Florida/Georgia Personal Injury & Workers Compensation

...he person so arrested before a magistrate having jurisdiction and make the com *659 plaint authorized by law, and obtain a warrant for which the person was arrested. The person arrested shall have the right to an interview and advise of counsel. See Section 901.25, Fla....

...Shipman, 370 So.2d 1195, 1196 (Fla. 4th DCA 1979), cert. denied, 381 So.2d 769 (Fla. 1980). One exception to this general principle, which the state urges us to apply here, is that officers can make an official arrest outside their jurisdiction when in fresh pursuit. [1] § 901.25, Fla....

...The four occupants were arrested for robbery and all relevant evidence was seized. It was undisputed that the arrest and seizure took place within the city of Fort Lauderdale and was effectuated by Pompano Beach police officers. Based upon the foregoing historical facts, the trial court concluded that pursuant to section 901.25, Florida Statutes (1997), the Pompano Beach police officers were in fresh pursuit and entitled to effectuate a valid arrest outside their jurisdiction which thereafter led to a valid search and seizure....

...The power to arrest after fresh pursuit presupposes that the officer had legally sufficient grounds to detain or arrest before they left their jurisdiction." Id. (citations omitted). "Fresh pursuit" and "arrest outside the jurisdiction" are defined, in pertinent part, in section 901.25, Florida Statutes (1997), as follows: (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony....

...The fresh pursuit exception hamstrings these criminals by authorizing the pursuing officer to stop and arrest the fleeing criminal in the foreign jurisdiction. City of Wenatchee v. Durham, 43 Wash. App. 547, 718 P.2d 819, 821 (1986). In arriving at the conclusion that section 901.25 entitled the Pompano Beach police officers to arrest Porter outside their jurisdiction, the trial court found the following: The evidence reveals that the alleged robbery occurred at a location near Dixie Highway and Atlantic Boulevard....

...A BOLO was issued for the vehicle. The vehicle was not spotted within the jurisdiction but was first located outside the Indian reservation. Therefore, there was no pursuit from within the jurisdiction into the new jurisdiction. The doctrine of fresh pursuit does not apply. Id. Section 901.25, Florida Statutes (1997), however, contains none of the restrictions on fresh pursuit as does the above quoted portion of Greer. Section 901.25 makes no mention that the crime committed must be one which is continuing during the pursuit nor does it require the police officers to spot the vehicle within their jurisdiction. There is nothing in section 901.25 to suggest that fresh pursuit is somehow negated by virtue of the fact that the perpetrator and/or his vehicle are located for the first time outside the officers' jurisdiction....

...g the next, each boasting its own police force and populated by hundreds of drivers routinely crossing municipal boundaries." This is not a new phenomenon and we must assume the legislature was cognizant of this spreading megalopolis when it amended section 901.25 in 1978 to its present form....

...Even a honey bee with no reasoning powers guarding her hive can detect the robber bee in flight because it, being laden with guilt and apprehension rather than pollen and nectar, approaches a landing too high, too slow and too hesitantly. [16] See § 901.25(1), Fla....

...Two factors should be kept in mind: (1) the Fort Lauderdale police were completely out of their lawful jurisdiction, and (2) there was nothing to indicate or support a "hot pursuit" theory so as to give the police extra jurisdictional powers under Section 901.25 Florida Statutes (1978)....

...fied the following issues to this court as issues of great public importance, pursuant *42 to Florida Rules of Appellate Procedure 9.030(b)(4)(A) and 9.160: I. WHETHER AN OFF-DUTY POLICE OFFICER IS AN OFFICER FOR PURPOSES OF FLORIDA STATUTES 901.18, 901.25(2) AND THE "FELLOW OFFICER" DOCTRINE. II. WHETHER AN OFFICER IS IN "FRESH PURSUIT", WITHIN THE MEANING OF FLORIDA STATUTE 901.25, WHERE HIS TESTIMONY ESTABLISHES THAT HE HAS PROBABLE CAUSE TO ARREST A SUSPECT FOR VIOLATIONS OF LAW COMMITTED IN HIS JURISDICTION, AND FOLLOWS THE SUSPECT INTO A FOREIGN JURISDICTION WITH THE INTENTION TO HAVE THE SUSPECT STOPPED OR ARRESTED...

...as to constitute a breach of the peace and a violation of various traffic laws under Chapter 316, Florida Statutes. The court further found that Officer Christoffers, as a sworn police officer, could have properly arrested the defendant pursuant to section 901.25(2), Florida Statutes, (1997) in "fresh pursuit" outside of his jurisdiction, for a suspected violation of chapter 316 that occurred within his jurisdiction....

...Section 901.18, Florida Statutes (1997), authorizes a "peace officer" making a lawful arrest to command the aid of persons he deems necessary to make the arrest, and confers on persons so commanded 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....

..."peace officer" [2] or "law enforcement officer" and had the requisite authority to command the assistance of another person in making an arrest under section 901.18 and to make an arrest, outside his jurisdiction, while in fresh pursuit pursuant to section 901.25(2), Florida Statutes (1997)....

...making a lawful 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....

...ds to detain or arrest before they left their jurisdiction." State v. Phoenix, 428 So.2d 262, 265(Fla. 4th DCA 1982), decision approved *45 and remanded, 455 So.2d 1024 (Fla.1984). "Fresh pursuit" and "arrest outside the jurisdiction" are defined by section 901.25, Florida Statutes (1995), in pertinent part, as follows: (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony.......

...ity conferred by section 901.15(5). Moreover, because the City of Avon Park has adopted chapter 316 of the Florida Statutes in its municipal ordinances, respondent's apparent violation of section 316.089(1) clothed Officer Green with authority under section 901.25(2), Florida Statutes (1981), [1] to arrest on fresh pursuit *1087 across jurisdictional lines for violation of a city ordinance....

...mming from the arrest is QUASHED. That part of the circuit court decision affirming the trial court's suppression of the breathalyzer results is AFFIRMED for the reasons herein expressed. DANAHY and LEHAN, JJ., concur. NOTES [1] Relevant portions of section 901.25(1) and (2) provide: (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law......

...The officer then looked underneath the towel and found a .357 Magnum. Appellant first contends that the fruits of the search should be suppressed because the officer acted outside his territorial jurisdiction without legal authority. We disagree. Sub-sections one and two of section 901.25, Florida Statutes (Supp....

...something." AFFIRMED. DOWNEY, J., and PEARSON, DANIEL S., Associate Judge, concur. NOTES [1] Carson v. Pape, 15 Wis.2d 300, 112 N.W.2d 693 (1961); Gattus v. State, 204 Md. 589, 105 A.2d 661 (1954); Black's Law Dictionary 600 (5th ed. 1979). [2] When section 901.25 was amended in 1978 by the Florida Legislature, violations of sections 316.605 and 316.610 were deemed to be infractions by section 316.655(1), Florida Statutes (1977)....

...We think the evidence was sufficient to establish that Officer Knowles was engaged in the lawful execution of a legal duty at the time of the incident. A municipal police officer, although not authorized to arrest outside his jurisdiction unless such arrest is in "hot pursuit", Section 901.25, Florida Statutes (1975), may conduct a lawful investigation outside his territorial jurisdiction....

...ar kicking in" constituted a reasonable suspicion of a speeding violation so as to justify stop of vehicle). The officer's reasonable suspicion that the truck was speeding justifies the extraterritorial stop under a fresh pursuit theory. Pursuant to section 901.25, Florida Statutes (1991), an officer with arrest power may arrest a person outside his jurisdiction when in fresh pursuit. Fresh pursuit includes "pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor." § 901.25(1), Fla....

...The defendants were in a white van as described in the BOLO, the only variation being that there were additional suspects in the back cargo area of the vehicle. The issue thus becomes whether, in light of his location at the time of the BOLO, Detective King was in fresh pursuit of the defendants within the meaning of Section 901.25, Florida Statutes....

...Generally, an officer does not have any official power to make an arrest outside the officer's jurisdiction. See Porter v. State, 765 So.2d 76, 78 (Fla. 4th DCA 2000); State v. Sobrino, 587 So.2d 1347, 1347 (Fla. 3d DCA 1991). However, pursuant to Section 901.25, Florida Statutes, an arrest made outside the officer's jurisdiction can be validated. Section 901.25, Florida Statutes, governing the concept of fresh pursuit and arrests outside the jurisdiction, provides: (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of...

...Such officer shall have the same authority to arrest and hold such person in custody outside his or her jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. § 901.25, Fla....

...State, 455 So.2d 1024, 1025 (Fla.1984) (explaining that law enforcement officials outside their jurisdiction "should not be any less capable . . . of making a felony arrest than a private citizen," nor have a greater power; however, law enforcement officials may not make citizen's arrests under color of their office); § 901.25, Fla....

...Thus, the detention in McAnnis constituted a proper citizen's arrest. Succinctly, a police officer has no power to effect a "stop" outside of his territorial jurisdiction unless there exists exigent circumstances, or the officer is on fresh pursuit. See § 901.25, Fla....

...n this record. The order under review should be reversed. NOTES [1] The fact that an arrest is illegal does not, without more, bar prosecution of a defendant. State v. E.T., 560 So.2d 1282 (Fla. 3d DCA 1990). [2] The State has disclaimed reliance on section 901.25, Florida Statutes (1989)....

...As far as the City of Golden Beach is concerned, it is our opinion that the trial judge was correct in directing a verdict in the City's favor. The case proceeded to trial against the City based upon the doctrine of respondeat superior. Pursuant to Section 901.25, Florida Statutes (1975), the Golden Beach officers had no authority to cross county lines and arrest someone in Broward County. Section 901.25 provides that: "Municipal officer, arrest outside corporate limits in fresh pursuit....

...obviously he couldn't." Calhoun arrested respondent for (a) leaving the scene of an accident with property damage, and (b) DWI. The statutory authority for arresting a person outside an officer's jurisdiction while the officer is in fresh pursuit is section 901.25, Florida Statutes (1981)....

...ty and arrested the defendants in the City of Miami. [1] The only evidence sought to be suppressed was procured by the police before the arrest occurred. Reversed and remanded. NOTES [1] The trial court also found that this arrest was unlawful under Section 901.25, Florida Statutes (1979)....

...Additionally, because *188 the police officers were not conducting a lawful investigation of their own outside of the city limits of Zephyrhills, and were not in "fresh pursuit" of the appellant, they had no authority to arrest the appellant under section 901.25, Florida Statutes (1981)....

...ipal ordinances dealing with water safety? SUMMARY: Municipal officers may enforce restricted areas and local ordinances on waterways within their jurisdiction, as provided in Ch. 371, F.S. Said enforcement may be by fresh pursuit in accordance with s. 901.25 , F.S....

...— 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. Arrest for the commission of a misdemeanor or violation of a municipal ordinance shall be made immediately or in fresh pursuit. Section 901.25 , F. S., further provides for a municipal officer to make a fresh pursuit of a person under certain prescribed conditions, when it states: 901.25 Municipal officer, arrest outside corporate limits in fresh pursuit....

outside an officer’s jurisdiction is authorized by § 901.25 where, as here, the officer is in fresh pursuit

...he officer would be subject to review as if it were the action of a private citizen. The Legislature has provided statutory authority for municipal police officers to exercise their powers extraterritorially under certain circumstances. For example, section 901.25 , Florida Statutes, authorizes a municipal police officer to make arrests outside the officer's jurisdiction, if the officer is in fresh pursuit....

...VIII of the State Constitution[.]" 2 See, Ramer v. State, 530 So.2d 915 (Fla. 1988) (city police officer lacked authority to seize vehicle on private property outside city limits); Collins v. State, 143 So.2d 700 (Fla. 2d DCA 1962), cert. denied, 148 So.2d 280 (Fla. 1962). 3 Section 901.25 (2), Fla....

...Such officer shall have the same authority to arrest and hold such person in custody outside his jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. 4 See, s. 901.252 , Fla....

1962); Ramer v. State, supra at footnote 2. 8 Section 901.25(2), F.S. And see, s. 901.25(1), F.S., which

Miami, 211 So.2d 36 (3 D.C.A. Fla., 1968). Section 901.25(2), F.S., which was in effect on January 2

person has committed or is committing a felony." Section 901.25, Florida Statutes, was been subsequently amended3

...municipalities, including the City of Maitland, the power to exercise police powers outside of its jurisdiction by general law in at least two instances cited by the State. The first instance, which does not apply here, is fresh pursuit, pursuant to section 901.25, Florida Statutes (2004)....

...'s action must be sustained, if at all, as the actions of a private citizen. The Legislature, however, has authorized municipal law enforcement officers to exercise their powers outside of their jurisdiction under certain circumstances. For example, section 901.25 , Florida Statutes, authorizes a municipal police officer to make arrests outside of the officer's jurisdiction when in fresh pursuit....

...VIII of the State Constitution[.]" 3 See, e.g., Ramer v. State, 530 So.2d 915 (Fla. 1988) (city police officer lacked authority to seize vehicle on private property outside city limits); Collins v. State, 143 So.2d 700 (Fla. 2d DCA 1962), cert. denied, 148 So.2d 280 (Fla. 1962). 4 See, s. 901.25 (2), Fla....

...Such officer shall have the same authority to arrest and hold such person in custody outside his jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. 5 See, s. 901.252 , Fla....

...raised may again be argued to this court in an appeal or interlocutory appeal, we hereby clarify our original denial of the petition as follows: We deny the petition for writ of prohibition because of lack of jurisdiction. The possible violation of section 901.25(3), Florida Statutes (1981), does not deprive the lower court of its power to....

...It also believed that the mutual aid agreement between the two municipalities was the deciding factor. But we needn't delve into the terms of the agreement or what proof of compliance the State offered because the officer was in fresh pursuit of Mr. Reddin when the officer stopped him in Port Richey.1 Section 901.25(2), Florida Statutes (2021), provides that "[a]ny duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside the officer's jurisdiction when in fresh pursuit." This statute expands on the com...

...another jurisdiction and arrest him there." Porter v. State, 765 So. 2d 76, 78 (Fla. 4th DCA 2000). And the statute plainly defines "fresh pursuit" to include "the pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor." § 901.25(1). The trial court found that the officer was not in fresh pursuit because he testified that he "did not pursue [Mr....

...Reddin for suspicion of reckless driving, which is both a violation of chapter 316 and a misdemeanor. The pursuit began in the officer's municipality and carried over to a neighboring municipality because of the speed at which Mr. Reddin was allegedly driving. Under these circumstances, section 901.25(2) authorized the officer "to arrest [Mr....

...3d DCA 1994) (concluding that an officer who observed a truck speed by him, and who left his jurisdiction while following the truck at an unusually high rate of speed, was "engaged in fresh pursuit of a suspected speeder" and was authorized to make the stop under section 901.25). 8  Thus, the trial court erred in dismissing the State's case based on the officer's purported lack of authority.2 IV. Because the trial court erred in finding that the arresting officer lacked authority to stop Mr....

remanded, 455 So.2d 1024 (Fla.1984). Under section 901.25(1), Florida Statutes (1997), which addresses

...Plaintiff, therefore, is arguing that the officer, not having pursued him over municipal boundaries, did not have the authority to detain him. The City of Sunrise Charter grants arrest powers to an officer in hot pursuit, the grant of powers to local officers is likewise granted by Fla.Stat. § 901.-25 (1973): “901.25 Municipal officer arrest outside corporate limits in fresh pursuit....

...the municipality, or the officer reasonably believes that the person has committed or is committing a felony.” We confirm the Attorney General’s Opinion No. 073-59 on this problem, in which he states: “. . . [Sjince the Legislature has enacted Section 901.25 to give a municipal police officer the authority to make fresh pursuit arrests outside of his municipality but within the same county, I think that the necessary implication is that the Legislature intended that the pursuing officer ha...

...ny point in the county in which the municipality is located when the person has violated a city ordinance or committed a misdemeanor within the municipality, or the officer reasonably believes that the person has committed or is committing a felony. Section 901.25 , F.S.)

...nyone who fails to comply); § 876.44, Fla. Stat. (authorizing “any peace officer or any other person employed” as a watchman or guard on a specified premises to detain for questioning and to arrest without a warrant under specified conditions); § 901.252, Fla....

...ry powers of arrest, including outside his jurisdiction in certain instances. See § 901.15, Fla. Stat (detailing when a warrantless arrest by a law enforcement officer is lawful, but not mentioning an out-of- jurisdiction arrest as being unlawful); § 901.25(2), Fla....

...The detectives observed the defendant’s traffic infraction in Hallandale and followed him, but because of heavy traffic, they were unable to pull him over for a traffic stop until he had crossed over the county line into Dade County. Defendant consented to a search, narcotics were found, and defendant was arrested. Section 901.25(3), Florida Statutes (2003) provides: If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the officer in charge of the jurisdiction in which the arrest is made....