Legal Guidelines Flashcards
Arrest By Warrant
Legal Guidelines
Under Chapter 901 of Title XLVII of the Florida Statutes (F.S), a law enforcement officer is given the authority to make an arrest for the commission of a crime with or without a warrant.
Under S 901.02 of the Florida Statutes, a warrant of arrest may be issued by a judge if after examination of the complainant and other witnesses, the judge reasonably believes that the person complained against had committed an offense within the judge’s jurisdiction.
If the offense is for an offense which the judge is empowered to try summarily, he or she shall issue a summons instead of a warrant, unless the judge reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the judge shall issue a warrant. (F.S S 901.09)
Arrest By Warrant
Legal Guidelines
A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of the arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform him or her, or when giving the information will imperil the arrest.
The officer need not have the warrant in his or her possession at the time of the arrest.
However, on the request of the person arrested the officer shall show it to him or her as soon as practicable. (F.S S901.16)
Arrest By Warrant
Legal Guidelines
Under Rule 3.121 of the Florida Rules of Criminal Procedure (FRCRP) an arrest warrant when issued shall:
1) Be in writing and in the name of State of Florida.
2) Set forth substantially the nature of the offense.
3) Command that the person against whom the complaint was made be arrested and brought before a judge.
4) Specify the name of the person to be arrested or, if the name is unknown to the judge, designate the person by any name or description by which the person can be identified with reasonable certainty.
5) State the date when issued and the county where issued.
6) Be signed by the judge with the title of the office.
7) In all offenses bailable as of right, be endorsed with the amount of bail and the return date.
Arrest By Warrant
Legal Guidelines
No arrest warrant shall be dismissed because of any defect in form.
Warrants which are defective in form may be subsequently amended by the judge to remedy such defect.
Under F.S S 901.19, a peace officer making an arrest by warrant may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be, after the peace officer has announced his or her authority and purpose and fails to gain admittance.
Warrantless Arrest
Legal Guidelines
A peace officer making an arrest WITHOUT a warrant shall inform the person to be arrested of the officer’s AUTHORITY and the CAUSE OF ARREST, except when the person FLEES or FORCIBLY RESISTS before the officer has an opportunity to INFORM the person OR when giving the information will IMPERIL THE ARREST. F.S S 901.17.
An arrest is VALID as long as there was OBJECTIVE probable cause, even if the officer had a different subjective motivation for making the arrest. ARKANSAS v SULLIVAN, ( arrest for driving without registration or proof of insurance and carrying a weapon valid when supported by probable cause, even if the officer’s “true” purpose for making the arrest was to search defendants car for drugs.)
An arrest is valid even if the criminal offense for which probable cause actually exists is not “closely related” to the offense stated by the officer at the time of arrest. DEVENPECK v ALFORD.
Warrantless Arrest
Legal Guidelines
An arrest may be made by an officer WITHOUT a warrant in the following instances:
1) If a felony or misdemeanor or violation of a municipal or county ordinance is committed in the presence of the officer (an arrest for the commission of a MISDEMEANOR or the violation of a MUNICIPAL or COUNTY ORDINANCE shall be made IMMEDIATELY or in FRESH PURSUIT.
2) If a felony has been committed, not within the officers presence, and the officer “reasonably believes” the offender committed it.
3) If the officer “REASONABLY BELIEVES” that a felony has been or is being committed and that the person to be arrested has committed or is committing it.
4) A warrant for arrest has been issued and is held by another peace officer for execution.
5) A violation of Chapter 316 (State Uniform Traffic Control) laws has been committed in the presence of the officer (see in particular arrest under F.S S 316.193 for driving under the influence.
Warrantless Arrest
Legal Guidelines
Misdemeanor Exceptions (19)
6) There is probable cause to believe that:
a) The person has knowingly committed a criminal act in violation of an injunction for protection entered pursuant to F.S 741.30 or F.S 784.046.
b) The person has committed a battery as defined in F.S 784.03.
c) The person has committed an act of domestic violence as defined in F.S 741.28.
d) The person has committed an act of retail or farm theft as defined in F.S 812.015.
e) The person, as the driver of a vehicle involved in a crash, has committed an offense under Chapters 316 and 322 in connection with the crash.
f) The person is carrying a concealed weapon (F.S 790.01 and 790.02
g) The person is guilty of disorderly conduct on the premises of an establishment (F.S 509.143).
h) The person has stolen personal property of a public lodging establishment or public food service establishment (F.S 509.162)
i) The person has committed the offense of trespass upon the ground of a school facility (F.S 810.097).
j) The person has in his or her possession an amount of cannabis less than 20 grams (F.S 893.13(6)(b) and (d)
k) The person has committed the offense of stalking as defined in F.S 784.048.
l) The person has committed the offense of transit fare evasion (F.S 812.015(4)
m) The person has committed luring or enticing a child for unlawful purposes (F.S 787.025)
n) The person has committed the offense of criminal mischief or graffiti-related offenses (F.S 806.13)
o) The person has committed the offense of sexual cyber harassment (F.S 784.049)
p) The person has, in his or her possession, a firearm or ammunition when the person is subject to an injunction against committing acts of domestic violence (F.S 790.233)
q) The person has trespassed, as described in F.S 810.08, in any retail establishment, farm land or mass transit vehicle as described in F.S 812.015
r) A misdemeanor has been committed, based upon assigned affidavit provided to the officer by a law enforcement officer of the United States Government
s) A felony was committed on state military property or a misdemeanor was committed in the presence of a law enforcement officer of the Florida National Guard.
Warrantless Arrest
Legal Guidelines
Arrest Affidavits:
When preparing an affidavit following a warrantless arrest, the officer should explain in the beginning of the affidavit the circumstances under which contact was first made with the arrestee, and should justify that contact as a consensual encounter or explain why it was supported by reasonable suspicion or probable cause.
Arrests within Dwellings
Legal Guidelines
The most intrusive action a police officer can take is an arrest.
An arrest can take many forms but the common denominator is that it is a significant intrusion upon the individual’s liberty.
Thus, if an officer physically grabs a suspect and holds him or her against his or her will or handcuffs a citizen and places him or her in a squad car, an arrest has been made (JCW v STATE)
An officer can make an arrest without a warrant when he or she has probable cause to believe the person has committed a felony or a misdemeanor exception, whether in the officers presence or not.
The possession of an arrest warrant provides officers with the authority to arrest an individual within his or her own home, and limited authority to enter the dwelling for that purpose, if police have reason to believe that the subject of the warrant is inside at the time of entry (PAYTON v NEW YORK)
If a police officer wishes to enter to make a routine arrest of a suspect in his or her or a third party’s home, the officer must obtain an arrest warrant EVEN if he or she has probable cause to arrest the person. (see exceptions)
Arrests within Dwellings
Legal Guidelines
An officer should keep in mind that once a suspect leaves the threshold of his or her “home” and enters a public hall way or back yard, a WARRANTLESS arrest can be made.
Although a police officer may use a TRICK or DECEPTIVE technique to convince an individual to leave his or her home, the arrest will ONLY be valid if the person VOLUNTARILY leaves the home (ELDER v HOLLAWAY)
However, an officer cannot deceive a person in order to gain ENTRY into a home.
NORMALLY an officer can make a valid arrest inside a place of business, which is NOT a dwelling, WITHOUT an arrest warrant.
Arrests within Dwellings
Legal Guidelines
There are THREE exceptions to the rule which requires issuance of an arrest warrant BEFORE an arrest can be made INSIDE a home:
1) A police officer can make a warrantless entry where a suspect has committed a violent crime, and he or she is inside the premises and armed and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens.
2) If an officer obtains a consent to enter the premises from an owner or lessor, an arrest warrant is not required to enter the premises.
3) “Hot pursuit” of a fleeing felon (U.S v SANTANA) check agency policy
Arrests within Dwellings
Legal Guidelines
Note: The officer should establish prior to entering the premises that the person giving consent has authority to do so. (ILLINOIS v RODRIGUEZ)
Note: Hot pursuit of a fleeing misdemeanant is PERMISSIBLE where the misdemeanor is punishable by a jail sentence (ULYSSE v STATE)
In a more recent decision, MARKUS v STATE the court held Hot pursuit does not allow officers to enter a suspect’s home to arrest the suspect for a minor offense or infraction UNLESS there is evidence to indicate danger to the public, police, or property, or an indication that critical evidence will be destroyed.
Moreover, a suspect CANNOT avoid a lawful warrantless public arrest already set in motion by retreating into his or her home (U.S v SANTANA)
Arrests within Dwellings
Legal Guidelines
Officers in hot pursuit of a fleeing suspect need NOT comply with the knock and announce requirement. (STATE v BROWN)
The requirement of a warrant for an in-home arrest applies as well to the arrest of a suspect in a motel or hospital room where the suspect has set up a TEMPORARY residence (TURNER v STATE)
For similar reasons, if an officer has an arrest warrant for a suspect but the suspect is in a third party’s home (absent consent or exigent circumstances), the police will also need to obtain a SEARCH WARRANT for that person’s home.
In addition, when a police officer is executing a BENCH WARRANT, he or she cannot enter a defendants home without a reasonable belief that the defendant is INSIDE the premises at the TIME of the warrants execution (STEAGALD v US)
