46 Questions
What is required for a judge to issue a warrant of arrest?
The judge must reasonably believe the person committed an offense
In what circumstances may a judge issue a summons instead of a warrant?
If the judge is empowered to try the offense summarily
What is the exception to informing the person to be arrested of the cause of arrest and the warrant?
When the person flees or forcibly resists before the officer has an opportunity to inform them
Must a peace officer have the warrant in their possession at the time of the arrest?
No, it is not required by law
What must a peace officer do upon request of the person arrested?
Show the warrant to the person arrested
Under what circumstances may a judge issue a warrant instead of a summons?
If the judge reasonably believes the person will not appear upon a summons
What is required to be specified in an arrest warrant under Rule 3.121 of the Florida Rules of Criminal Procedure?
The name of the person to be arrested or a description by which they can be identified
What is the consequence of a defect in form in an arrest warrant?
The warrant will be amended by the judge
What is required to be endorsed on an arrest warrant in all offenses bailable as of right?
The amount of bail and the return date
When can a peace officer make an arrest without a warrant?
When a felony or misdemeanor has been committed in the officer's presence
What is the consequence of a peace officer's subjective motivation for making an arrest?
The arrest will be valid as long as there was objective probable cause
What is required to be informed to the person being arrested when an arrest is made without a warrant?
The officer's authority and the cause of arrest
When can a peace officer enter a building or property to make an arrest?
After announcing their authority and purpose, and failing to gain admittance
What is one of the instances where a peace officer can make an arrest without a warrant?
All of the above
What is one of the criminal acts that a peace officer can make an arrest for without a warrant?
Battery as defined in F.S.§784.03
What is the requirement for an arrest to be valid?
The officer must have probable cause
What is the general rule regarding an arrest without a warrant?
It is invalid under most circumstances.
When can an officer make a valid arrest inside a place of business?
Without a warrant, as long as it is not a dwelling.
What is one of the exceptions to the rule that requires an arrest warrant before an arrest can be made inside a home?
When the suspect has committed a violent crime and is armed and poses a threat to the police and citizens.
What is required before an officer can enter a premises with consent?
The officer must establish prior to entering the premises that the person giving consent has authority to do so.
What is the 'hot pursuit' exception?
The pursuit of a fleeing felon into a dwelling without a warrant.
What is required for an officer to enter a suspect's home to arrest the suspect for a minor offense or infraction?
Evidence that the suspect poses a danger to the public, police, or property is required.
What is the rule regarding an arrest warrant for a suspect in a motel or hospital room?
A warrant is required because the suspect has set up a temporary residence.
What is the rule regarding an arrest warrant for a suspect in a third party's home?
A warrant is required, as well as a search warrant for the third party's home.
What is the rule regarding the execution of a bench warrant?
The officer can enter the defendant's home only with a reasonable belief that the defendant is inside.
What is the rule regarding the use of a flashlight to illuminate a partially open bedroom closet?
It is a legal search and seizure as long as the contraband is in plain view.
What was the reason for upholding the arrest in the McRae case?
The officers were already visible to the defendant and turning away would have been unreasonable.
Under what circumstances can a law enforcement officer make an arrest?
For the commission of a crime with or without a warrant.
What is the minimum amount of cannabis that can be in a person's possession for them to be arrested?
20 grams or more
What is the duty of the state attorney according to FLa.R.Crim.P.Rule 3.115?
To provide personnel for criminal intake.
What is the purpose of an arrest affidavit?
To explain the circumstances of the arrest
What is required when a law enforcement officer makes an arrest?
An affidavit in writing setting down certain facts and circumstances.
What is required for a police officer to make an arrest without a warrant?
Probable cause or reasonable suspicion
What is the minimum requirement for an arrest to be valid?
Objective probable cause.
What is the exception to the rule that an officer must obtain an arrest warrant to enter a dwelling?
If the officer is in hot pursuit
What is the significance of the Arkansas v.Sullivan case?
It established that an arrest is valid as long as there was objective probable cause.
What is the result of an unlawful entry into a dwelling?
The evidence obtained will be suppressed
What should be included in the arrest affidavit?
A complete narrative of the offense including the day, time, place, lighting conditions, etc.
What is the significance of the Payton v. New York case?
It established the requirement for an arrest warrant to enter a dwelling
What is the purpose of including the correct Florida State statute number in the arrest affidavit?
To cover all elements of the charged offense as required by the applicable statute.
What is the difference between a consensual encounter and a warrantless arrest?
A consensual encounter is a voluntary interaction, while a warrantless arrest is a forced interaction
What is the significance of the Elder v. Hollaway case?
It limited the use of deception to gain entry into a home
What should the officer establish in the first paragraph of the arrest affidavit?
The legality of the contact with the subject.
What should be done if the affidavit is insufficient?
The affidavit should be corrected.
What is the exception to the rule that an officer must have probable cause to make an arrest?
If the officer is making an arrest on state military property
What is the consequence of an officer making a trespass upon the grounds of a school facility?
The officer will be charged with a misdemeanor
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
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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