CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...ation, then his failure of strict compliance will not deprive him of its benefits. 598 S.W.2d at 590. Cf. Lewis v. Boone,
418 So.2d 319 (Fla. 1st DCA 1982) (holding that the state's substantial compliance with the Uniform Interstate Extradition Act, section
941.14, et seq., Florida Statutes (1981), validated a two-day late Governor's extradition warrant)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Public Defender, for appellant. Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee. WENTWORTH, Judge. The appellant/petitioner appeals the circuit court's denial of his petition for writ of habeas corpus asserting detention in violation of § 941.14 et seq., Florida Statutes....
...elease. In rebuttal the state attorney introduced the requisition warrant and the governor's warrant as evidence of petitioner's lawful confinement. The trial court found that the warrants of extradition were facially proper and denied the petition. Section 941.14 requires an accused to be promptly brought before a judge or magistrate, who may commit him for a period up to thirty days....
...209, 435 A.2d 872 (1981); Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978). We therefore conclude accordingly that in the circumstances of this case the petition for habeas corpus was properly denied. AFFIRMED. BOOTH and WIGGINTON, JJ., concur. NOTES [1] Section 941.14 of the Uniform Interstate Extradition Act provides: 941.14 Arrest without a warrant....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Murphy appeals an order granting habeas corpus relief to appellee Paul Lawrence Boehm and discharging him from the further custody of appellant. In July, 1980, Boehm was arrested in Martin County, Florida, as a fugitive from justice from the State of Ohio. The complaint in support of his arrest, as required by Fla. Stat. § 941.14, stated that Martin County had received credible information from the State of Ohio that Paul Lawrence Boehm had allegedly committed the crimes of escape and felony theft under the laws of that state and had escaped confinement and fled Ohio....
...death or imprisonment for a term exceeding one year." When such a person is arrested he must be taken before a judge with "all practicable speed" and a complaint must be made against him under oath setting forth the ground for the arrest. Fla. Stat. § 941.14 (1981)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15530
Furthermore, the state seeks to rely upon Section
941.14, Florida Statutes (1977), to justify the initial
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1182, 1989 Fla. App. LEXIS 2602, 1989 WL 49594
...We affirm the portion of the summary judgment ruling in favor of appellees on Johnson’s claim of false arrest but reverse the granting of summary judgment with respect to the other counts of the complaint. Johnson’s complaint consisted of five counts. Count I was against Heinrich for unlawful arrest based on section 941.14, Florida Statutes (1987) and the Florida and federal constitutions....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 57714, 2010 WL 2330279
...ossessing the same knowledge as the Defendant could have believed that probable cause existed to arrest." Case v. Eslinger,
555 F.3d 1317, 1327 (11th Cir.2009) (quotations and citations omitted). Here, Plaintiffs were arrested pursuant to FLA. STAT. §
941.14 on the basis of supposed New York arrest warrants....
...Although Wright did not have a copy of the New York warrants, Soares and Baynesthe New York prosecutors responsible for securing the arrest warrantsrepresented to Wright that there were active, valid warrants for Plaintiffs' arrest. (Tr. at 11). As noted, supra, FLA. STAT. § 941.14 simply requires that an officer have "reasonable information" that an individual stands charged with a felony in another state before he can make a warrantless arrest....
...from the record at this stage of the proceedings is that Wright directed and orchestrated the arrests. [24] According to the arrest affidavits prepared by OPD, the Loomises and Calvert were arrested without any Florida warrant pursuant to FLA. STAT. § 941.14, a provision of Florida's Uniform Interstate Extradition statute....
...ticable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant. FLA. STAT. § 941.14....
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....
...absence of an extradition warrant a court may issue a fugitive warrant only after it has received either a direct showing of probable cause or proof that one has been made in the demanding state. Warrantless pre-requisition arrests are permitted by section 941.14, provided that three elements are satisfied....
...Under the statute, an alleged fugitive may be arrested without a warrant (1) based on "reasonable information" that (2) the person "stands charged in the courts of a state" with (3) "a crime punishable by death or imprisonment for a term exceeding 1 year. . . ." [4] Importantly, section 941.14 further provides that a person arrested without a warrant under that statute "must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as...
...Sheriff's Office had received a teletype advising that the warrant from St. Clair County, Illinois, was for a felony theft and that France had failed to appear to answer the charge. Manifestly, France's warrantless arrest was not in compliance with section 941.14....
...with any of the out-of-state offenses. And the affidavits said nothing about whether the offenses were punishable by death or imprisonment for a term exceeding one year, i.e., felonies. Thus, based on the information held by the deputy at the time, section 941.14 did not authorize France's warrantless arrests on the out-of-state charges....
...g lower court's reasoning that subsequent submission of omitted information cured defect in the warrant so as to render accused fugitive'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....
...e. 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....
...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....
...venient of, access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. [4] Section 941.14 provides: Arrest without a warrant.The arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a...
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7234
...uri and had never been to the State of Ohio except to pass through it. She further explained that she had never owned a white Cadillac and that she did not fit the physical description given by the Warren County Sheriff’s Office. Florida Statutes, Section 941.14, F.S.A....
CopyPublished | Florida 1st District Court of Appeal
...(beside the property owner’s preventing armed trespass) in which
a private person can detain or arrest independent of his
employment: warrantless arrest by a “private person” upon
“reasonable information” that the accused has been charged with
a felony in another State (section
941.14, Florida Statutes); when
directed by a peace officer to render assistance with an arrest
(sections
843.06,
901.18, and
941.09, Florida Statutes); and when
directed by a peace officer to assist with dispersing a riotous
assembly (section
870.04, Florida Statutes)....
...from bodily harm
while making the arrest.” Id.
Recall there are very limited circumstances where a private
person—like the petitioner—has express statutory authority to
make a warrantless arrest: when faced with an out-of-state
fugitive and when under the direction of a peace officer. See
§§
901.18,
941.14, Fla....
