Florida/Georgia Personal Injury & Workers Compensation

...nian penalty. U.S. Const. amend. IV. As his second issue, Johnson argues that his confessions should have been suppressed for a variety of reasons. He states that Officer Castro violated the procedures established under either section 901.16 *659 or section 901.17, Florida Statutes (1987)....

...inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform him, or when giving the information will imperil the arrest. Section 901.17, Florida Statutes (1987), states: A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer ha...

...d struck him with a flashlight without identifying himself as a police officer, or announcing the fact, authority, or reason for the arrest. Under Charles’ version of the facts, the arrest would have been illegal under Florida law. Fla.Stat. *1536 § 901.17 (1983)....

...The recitation of specific testimony in this opinion should not be construed as discounting the probative value of other evidence in the record. The court merely intends to cite exam- *1536 pies of the type of testimony which the court obviously overlooked. 2 . 901.17, Method of arrest by officer without warrant A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer...

...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. Stats. 1941, provides for arrest by officers without warrant. Section 901.17, Fla....

...ounds to believe that the appellant had assaulted the women in Apartment No. 10. Sub-section 901.15, Fla. Stats. 1941, authorizes the arrest by the officers as shown to have been made. Counsel contends it was the duty of the arresting officers under Section 901.17, Fla....

...termining the alcoholic content therein. Such withdrawal of blood shall be performed only at a hospital, clinic, or other medical facility. This limitation shall not apply to the taking of breath, urine, or saliva specimens." [13] F.S. § 901.16 and § 901.17, F.S.A., require officer making arrest to inform person arrested of his authority and the cause of the arrest....

...(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. (4) A warrant for the arrest has been issued and is held by another peace officer for execution." and Section 901.17 provides, "Method of arrest by officer without warrant....

...1954, 75 So.2d 291; Range v. State, Fla.App. 1963, 156 So.2d 534. However, there is no required form of words to announce the purpose to arrest. See: Giblin v. City of Coral Gables, Fla. 1963, 149 So.2d 561; 5 Am.Jur.2d, Arrest, § 1. Furthermore, while § 901.17 Fla....

...Therefore, according to appellant, his arrest was illegal and his subsequent statement made to Doyle, the fruit of the illegal arrest, should be excluded under Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The statute involved is Section 901.17, Florida Statutes (1979) which directs that a peace officer making a warrantless arrest shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer...

...he arrest will result in that arrest being illegal. We need not reach that issue and its concomitant nuances, [1] *1240 however, because we conclude that the circumstances before us place this cause squarely within an exception to the rule. Although Section 901.17 directs that the officer shall inform the person of the cause of the arrest, it also allows for exceptions. Pointing to the fact that the legislature substantially revised Section 901.17 in 1970, appellant contends that its intent was to delete the only exceptions arguably applicable to the facts of his case. We disagree. In its present revised form, the section lacks nothing of its original intent and purpose, if only its original verbosity. Before it was amended in 1970, Section 901.17 read as follows: When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense...

...One indicator of the legislature's intent is the title of the law enacting the statute, especially where, as here, "`the phraseology of the act is susceptible of more than one interpretation.'" Parker v. State, 406 So.2d 1089, 1092 (Fla. 1981). The title to Chapter 70-339, Laws of Florida, enacting the present Section 901.17, states in pertinent part: AN ACT relating to criminal procedure; ......

...ed an opportunity, and relieved of the duty, to inform the person of the cause of arrest. On the contrary, keeping in mind our initial premise concerning the legislative intent of this statutory amendment, we construe the term "flees" in the present Section 901.17 as including when a person "is pursued immediately after" the commission of a crime....

...ie Tank Lines, Inc. v. McCauley, 418 So.2d 1177, 1179-1180 (Fla. 1st DCA 1982). [2] There is no doubt that the phrase, "before the officer has an opportunity to inform him," is a qualifying phrase. Consequently, we consider the exceptions to present Section 901.17 to be three: (1) when the person flees; (2) when the person forcibly resists before the officer has an opportunity to inform him; or (3) when giving the information will imperil the arrest....

...Although our holding today is such that we need not reach these issues, two Florida decisions, and decisions in several other jurisdictions having similar statutes, would indicate a lesser standard. See Flowers v. State, 152 Fla. 649, 12 So.2d 772 (1943) (Brown, J. dissenting on other grounds) (failure to comply with 901.17 would not necessarily render a free and voluntary confession inadmissible in evidence); and City of Miami v....

...Even if the court abused its discretion in admitting the recitation, the error was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Appellant argues that his statement upon arrest [4] should have been suppressed, because he was not immediately informed of the reason for his arrest. He asserts a violation of section 901.17, Florida Statutes (1987)....

...ides agree appellant was informed within thirty minutes. Even assuming this later occasion was the first notice of the cause of arrest, there simply is no credible evidence that appellant's spontaneous statement was a direct result of a violation of section 901.17....

...ssion hearing and trial, not for any reason attributable to the prosecution. Moreover, there were about thirty people in the holding cell — appellant could have been any or none of these. [4] "That was not a murder. That was more like a fight." [5] Section 901.17 provides: A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform him or when giving the information will imperil the arrest....

...The Circuit Court correctly found in its order on appeal that it was not necessary for the officer to inform the defendant of the charge against him at the time he was arrested, since defendant was then in the process of committing the offense. Florida Statutes § 901.17, F.S.A....

...appropriately when confronted with the threat resulting from the physical altercation that was arising. 4 enforcement officer before he attempted to detain Respondent as required by section 901.17, Florida Statutes....

...ts of law in denying his motion for summary judgment on that claim. In reaching this conclusion, we have not overlooked the trial court’s determination that there are disputed issues of fact concerning Officer Johnson’s compliance with section 901.17, Florida Statutes....

...on identified himself as a law enforcement officer during the physical altercation that occurred prior to, and was the grounds for, 11 Respondent’s arrest. Third, an officer’s failure to comply with section 901.17 does not render the arrest illegal; it is merely a fact the jury can consider in the defendant’s criminal case in evaluating the reasonableness of the defendant’s actions....

...As such, a prima facie case was established and a judgment of acquittal was properly denied. *206 We also question the defendant's contention that the arrest was made in an unlawful manner because he was not informed of the cause of his arrest pursuant to section 901.17, Florida Statutes (1991), which governs warrantless arrests. [2] The facts establish that the defendant ran from the detective after being told to put his hands on the car, thus preventing the detective from complying with section 901.17. We note that this section excuses compliance where "the person flees ... before the officer has an opportunity to inform him" of the officer's authority and the reason for the arrest. § 901.17, Fla....

...Anderson, 639 So.2d 609 (Fla. 1994); McPhee; Starks v. State, 627 So.2d 1194 (Fla. 3d DCA 1993). While the defendant maintains the arrest was unlawful, he failed to request a jury instruction on his defense that the arrest was not effected in compliance with section 901.17....

...n, questions whether the lawfulness of an arrest should even constitute an essential element of resisting arrest without violence as opposed to a defense. Foreshaw v. State, 639 So.2d 683 (Fla. 5th DCA 1994) (Harris, C.J., concurring specially). [2] Section 901.17, Florida Statutes (1991) provides in pertinent part: A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest......

...Section 843.02, Florida Statutes (2003), provides that “[w]hoever shall resist, obstruct, or oppose any officer ... in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree....” Section 901.17, Florida Statutes (2003), entitled, “Method of arrest by officer without warrant,” provides: A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer’s authority and the cause of th...

..., (2) the facts in the case support the giving of the instruction, and (3) the instruction was necessary to allow the jury to properly resolve the issues in the case.” Id. at 680. The last paragraph of Albury’s requested instruction derives from section 901.17 and Jones v. State, 640 So.2d 204, 206 (Fla. 4th DCA 1994). There was no testimony at trial that the officers complied with the requirements of section 901.17 by informing Albury of the cause of his arrest or detention....

...dants under arrest by physically touching each sus- *1301 peet and, through an interpreter, informing each one that he was under arrest for trafficking in cocaine and for possession of cocaine. Johnson’s actions constituted the actual arrests. See § 901.17, Fla.Stat....

...(2018). The Florida Supreme Court has held that section 901.16 is subject to a substantial compliance analysis because the statute does not have “a constitutional dimension.” See Johnson v. State, 660 So. 2d 648, 659 (Fla. 1995) (“Arrest statutes such as [sections 901.16 and 901.17] are subject to 4 a substantial compliance analysis because they direct ministerial acts not of a constitutional dimension.” (internal citations omitted)); cf....

...case where the officer informed the appellant that there was an outstanding warrant for his arrest, but that he did not know the specific cause for the warrant); see also City of Miami v. Nelson, 186 So. 2d 535, 537 n.1 (Fla. 3d DCA 1966) (“Furthermore, while [section 901.17] requires that an officer effecting an arrest without a warrant inform the person to be arrested of his authority and the cause of the arrest, the fact that the person to be arrested is not informed of the cause of the arrest until...

...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). In making such an arrest, he must state his authority and the cause for arrest to the alleged traffic violator subject to the conditions specified in s. 901.17 , F....

...AS TO QUESTION 2: The authority of a circuit judge to make arrests, as a conservator of the peace and peace officer, for violations of Ch. 316, F. S., committed in his presence is established by Ch. 901, F. S., and, accordingly, the proper procedure to be followed in effectuating such arrests is also prescribed by Ch. 901. Section 901.17 provides: A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform him or when giving the information will imperil the arrest....

...ntention or purpose then and there to arrest; and (4) An understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him. [Melton v. State, 75 So.2d 291 , 294 (Fla. 1954).] Section 901.17 , F.S., states that an officer making an arrest without a warrant "shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity t...

...Civil Service Board of Orlando, 327 So.2d 230 , 232 (4 D.C.A. Fla., 1975). Also see City of St. Petersburg v. Reed, supra, in which the court stated that the decisional rule of Nelson and Alexander had been codified in s. 776.05 , F. S., by Ch. 75-64, Laws of Florida. AS TO QUESTION 3: Section 901.17 , F....

...Additionally, in the event an arrest warrant has been issued, the officer must advise the person to be arrested of that fact unless the person is fleeing or the recital of this information would imperil the arrest. Section 901.16 , F. S. Thus, when ss. 901.17 and 776.05 , F....

...suspected of committing or being about to commit a law violation). A law enforcement officer, together with any other peace officer, must “inform the person to be arrested of the officer’s authority and the cause for arrest” when arresting without a warrant. § 901.17, Fla....