Legal Guidelines - Arrests by Warrant

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8 Questions

When can an arrest warrant be dismissed under the FRCRP?

No arrest warrant shall be dismissed because of any defect as to form in the warrant

What is required for an electronic signature on an arrest warrant under the FRCRP?

It must be supported by an oath or affirmation administered by the judge or other authorized person

What right exists for offenses where an arrest warrant is issued under the FRCRP?

Right to bail

Under what circumstances can a peace officer use force to enter a building or property for making an arrest under F.S. §901.19?

After announcing their authority and purpose and failing to gain admittance

According to §901.02 of the Florida Statutes, when will a judge issue a summons instead of a warrant for an offense?

When the offense is within the judge's jurisdiction

Under Rule 3, when is a peace officer not required to have the warrant in his or her possession at the time of the arrest?

Upon request of the person arrested

Under §901.09 of the Florida Statutes, when will a judge issue a summons instead of a warrant?

When the judge reasonably believes that the person against whom the complaint was made will not appear upon a summons

What must a peace officer inform the person to be arrested when making an arrest by a warrant under Chapter 901 of Title XLVII of the Florida Statutes?

The cause of arrest and that a warrant has been issued

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