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?

No, it is not required by law Signup and view all the answers

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

Show the warrant to the person arrested Signup and view all the answers

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 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?

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

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

The warrant will be amended by the judge Signup and view all the answers

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 Signup and view all the answers

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

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

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 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?

The officer's authority and the cause of arrest Signup and view all the answers

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 Signup and view all the answers

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

All of the above 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?

Battery as defined in F.S.§784.03 Signup and view all the answers

What is the requirement for an arrest to be valid?

The officer must have probable cause Signup and view all the answers

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

It is invalid under most circumstances. Signup and view all the answers

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

Without a warrant, as long as it is not a dwelling. 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?

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

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. Signup and view all the answers

What is the 'hot pursuit' exception?

The pursuit of a fleeing felon into a dwelling without a warrant. 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?

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

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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

For the commission of a crime with or without a warrant. 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?

20 grams or more Signup and view all the answers

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

To provide personnel for criminal intake. Signup and view all the answers

What is the purpose of an arrest affidavit?

To explain the circumstances of the arrest Signup and view all the answers

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

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

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

Probable cause or reasonable suspicion Signup and view all the answers

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

Objective probable cause. 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?

If the officer is in hot pursuit Signup and view all the answers

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. Signup and view all the answers

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

The evidence obtained will be suppressed Signup and view all the answers

What should be included in the arrest affidavit?

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

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

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

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. Signup and view all the answers

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 Signup and view all the answers

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

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

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

The legality of the contact with the subject. Signup and view all the answers

What should be done if the affidavit is insufficient?

The affidavit should be corrected. Signup and view all the answers

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 Signup and view all the answers

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 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