FLORIDA’S WARRANT-LESS ARREST EXCEPTIONS
In Florida, most arrests for misdemeanor cases have to be by warrant unless they fall under an exception. What are those executions you may ask? Below are outlined requirements to meet the criteria for a warrantless arrest:
- Law enforcement MUST be present during the commission of all elements of the misdemeanor offense
- Law enforcement has probable cause for the arrest and the misdemeanor falls under the list of statutory exceptions in Florida Statute 901.15; or
- Law enforcement believes that the individual has materially violated their probation or community controls under Florida Statute 948.06.
The list of statutory exceptions include:
- A warrant for arrest has been issued and is held by another peace officer for execution
- Violation of Chapter 316 in the presence of an officer (think DUIs and other criminal driving offenses)
- Violation of a Domestic Violence Injunction
- Violation of Domestic Violence Pretrial Release
- Violation of Other Protective Injunctions
- Order of Protection
- Sexual Cyberharassment
- Stalking
- Theft
- Domestic Violence or Dating Violence
- Child Abuse
- Battery
- Criminal Mischief
- Vessel Safety
- Trespass at an Airport
- Trespass at a School
- Concealed Weapon
- Assault on Specified Person
- Disorderly Conduct on the Premises of a Licensed Establishment
- Drugs
- Graffiti
- Loitering and Prowling
- Racing on Highways
Felony Warrantless Arrests
In regards to warrantless arrests for felony cases, the law enforcement officer needs to have probable cause to believe 1) that a felony has been committed AND 2) the individual accused committed the crime. Law enforcement may also arrest an individual where an arrest warrant has been issued and is held by another law enforcement officer for execution.
CONTACT US
If you or anyone you know is currently facing legal issues related to arrests made with or without a warrant, contact an attorney at KJ LAW to discuss your legal remedies. We represent clients in misdemeanor and felony cases in the Central Florida area. We can discuss your case with you to see if the exceptions apply or if your loved one was illegally arrested.
Categorised in: Criminal Defense