April 9, 2020

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:

  1. Law enforcement MUST be present during the commission of all elements of the misdemeanor offense
  2. Law enforcement has probable cause for the arrest and the misdemeanor falls under the list of statutory exceptions in Florida Statute 901.15; or
  3. 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:

  1. A warrant for arrest has been issued and is held by another peace officer for execution
  2. Violation of Chapter 316 in the presence of an officer (think DUIs and other criminal driving offenses)
  3. Violation of a Domestic Violence Injunction
  4. Violation of Domestic Violence Pretrial Release
  5. Violation of Other Protective Injunctions
  6. Order of Protection
  7. Sexual Cyberharassment
  8. Stalking
  9. Theft
  10. Domestic Violence or Dating Violence
  11. Child Abuse
  12. Battery
  13. Criminal Mischief
  14. Vessel Safety
  15. Trespass at an Airport
  16. Trespass at a School
  17. Concealed Weapon
  18. Assault on Specified Person
  19. Disorderly Conduct on the Premises of a Licensed Establishment
  20. Drugs
  21. Graffiti
  22. Loitering and Prowling
  23. 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.


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. 

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K.J. Law P.A.