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Home » US Law » 2022 Florida Statutes » Title XLVII - Criminal Procedure and Corrections » Chapter 901 - Arrests and Temporary Detentions

901.01 – Judicial Officers Have Committing Authority.

901.01 Judicial officers have committing authority.—Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge. He or she may require sureties of the peace when the peace has been substantially threatened or disturbed. History.—s. […]

901.02 – Issuance of Arrest Warrants.

901.02 Issuance of arrest warrants.— (1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office. (2) The court may issue […]

901.04 – Direction and Execution of Warrant.

901.04 Direction and execution of warrant.—Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the […]

901.07 – Admission to Bail When Arrest Occurs in Another County.

901.07 Admission to bail when arrest occurs in another county.— (1) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant issued, if the person arrested has a right to bail, the arresting officer shall inform the person of his or her right […]

901.08 – Issue of Warrant When Offense Triable in Another County.

901.08 Issue of warrant when offense triable in another county.— (1) When a complaint before a trial court judge charges the commission of an offense that is punishable by death or life imprisonment and is triable in another county of the state, but it appears that the person against whom the complaint is made is in the […]

901.09 – When Summons Shall Be Issued.

901.09 When summons shall be issued.— (1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, […]

901.10 – How Summons Served.

901.10 How summons served.—A summons shall be served in the same manner as a summons in a civil action. History.—s. 10, ch. 19554, 1939; CGL 1940 Supp. 8663(10); s. 6, ch. 70-339.

901.11 – Effect of Not Answering Summons.

901.11 Effect of not answering summons.—Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the […]

901.12 – Summons Against Corporation.

901.12 Summons against corporation.—When a complaint of an offense is made against a corporation, the trial court judge shall issue a summons that shall set forth substantially the nature of the offense and command the corporation to appear before the trial court judge at a stated time and place. History.—s. 12, ch. 19554, 1939; CGL 1940 […]

901.14 – Effect of Failure by Corporation to Answer Summons.

901.14 Effect of failure by corporation to answer summons.—If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and the court shall proceed to trial and judgment without further process. History.—s. 14, ch. 19554, […]

901.15 – When Arrest by Officer Without Warrant Is Lawful.

901.15 When arrest by officer without warrant is lawful.—A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or […]

901.1503 – When Notice to Appear by Officer Without Warrant Is Lawful.

1901.1503 When notice to appear by officer without warrant is lawful.—A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that he or she has probable cause to believe that a violation of s. 509.144 has been committed and the owner or manager of the […]

901.1505 – Federal Law Enforcement Officers; Powers.

901.1505 Federal law enforcement officers; powers.— (1) As used in this section, the term “federal law enforcement officer” means a person who is employed by the Federal Government as a full-time law enforcement officer as defined by the applicable provisions of the United States Code, who is empowered to effect an arrest for violations of the United […]

901.151 – Stop and Frisk Law.

901.151 Stop and Frisk Law.— (1) This section may be known and cited as the “Florida Stop and Frisk Law.” (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state […]

901.16 – Method of Arrest by Officer by a Warrant.

901.16 Method of arrest by officer by a warrant.—A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform the person, or when […]

901.17 – Method of Arrest by Officer Without Warrant.

901.17 Method of arrest by officer without warrant.—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 […]

901.18 – Officer May Summon Assistance.

901.18 Officer may summon assistance.—A peace officer making a lawful arrest may command the aid of persons she or he deems necessary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that […]

901.19 – Right of Officer to Break Into Building.

901.19 Right of officer to break into building.— (1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all […]

901.21 – Search of Person Arrested.

901.21 Search of person arrested.— (1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person’s immediate presence for the purpose of: (a) Protecting the officer from attack; (b) Preventing the person from escaping; or (c) Discovering the fruits of a crime. (2) A peace officer making a lawful search without […]