Florida Statutes
Fla. Stat. § 790.02 (2025)
Officer to arrest without warrant and upon probable cause.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
790.02 Officer to arrest without warrant and upon probable cause.—The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed.
Notes of Decisions
Cited in 13
cases, 1967–2012 · leading case: Hall v. State, 517 So. 2d 678 (Fla. 1988).
Hall v. State, 517 So. 2d 678 (Fla. 1988). “) The elements of the offense of possession of a firearm are set forth in section 790.02(2): Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty…”
MacKey v. State, 83 So. 3d 942 (Fla. 3d DCA 2012). “§ 790.02 Fla. Stat. (2010) provides; The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s.”
Mitchell v. State, 494 So. 2d 498 (Fla. 2d DCA 1986). “It was this derringer which was the basis of the state's charge and the defendant's conviction. Officers who have reasonable grounds or probable cause to believe that a person is carrying a concealed weapon may make a warrantless arrest.”
Marden v. State, 203 So. 2d 638 (Fla. 3d DCA 1967). “The points presented on appeal are first, that the initial arrest was unlawful; second, *640 that the appellant was denied due process of law by not being taken before a committing magistrate without unnecessary delay upon his arrest on the concealed weapon charge; and third,…”
Dominguez v. State, 461 So. 2d 277 (Fla. 5th DCA 1985). “The two remaining offenses carrying a concealed weapon, section 790.02, Florida Statutes (1983); and *278 second degree grand theft, section 812.”
Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988). “13, there would also be a violation of section 790.02(2).[ [5] ] Robbery, under section 812.”
Gray v. State, 981 So. 2d 562 (Fla. 4th DCA 2008). “01(1) or (2) and Fla. Stat. 790.02, or trespassing. Trespassing on property other than a structure or conveyance occurs when: (1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or…”
Cronin v. State, 656 So. 2d 213 (Fla. 1st DCA 1995). “Officer Green then placed her under arrest for possession of a concealed weapon, as specifically authorized by section 790.02, Florida Statutes (1993). Search incident to that lawful arrest *215 turned up the pipe, later found to contain cocaine residue.”
Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990). “13, there would also be a violation of section 790.02(2) [sic]. Robbery, under section 812.”
State v. Hanigan, 312 So. 2d 785 (Fla. 2d DCA 1975). “01 and § 790.02. The protections of this section shall not apply to the following: * * * * * * "(3) Exceptions.”
Harris v. State, 520 So. 2d 639 (Fla. 1st DCA 1988). “13, Florida Statutes, and for possession of a firearm during the commission of a felony under section 790.02, arising out of the same criminal act.”
Diaz v. State, 527 So. 2d 300 (Fla. 2d DCA 1988). “13, there would also be a violation of section 790.02(2).[ [8] ] Robbery, under section 812.”
— 790.02(2) — 4 cases
Hall v. State, 517 So. 2d 678 (Fla. 1988). “) The elements of the offense of possession of a firearm are set forth in section 790.02(2): Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty…”
Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988). “13, there would also be a violation of section 790.02(2).[ [5] ] Robbery, under section 812.”
Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990). “13, there would also be a violation of section 790.02(2) [sic]. Robbery, under section 812.”
Diaz v. State, 527 So. 2d 300 (Fla. 2d DCA 1988). “13, there would also be a violation of section 790.02(2).[ [8] ] Robbery, under section 812.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.