arrest claim in Florida

24 Florida opinions name it 3 courts 1965–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

Case	Followed	Cited
Jackson v. Navarrogreen fladistctapp · 1995 · cited in 2 Florida opinions naming this issue, 2004–2012 2 sentences 2012Mailly v. Jenne, 867 So.2d 1250, 1251 (Fla. 4th DCA 2004); Jackson v. Navarro, 665 So.2d 340, 342 (Fla. 4th DCA 1995). 2004See Jackson v. Navarro, 665 So.2d 340, 342 (Fla. 4th DCA 1995).	2	2
S. H. Kress & Co. v. Powellgreen fla · 1938 · cited in 1 Florida opinions naming this issue, 2024–2024 1 sentence 2024Kress & Co. v. Powel, 180 So. 757, 762 (Fla. 1938))); Florez v. Broward Sheriff’s Office, 270 So. 3d 417, 421-422 (Fla. 4th DCA 2019) (“When a claimant is arrested by an agency based on a facially sufficient and validly issued arrest warrant, that person cannot satisfy the elements of a false arrest claim because the warrant confers ‘legal authority’ on the arresting agency.	1	1
GERMAN FLOREZ v. BROWARD SHERIFF'S OFFICE and HOWARD FORMAN, in his official capacity, etc.green fladistctapp · 2019 · cited in 1 Florida opinions naming this issue, 2024–2024 1 sentence 2024Kress & Co. v. Powel, 180 So. 757, 762 (Fla. 1938))); Florez v. Broward Sheriff’s Office, 270 So. 3d 417, 421-422 (Fla. 4th DCA 2019) (“When a claimant is arrested by an agency based on a facially sufficient and validly issued arrest warrant, that person cannot satisfy the elements of a false arrest claim because the warrant confers ‘legal authority’ on the arresting agency.	1	1
Johnson v. Weinergreen fla · 1944 · cited in 1 Florida opinions naming this issue, 2019–2019 1 sentence 2019Willingham v. City of Orlando, 929 So. 2d 43 , 49–50 (Fla. 5th DCA 2006) (recognizing that the torts of false imprisonment and false arrest are “often ‘distinguishable in terminology only’” and are treated as “the same tort when the issue involves an arrest and detention by a law enforcement officer” (quoting Johnson v. Weiner, 19 So. 2d 699, 700 (Fla. 1944))). 2 As outlined in the Second Restatement of Torts, “‘[d]uty’ is rarely used in dealing with the invasions of legally protected interests by acts which are intended to invade them.” RESTATEMENT (SECOND) OF TORTS § 4 cmt. b (AM.	1	1
Collections USA, Inc. v. City of Homesteadgreen fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2017–2017 1 sentence 2017Collections, USA, Inc. v. City of Homestead, 816 So.2d 1225, 1227 (Fla. 3d DCA 2002).	1	1
Vermette v. Ludwiggreen fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015See Vermette v. Ludwig, 707 So.2d 742, 746 (Fla. 2d DCA 1997) (“An arrest without probable cause violates the Fourth Amendment and establishes a cause of action under § 1983.	1	1
Thompson v. Stategreen fla · 1987 · cited in 1 Florida opinions naming this issue, 2013–2013 1 sentence 2013Cf. Thompson, 507 So.2d at 1075 (trial court’s error in denying the defendant’s requested attorney-client consultation during a recess was not harmless where the state was granted the recess for the sole purpose of researching ways to impeach the defendant regarding a subsequent arrest which defense counsel apparently advised him would be inadmissible).	1	1
Brodnicki v. City Of Omahagreen ca8 · 1996 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012See Brodnichi v. City of Omaha, 75 F.3d 1261 , 1264 (8th Cir.1996) (holding that even if the defendant asserts an alibi defense prior to arrest, a police officer is not required to investigate a defendant’s alibi before making a probable cause determination); 1 see also City of St.	1	1
Dodds v. Stategreen fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012McCoy, 565 So.2d at 861 ; Dodds v. State, 434 So.2d 940, 942 (Fla. 4th DCA 1983); see also United States v. Covelli, 738 F.2d 847, 853-54 (7th Cir.1984) (finding that an arrest for passing a counterfeit bill was lawful notwithstanding the bill turned out to be legitimate).	1	1
United States v. Robert Covelli, David Frederick and Darwin Murraygreen ca7 · 1984 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012McCoy, 565 So.2d at 861 ; Dodds v. State, 434 So.2d 940, 942 (Fla. 4th DCA 1983); see also United States v. Covelli, 738 F.2d 847, 853-54 (7th Cir.1984) (finding that an arrest for passing a counterfeit bill was lawful notwithstanding the bill turned out to be legitimate).	1	1
Mailly v. Jennegreen fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012Mailly v. Jenne, 867 So.2d 1250, 1251 (Fla. 4th DCA 2004); Jackson v. Navarro, 665 So.2d 340, 342 (Fla. 4th DCA 1995).	1	1
City of St. Petersburg v. Hackmangreen fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012Petersburg v. Hackman, 672 So.2d 42, 44 (Fla. 2d DCA 1996) (holding that while a plaintiff may recover reasonable expenses, including attorneys’ fees incurred to secure his release from the illegal restraint, attorneys’ fees incurred after being released and prior to the State Attorney’s decision not to prosecute the case are not recoverable in a false arrest claim); see also City of Miami Beach v. Bretagna, 190 So.2d 364, 365 (Fla. 3d DCA 1966) (quoting Fid. & Deposit Co. of Md. v. Adkins, 222 Ala. 17 , 130 So. 552 (1930)) (citation omitted), wherein, this Court stated: It is well settled tha	1	1
Fidelity Deposit Co. of Maryland v. Adkinsgreen ala · 1930 · cited in 1 Florida opinions naming this issue, 2012–2012 2 sentences 2012Petersburg v. Hackman, 672 So.2d 42, 44 (Fla. 2d DCA 1996) (holding that while a plaintiff may recover reasonable expenses, including attorneys’ fees incurred to secure his release from the illegal restraint, attorneys’ fees incurred after being released and prior to the State Attorney’s decision not to prosecute the case are not recoverable in a false arrest claim); see also City of Miami Beach v. Bretagna, 190 So.2d 364, 365 (Fla. 3d DCA 1966) (quoting Fid. & Deposit Co. of Md. v. Adkins, 222 Ala. 17 , 130 So. 552 (1930)) (citation omitted), wherein, this Court stated: It is well settled tha 2012Petersburg v. Hackman, 672 So.2d 42, 44 (Fla. 2d DCA 1996) (holding that while a plaintiff may recover reasonable expenses, including attorneys’ fees incurred to secure his release from the illegal restraint, attorneys’ fees incurred after being released and prior to the State Attorney’s decision not to prosecute the case are not recoverable in a false arrest claim); see also City of Miami Beach v. Bretagna, 190 So.2d 364, 365 (Fla. 3d DCA 1966) (quoting Fid. & Deposit Co. of Md. v. Adkins, 222 Ala. 17 , 130 So. 552 (1930)) (citation omitted), wherein, this Court stated: It is well settled tha	1	1
City of Miami Beach v. Bretagnagreen fladistctapp · 1966 · cited in 1 Florida opinions naming this issue, 2012–2012 1 sentence 2012Petersburg v. Hackman, 672 So.2d 42, 44 (Fla. 2d DCA 1996) (holding that while a plaintiff may recover reasonable expenses, including attorneys’ fees incurred to secure his release from the illegal restraint, attorneys’ fees incurred after being released and prior to the State Attorney’s decision not to prosecute the case are not recoverable in a false arrest claim); see also City of Miami Beach v. Bretagna, 190 So.2d 364, 365 (Fla. 3d DCA 1966) (quoting Fid. & Deposit Co. of Md. v. Adkins, 222 Ala. 17 , 130 So. 552 (1930)) (citation omitted), wherein, this Court stated: It is well settled tha	1	1
Atlantic Cylinder Corp. v. Hetnergreen fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1994–1994 1 sentence 1994The court noted: "Where a suit is brought against an employer for the alleged wrong of an employee ... a judgment on the merits for the employer bars an action against the employee." Atlantic Cylinder Corp. v. Hetner, 438 So.2d 922, 923 (Fla. 1st DCA 1983), pet. for rev. denied, 447 So.2d 885 (Fla. 1984).	1	1
State v. Parsonsgreen fla · 1990 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991See § 775.08(3), Fla. Stat. [11] § 318.14, Fla. Stat. [12] § 316.271(4), Fla. Stat., (1989). [13] It is significant that the supreme court referred to the authority to detain and cite for traffic infractions as an "arrest" in State v. Parsons, 569 So.2d 437 (Fla. 1990).	1	1
City of Miami v. Grahamgreen fladistctapp · 1975 · cited in 1 Florida opinions naming this issue, 1985–1985	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
STATE, DEPT. OF HIGHWAY SAFETY v. Pipkingreen fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008But see State, Dep’t of Highway Safety & Motor Vehicles v. Pipkin, 927 So.2d 901, 903 (Fla. 3d DCA 2005) (determining that an officer could not make a stop outside his jurisdiction for a traffic offense and that a citizen’s arrest analysis did not apply because the driver’s conduct did not constitute a felony).	1	1

Also cited on this issue (23)

Case	Cited	Years
Lowery v. State green fladistctapp · 1978 2 sentences 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978). 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978).	2	1990–1990
Smith v. State green fladistctapp · 1981 2 sentences 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978). 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978).	2	1990–1990
Morley v. State red fladistctapp · 1978 2 sentences 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978). 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978).	2	1990–1990
Davis v. State green fladistctapp · 1980 2 sentences 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978). 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978).	2	1990–1990
Blake v. State green fladistctapp · 1983 2 sentences 1990While the illegality of the underlying arrest is no defense to resisting the arrest with force or violence, Blake v. State, 433 So.2d 611 (Fla. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule still remains that a person may lawfully resist an illegal arrest without using any force or violence. 1990While the illegality of the underlying arrest is no defense to resisting the arrest with force or violence, Blake v. State, 433 So.2d 611 (Fla. 1st DCA 1983), section 776.051, Florida Statutes (1989), the common law rule still remains that a person may lawfully resist an illegal arrest without using any force or violence.	2	1990–1990
Marshall v. State green fladistctapp · 1978 2 sentences 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978). 1990Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981); Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); Marshall v. State, 354 So.2d 107 (Fla. 2d DCA 1978).	2	1990–1990
Jones v. State green fla · 1974 2 sentences 1976The appellant in Jones v. State, 293 So.2d 33 (Fla. 1974), contended that his conviction for possession of marijuana should be reversed because the marijuana, introduced in evidence against him, was seized incident to an arrest for violation of Section 847.05, Florida Statutes (1975). 1976The appellant in Jones v. State, 293 So.2d 33 (Fla. 1974), contended that his conviction for possession of marijuana should be reversed because the marijuana, introduced in evidence against him, was seized incident to an arrest for violation of Section 847.05, Florida Statutes (1975).	2	1976–1976
THE CITY OF BOCA RATON, FL v. CLAIRE L. BASSO green fladistctapp · 2018 2 sentences 2019Id. 2019Id.	1	2019–2019
Willingham v. City of Orlando green fladistctapp · 2006 1 sentence 2019Willingham v. City of Orlando, 929 So. 2d 43 , 49–50 (Fla. 5th DCA 2006) (recognizing that the torts of false imprisonment and false arrest are “often ‘distinguishable in terminology only’” and are treated as “the same tort when the issue involves an arrest and detention by a law enforcement officer” (quoting Johnson v. Weiner, 19 So. 2d 699, 700 (Fla. 1944))). 2 As outlined in the Second Restatement of Torts, “‘[d]uty’ is rarely used in dealing with the invasions of legally protected interests by acts which are intended to invade them.” RESTATEMENT (SECOND) OF TORTS § 4 cmt. b (AM.	1	2019–2019
McCoy v. State green fladistctapp · 1990 1 sentence 2012McCoy, 565 So.2d at 861 ; Dodds v. State, 434 So.2d 940, 942 (Fla. 4th DCA 1983); see also United States v. Covelli, 738 F.2d 847, 853-54 (7th Cir.1984) (finding that an arrest for passing a counterfeit bill was lawful notwithstanding the bill turned out to be legitimate).	1	2012–2012
Hilgeman v. State green fladistctapp · 2001 1 sentence 2011Thus, even if we assume that the officer made a proper initial stop of Mr. Sower-by’s vehicle, 1 he should have ceased asking for additional information when he found that the plate was, in fact, properly placed. 2 See also Hilgeman v. State, 790 So.2d 485 (Fla. 5th DCA 2001) (a law enforcement officer is charged with knowledge of the law and his misapprehension of the law will not establish probable cause for an arrest for a violation).	1	2011–2011
Malley v. Briggs green scotus · 1986 2 sentences 1995Plaintiff argues the fact that this arrest was pursuant to a capias no longer bars a false arrest claim, relying on Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986). 1995Plaintiff argues the fact that this arrest was pursuant to a capias no longer bars a false arrest claim, relying on Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986).	1	1995–1995
Snow v. State neutral fladistctapp · 1965 1 sentence 1991However, the court in Snow v. State, 179 So.2d 99 (Fla. 3d DCA 1965) refers to a violation of an ordinance as a misdemeanor and the court in Canney v. State, 298 So.2d 495 (Fla. 2d DCA 1973) authorized the arrest for violation of a municipal ordinance as a "felony or misdemeanor" committed in the officer's presence. [4] § 1, Chap. 74-192, Laws of Florida (1974). [5] See, e.g., §§ 775.08, 775.082(5), 901.(15)(1) and 951.23(1)(d), Fla. Stat. [6] § 775.08(4), Fla. Stat. (1974 Supp.) and § 775.08(2), Fla. Stat. (1974 Supp.). [7] City of Milwaukee v. Horvath, 143 N.W.2d 446 , 31 Wis.2d 490 (1966) i	1	1991–1991
City of Milwaukee v. Horvath green wis · 1966	1	1991–1991
Canney v. State green fladistctapp · 1973	1	1991–1991
Baugher v. Alachua County neutral fladistctapp · 1975	1	1991–1991
Payton v. New York green scotus · 1980	1	1982–1982
KG v. State green fladistctapp · 1976	1	1979–1979
Taylor v. State green fladistctapp · 1978	1	1979–1979
State v. Stevens green fladistctapp · 1978	1	1979–1979
Michigan v. DeFillippo green scotus · 1979	1	1979–1979
Russo v. State green fladistctapp · 1972	1	1973–1973
Johnson v. State green fla · 1946	1	1965–1965

Statutes the citing opinions construe

FL § 768.28 (5) FL § 776.051 (3) FL § 901.15 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 50 (1912–2023) CA 40 (1962–2024) OH 27 (1976–2026) TX 26 (1969–2024) IL 26 (1969–2025) GA 25 (1900–2023) FL 24 (1965–2024) IN 19 (1926–2016) MD 19 (1960–2019) LA 18 (1961–2019) WI 18 (1976–2026) PA 17 (1971–2018) MO 16 (1921–2024) MI 14 (1980–2026) NJ 14 (1964–2026) DC 14 (1982–2023) OR 13 (1962–2024) CT 13 (1989–2024) NM 10 (1980–2025) AR 10 (1980–2026) IA 10 (1917–2024) KY 8 (2006–2026) WA 8 (1915–1999) SC 8 (1901–2020) AL 7 (1986–1995) AZ 7 (1974–2015) MA 7 (1980–2019) VA 6 (1997–2021) CO 6 (1984–2019) TN 5 (2000–2017) WV 5 (1980–2007) OK 5 (1950–1986) AK 5 (1973–2004) ME 5 (1980–2010) NC 4 (1976–2019) ID 4 (1970–1994) MN 4 (1978–2006) VT 3 (1993–2013) HI 3 (1872–1995) MT 3 (1999–2021) SD 3 (1915–2010) RI 2 (2005–2011) PR 2 (1953–1954) NE 2 (1912–2018) DE 2 (2019–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check