Florida Law: Arrest Warrant Authority
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Questions and Answers

What is required for a judge to issue a warrant of arrest?

  • The judge must reasonably believe the person committed an offense (correct)
  • The judge must have personal knowledge of the offense
  • A police officer must make the arrest first
  • The complainant and witnesses must be present in court

    • In what circumstances may a judge issue a summons instead of a warrant?

  • If the offense is a felony
  • If the person is a minor
  • If the judge is empowered to try the offense summarily (correct)
  • If the person is a repeat offender

    • What is the exception to informing the person to be arrested of the cause of arrest and the warrant?

  • When the person is cooperating fully
  • When the person is under 18 years old
  • When the officer is in a hurry
  • When the person flees or forcibly resists before the officer has an opportunity to inform them (correct)

    • Must a peace officer have the warrant in their possession at the time of the arrest?

    <p>No, it is not required by law</p> Signup and view all the answers

    What must a peace officer do upon request of the person arrested?

    <p>Show the warrant to the person arrested</p> Signup and view all the answers

    Under what circumstances may a judge issue a warrant instead of a summons?

    <p>If the judge reasonably believes the person will not appear upon a summons</p> Signup and view all the answers

    What is required to be specified in an arrest warrant under Rule 3.121 of the Florida Rules of Criminal Procedure?

    <p>The name of the person to be arrested or a description by which they can be identified</p> Signup and view all the answers

    What is the consequence of a defect in form in an arrest warrant?

    <p>The warrant will be amended by the judge</p> Signup and view all the answers

    What is required to be endorsed on an arrest warrant in all offenses bailable as of right?

    <p>The amount of bail and the return date</p> Signup and view all the answers

    When can a peace officer make an arrest without a warrant?

    <p>When a felony or misdemeanor has been committed in the officer's presence</p> Signup and view all the answers

    What is the consequence of a peace officer's subjective motivation for making an arrest?

    <p>The arrest will be valid as long as there was objective probable cause</p> Signup and view all the answers

    What is required to be informed to the person being arrested when an arrest is made without a warrant?

    <p>The officer's authority and the cause of arrest</p> Signup and view all the answers

    When can a peace officer enter a building or property to make an arrest?

    <p>After announcing their authority and purpose, and failing to gain admittance</p> Signup and view all the answers

    What is one of the instances where a peace officer can make an arrest without a warrant?

    <p>All of the above</p> Signup and view all the answers

    What is one of the criminal acts that a peace officer can make an arrest for without a warrant?

    <p>Battery as defined in F.S.§784.03</p> Signup and view all the answers

    What is the requirement for an arrest to be valid?

    <p>The officer must have probable cause</p> Signup and view all the answers

    What is the general rule regarding an arrest without a warrant?

    <p>It is invalid under most circumstances.</p> Signup and view all the answers

    When can an officer make a valid arrest inside a place of business?

    <p>Without a warrant, as long as it is not a dwelling.</p> Signup and view all the answers

    What is one of the exceptions to the rule that requires an arrest warrant before an arrest can be made inside a home?

    <p>When the suspect has committed a violent crime and is armed and poses a threat to the police and citizens.</p> Signup and view all the answers

    What is required before an officer can enter a premises with consent?

    <p>The officer must establish prior to entering the premises that the person giving consent has authority to do so.</p> Signup and view all the answers

    What is the 'hot pursuit' exception?

    <p>The pursuit of a fleeing felon into a dwelling without a warrant.</p> Signup and view all the answers

    What is required for an officer to enter a suspect's home to arrest the suspect for a minor offense or infraction?

    <p>Evidence that the suspect poses a danger to the public, police, or property is required.</p> Signup and view all the answers

    What is the rule regarding an arrest warrant for a suspect in a motel or hospital room?

    <p>A warrant is required because the suspect has set up a temporary residence.</p> Signup and view all the answers

    What is the rule regarding an arrest warrant for a suspect in a third party's home?

    <p>A warrant is required, as well as a search warrant for the third party's home.</p> Signup and view all the answers

    What is the rule regarding the execution of a bench warrant?

    <p>The officer can enter the defendant's home only with a reasonable belief that the defendant is inside.</p> Signup and view all the answers

    What is the rule regarding the use of a flashlight to illuminate a partially open bedroom closet?

    <p>It is a legal search and seizure as long as the contraband is in plain view.</p> Signup and view all the answers

    What was the reason for upholding the arrest in the McRae case?

    <p>The officers were already visible to the defendant and turning away would have been unreasonable.</p> Signup and view all the answers

    Under what circumstances can a law enforcement officer make an arrest?

    <p>For the commission of a crime with or without a warrant.</p> Signup and view all the answers

    What is the minimum amount of cannabis that can be in a person's possession for them to be arrested?

    <p>20 grams or more</p> Signup and view all the answers

    What is the duty of the state attorney according to FLa.R.Crim.P.Rule 3.115?

    <p>To provide personnel for criminal intake.</p> Signup and view all the answers

    What is the purpose of an arrest affidavit?

    <p>To explain the circumstances of the arrest</p> Signup and view all the answers

    What is required when a law enforcement officer makes an arrest?

    <p>An affidavit in writing setting down certain facts and circumstances.</p> Signup and view all the answers

    What is required for a police officer to make an arrest without a warrant?

    <p>Probable cause or reasonable suspicion</p> Signup and view all the answers

    What is the minimum requirement for an arrest to be valid?

    <p>Objective probable cause.</p> Signup and view all the answers

    What is the exception to the rule that an officer must obtain an arrest warrant to enter a dwelling?

    <p>If the officer is in hot pursuit</p> Signup and view all the answers

    What is the significance of the Arkansas v.Sullivan case?

    <p>It established that an arrest is valid as long as there was objective probable cause.</p> Signup and view all the answers

    What is the result of an unlawful entry into a dwelling?

    <p>The evidence obtained will be suppressed</p> Signup and view all the answers

    What should be included in the arrest affidavit?

    <p>A complete narrative of the offense including the day, time, place, lighting conditions, etc.</p> Signup and view all the answers

    What is the significance of the Payton v. New York case?

    <p>It established the requirement for an arrest warrant to enter a dwelling</p> Signup and view all the answers

    What is the purpose of including the correct Florida State statute number in the arrest affidavit?

    <p>To cover all elements of the charged offense as required by the applicable statute.</p> Signup and view all the answers

    What is the difference between a consensual encounter and a warrantless arrest?

    <p>A consensual encounter is a voluntary interaction, while a warrantless arrest is a forced interaction</p> Signup and view all the answers

    What is the significance of the Elder v. Hollaway case?

    <p>It limited the use of deception to gain entry into a home</p> Signup and view all the answers

    What should the officer establish in the first paragraph of the arrest affidavit?

    <p>The legality of the contact with the subject.</p> Signup and view all the answers

    What should be done if the affidavit is insufficient?

    <p>The affidavit should be corrected.</p> Signup and view all the answers

    What is the exception to the rule that an officer must have probable cause to make an arrest?

    <p>If the officer is making an arrest on state military property</p> Signup and view all the answers

    What is the consequence of an officer making a trespass upon the grounds of a school facility?

    <p>The officer will be charged with a misdemeanor</p> Signup and view all the answers

    Study Notes

    Arrest by Warrant

    • A warrant of arrest can be issued by a judge if they reasonably believe a person has committed an offense within their jurisdiction (§901.02 of the Florida Statutes)
    • The warrant must:
      • Be in writing and in the name of the State of Florida
      • Set forth the nature of the offense
      • Command the arrest of the person
      • Specify the person's name or description
      • State the date and county of issuance
      • Be signed by the judge with their title
      • Include the amount of bail and return date (if bailable)
    • A peace officer making an arrest by warrant must:
      • Inform the person of the cause of arrest and the warrant
      • Show the warrant to the person as soon as practicable
      • Use all necessary and reasonable force to enter a building or property to make the arrest

    Warrantless Arrest

    • A peace officer can make an arrest without a warrant in certain circumstances, including:
      • If a felony or misdemeanor is committed in the officer's presence
      • If a felony has been committed and the officer reasonably believes the person committed it
      • If the officer reasonably believes a felony or misdemeanor is being committed
      • If a warrant for arrest has been issued and is held by another peace officer
      • Various other specific circumstances (e.g. traffic violations, domestic violence, trespassing)
    • A warrantless arrest is valid if there was objective probable cause, even if the officer had a different subjective motivation

    Arrests Within Dwellings

    • A police officer can make a warrantless entry into a dwelling in certain circumstances, including:
      • If the officer has probable cause to believe the person has committed a felony or misdemeanor
      • If the officer obtains consent to enter from an owner or lessor
      • In "hot pursuit" of a fleeing felon (or misdemeanant, if punishable by jail time)
    • Generally, a warrant is required to enter a dwelling to make an arrest, unless there are exigent circumstances (e.g. danger to the public, police, or property)

    Arrest Guidelines

    • A law enforcement officer has the authority to make an arrest for the commission of a crime with or without a warrant
    • An arrest affidavit should include:
      • A complete narrative of the offense
      • The correct Florida State statute number(s) for the offense
      • The correct county or city enabling code number(s) for state penal violations
      • Signature of the arresting officer and a witness (if possible)
      • Signature by a deputy clerk of the court or a Florida notary public
      • A list of essential witnesses to the arrest

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    Description

    This quiz covers the authority of law enforcement officers to make arrests with or without a warrant in Florida, as outlined in Chapter 901 of the Florida Statutes. Legal Guidelines #1 thru #4

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