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 (D)</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 (A)</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 (A)</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 (C)</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 (B)</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 (D)</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 (C)</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 (B)</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 (D)</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 (D)</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 (D)</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 (C)</p> Signup and view all the answers

What is the requirement for an arrest to be valid?

<p>The officer must have probable cause (C)</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. (B)</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. (C)</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. (B)</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. (A)</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. (D)</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. (B)</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. (C)</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. (D)</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. (B)</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. (A)</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. (D)</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. (C)</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 (B)</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. (A)</p> Signup and view all the answers

What is the purpose of an arrest affidavit?

<p>To explain the circumstances of the arrest (A)</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. (A)</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 (D)</p> Signup and view all the answers

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

<p>Objective probable cause. (A)</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 (A)</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. (B)</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 (D)</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. (B)</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 (B)</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. (A)</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 (C)</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 (D)</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. (D)</p> Signup and view all the answers

What should be done if the affidavit is insufficient?

<p>The affidavit should be corrected. (D)</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 (C)</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 (A)</p> Signup and view all the answers

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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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