14 Questions
When can a judge issue a summons instead of a warrant?
If the judge is empowered to try the offense summarily
What is the primary condition for a judge to issue a warrant of arrest?
The judge reasonably believes that the person complained against has committed an offense
What should a peace officer do when making an arrest by warrant?
Inform the person of the cause of arrest and that a warrant has been issued
What happens if the person flees or forcibly resists before the officer has an opportunity to inform them?
The officer need not inform the person of the cause of arrest
What must the officer do if the person arrested requests to see the warrant?
Show the warrant to the person as soon as practicable
Is the officer required to have the warrant in their possession at the time of the arrest?
No, never
What is the main requirement for an arrest warrant under Rule 3.121 of the Florida Rules of Criminal Procedure?
The warrant must be in writing and in the name of the State of Florida.
What is the consequence of a defect in form in an arrest warrant?
The warrant will be amended by the judge to remedy the defect.
Under what circumstances can a peace officer make an arrest without a warrant?
If a felony or misdemeanor is committed in the presence of the officer.
What is the requirement for a peace officer making an arrest without a warrant to inform the person to be arrested?
The officer must inform the person of the authority and cause of arrest, unless the person flees or forcibly resists.
What is the significance of probable cause in an arrest?
Probable cause is required for all arrests, regardless of whether a warrant is issued.
What is the result of an arrest made with probable cause, even if the criminal offense is not 'closely related' to the offense stated by the officer?
The arrest is valid, even if the criminal offense is not 'closely related' to the offense stated by the officer.
What is the purpose of a peace officer announcing their authority and purpose before entering a building or property?
To avoid using necessary and reasonable force to enter the building or property.
What is the significance of the officer's subjective motivation in making an arrest?
The officer's subjective motivation is irrelevant if there was objective probable cause.
Study Notes
Arrest by Warrant
- A warrant of arrest can be issued by a judge if they reasonably believe the person committed an offense within their jurisdiction.
- The warrant must be in writing, in the name of the State of Florida, and specify the nature of the offense.
- It must command the arrest and specify the name of the person or a description to identify them.
- The warrant must be signed by the judge and include the date and county where issued.
- In bailable offenses, the warrant must include the amount of bail and return date.
Informing the Arrested Person
- A peace officer making an arrest by warrant must inform the person of the cause of arrest and that a warrant has been issued.
- The officer does not need to have the warrant in their possession at the time of arrest, but must show it to the arrested person on request.
- The officer may use reasonable force to enter a building or property to make the arrest, after announcing their authority and purpose.
Warrantless Arrest
- A peace officer making an arrest without a warrant must inform the person of their authority and the cause of arrest.
- An arrest is valid if there is objective probable cause, regardless of the officer's subjective motivation.
- An arrest is valid even if the criminal offense is not closely related to the offense stated by the officer at the time of arrest.
Instances of Warrantless Arrest
- A peace officer can make an arrest without a warrant if a felony or misdemeanor is committed in their presence.
- An arrest can be made without a warrant in fresh pursuit of a person who has committed a felony or misdemeanor.
Understand the Florida Statutes regarding arrest by warrant, including the authority of law enforcement officers and the role of judges in issuing warrants.
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