CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 1933388
...By previous unpublished order, we granted France's petition and directed her release on the out-of-state charges. [1] We now write to explain our reasons. In her petition, France contended that she was illegally held without bond on the out-of-state charges because the procedures outlined in sections
941.13,
941.14, and
941.15, Florida Statutes (2005), were not properly followed....
...e arrest and detention of an accused fugitive before the issuance of a governor's arrest warrant. A Florida court may order the pre-requisition arrest of an accused fugitive by issuing an arrest warrant, commonly known as a "fugitive warrant," under section 941.13....
...anding state and has fled. In the second scenario, however, the person for whom the warrant is sought must have been formally charged in the demanding state with committing a crime in that state. It is also important to note that the requirements of section 941.13 generally comport with the showing that would satisfy the requirement of probable cause either for the issuance of an arrest warrant generally or at a pretrial nonadversary *1266 probable cause determination at a first appearance hearing under Florida Rule of Criminal Procedure 3.133(a)(3)....
...ing section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant." In other words, as soon as practicable after a warrantless arrest, the probable cause requirements for obtaining a fugitive warrant under section 941.13 must be established....
...ive's arrest legal). Be that as it may, after France's arrest there was no compliance with the second requirement of section
941.14, i.e., that she be taken before a judge and a complaint made against her under oath comporting with the strictures of section
941.13....
...Nor did any of the arrest affidavits have attached to it or make reference to an affidavit of a credible person in another state that a crime had been committed in that state and that France had been charged with committing it. The upshot is that section
941.14's requirement of a post-arrest complaint in compliance with section
941.13 was not followed. Consequently, France was detained without any demonstrationeither in documentation supporting a demanding state governor's requisition, or in proceedings to obtain a fugitive warrant under section
941.13, or in a post-arrest proceeding under section
941.13that there is or has been a judicial determination of probable cause to believe that France committed a crime in another state....
...arrant. Having failed to honor the requirements of section
941.15, the judge was not authorized to order France detained on the out-of-state charges. As we have seen, France's arrest and detention were unauthorized due to noncompliance with sections
941.13,
941.14, and
941.15....
...ate Laws in 1926, and amended in 1932 and 1936. It was withdrawn by the Conference in 1980, when it adopted the Uniform Extradition and Rendition Act. To date, only North Dakota has adopted the latter uniform law. N.D.C.C. 29-30.X-XX-XX-XX.3-21. [3] Section 941.13 states: Arrest prior to requisition.Whenever any person within this state shall be charged on the oath of any credible person before any judge in this state with the commission of a crime in any other state, and, except in cases arising under s....
