CopyCited 35 times | Published | Supreme Court of Florida | 152 Fla. 649, 1943 Fla. LEXIS 998
...535 , 52 L.R.A. 751 ; People v. Stein, 265 Mich. 610 , 251 N.W. 788 , 92 A.L.R. 481 , and annotations at pages 490-501; 5 C.J. pp. 396 and 408; 6 C.J.S. 592; Agnello v. United States, 269 U. S. 20 ,
70 L. Ed. 145 , 46 Sup. Ct. 4, 51 A.L.R. 409 , and annotations. Section
901.22 Fla....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...s such action. Since section
901.19, Florida Statutes (1979), suffers the same defect, the requirements of Payton must be applied to petitioner's arrest here. In reversing the order of the trial court in the instant case, the circuit court relied on section
901.22, Florida Statutes (1979), and Bey v....
...to arrest him, which communication was acknowledged by the defendant, and had the present power to control the defendant. The officer's act in following the defendant into his home was viewed as within the scope of authority given the officer under section 901.22 to retake an arrested person who has escaped....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...The officer then stated to appellant that he was under arrest for reckless driving and ordered him to halt. Appellant acknowledged this statement by saying, "You can't arrest me," and then attempted to escape into his home. The officer immediately followed appellant onto the premises where the act of violence occurred. Section 901.22, Florida Statutes (1975) provides that "[i]f a person lawfully arrested escapes or is rescued, the person from whose custody he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a...
...cer had effected a constructive arrest of appellant who then attempted to escape. Thereafter, when the officer pursued appellant onto the premises for the purpose of retaking him, the officer was acting within the scope of his legal duty pursuant to Section 901.22, Florida Statutes (1975)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...pal ordinance, she was then under arrest; that the subsequent attempt by the appellee to flee the custody of the arresting officer permitted the arresting officer, without warrant, to retake the appellee into custody by immediate pursuit pursuant to § 901.22, Fla. Stat., F.S.A. Section 901.22, supra, provides: "If a person lawfully arrested escapes or is rescued, the person from whose custody he escapes or was rescued or any other officer may immediately pursue and retake him without a warrant at any time and in any place w...
...s of this statute, that the subsequent rescue or re-arrest in Miami was legal. See opinion of Attorney General of Florida, No. 60-9, 1960. 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....
...Schroeder, 220 Mo. App. 575, 287 S.W. 861, 863-64. If the initial arrest was legal, there would appear to be no liability for a re-arrest. On the other hand, if there was no lawful arrest initially, then the city could not claim a lawful re-arrest pursuant to § 901.22, supra, and such alleged re-arrest would be ultra vires....
...n the center of a street, and uncompensable upon the other side of the street. 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....
...There would remain for trial as to liability, the issues of whether the officer who made the arrest had substantial reason to believe the plaintiff was violating a city ordinance and whether the force used was reasonable under the circumstances. NOTES [1] Section 901.22, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2609404
...e striking. A statute, though, provided that if a person is "lawfully arrested" and escapes, the officer from whose custody he escapes may pursue and retake him without a warrant "`at any time and in any place.'" Id. at 851 (quoting Florida Statutes section 901.22)....
