute requires the
offense at issue to occur “in the presence of the officer”—and here, Crocker
contends, the offense didn’t occur in Beatty’s presence. See Fla. Stat. § 901.15(5).
For support, Crocker points out that Florida “courts have strictly construed the
‘presence of the officer’ language, requiring that the arresting officer actually see
or otherwise detect by his senses that the person has violated the ordinance.”
Horsley v....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15119
...building in a black neighborhood. The evidence showed that the police announced their purpose and were voluntarily admitted into the building. Accordingly, we find that the officers were justified in arresting Bittner without a warrant, pursuant to § 901.15, Fla.Stat., and that the circumstances of their entry complied with the requirements of Bene-field v....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14061
...eanor of assault and battery that was not committed in the officer’s presence” and granted a defense motion to suppress evidence of narcotic drugs and paraphernalia found upon the person of appellee during the body search following his arrest. F.S. 901.15 permits a warrantless arrest for a misdemeanor only when committed “in the presence of the officer.” In Malone v....
...ing a misdemean- or.” (
264 So.2d 69 , emphasis added) We conclude that, under the facts as revealed by the uncontroverted evidence in *385 this case, the misdemeanor was committed “in the presence of the officer” within the contemplation of F.S.
901.15....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...nty where the municipality is located, have the authority to make arrests for violations of municipal ordinances within said municipality? SUMMARY: A deputy sheriff has the authority to make arrests for violations of municipal ordinances pursuant to s. 901.15 , F.S....
...e proper court to answer for a crime. Melton v. State,
75 So.2d 291 (Fla. 1954). According to the laws of Florida, a police officer may effect an arrest pursuant to the issuance of an arrest warrant or under certain prescribed conditions pursuant to s.
901.15 , F.S., without a warrant. Section
901.15 , F.S., reads as follows: "A peace officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal ordinance in the presence of the officer....
...(4) A warrant for the arrest has been issued and is held by another peace officer for execution. (5) A violation of chapter 316 has been committed in the presence of the officer. Such arrest may be made immediately or on fresh pursuit." (Emphasis supplied.) Clearly, under s. 901.15 (1), F.S., a deputy sheriff has the authority to make arrests for violations of a municipal ordinance whether the sheriff's office has specifically contracted to work with a municipality or not. Therefore, contractual arrangements between a county and a municipality in no way affect the arrest powers of a deputy sheriff when he is effecting an arrest under s. 901.15 , F.S.
CopyPublished | Florida 1st District Court of Appeal
...been committed.” Dep't of Highway Safety & Motor Vehicles v.
Favino,
667 So. 2d 305, 309 (Fla. 1st DCA 1995). A law
enforcement officer may arrest a person without a warrant when
there is probable cause to believe that the person has committed
an act of domestic violence. See §
901.15(7), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7661
car to make an arrest without a warrant under F.S.
901.15, F.S.A. Kaymore v. State, Fla.App.1st, 1972,
CopyPublished | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 5934, 1996 WL 224784
...§
316.193 which requires that a person be: 1) driving or in actual physical control of a vehicle; and 2) under the influence of alcoholic beverages to the extent that the normal facilities are impaired or have a blood or breath alcohol level of .08 or higher. Both the government and defendant agree that Fla.Stat. §
901.15(5) governs the issue presented in the motion to suppress. Moreover, the validity of a warrantless arrest in a misdemeanor case is usually governed by state law. Johnson v. United States,
333 U.S. 10 , 15 n. 5,
68 S.Ct. 367 , 369 n. 5,
92 L.Ed. 436 (1948) (citation omitted). Fla.Stat. §
901.15(5) provides that a law enforcement officer may arrest a person without a warrant when “a violation of Chapter 316 has been committed in the presence of the officer ..." While agreeing that the officer had the right to approach defendant b...
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2906, 2009 WL 839031
...erally applicable to law enforcement officers. See, e.g., State v. Bell,
873 So.2d 476, 477 (Fla. 2d DCA 2004) (citing the Stop and Frisk Law, section 901.161, Florida Statutes (2001)); State v. Howard,
411 So.2d 372, 376 (Fla. 4th DCA 1982) (citing section
901.15, governing lawful arrest without a warrant)....
