Florida Statute 901.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.02

901.02 Issuance of arrest warrants.—

(1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office.

(2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply:

(a) A complaint has been filed charging the commission of a misdemeanor only.

(b) The summons issued to the defendant has been returned unserved.

(3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint:

(a) Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically.

(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.

(4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.

History.—s. 2, ch. 19554, 1939; CGL 1940 Supp. 8663(2); s. 5, ch. 70-339; s. 1452, ch. 97-102; s. 1, ch. 99-169; s. 19, ch. 2004-11; s. 1, ch. 2013-247.

F.S. 901.02 on Google Scholar

F.S. 901.02 on Casetext

Amendments to 901.02

Arrestable Offenses / Crimes under Fla. Stat. 901.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.02.

Annotations, Discussions, Cases:

Cases Citing Statute 901.02

Total Results: 20

Grand Harbor Community Association, Inc. v. GH Vero Beach Development, LLC, Bahadur

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: v. Digit Dirt Worx, Inc., 793 Fed. App’x 896, 901–02 (11th Cir. 2019) (citing Beaird v. Seagate Tech

ERIC DAVID ZANGRONIZ v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-29

Snippet: are police officers.”); Brooks, 762 So. 2d at 901–02 (finding improper vouching due to statements suggesting

STATE OF FLORIDA vs MELVIN ERNEST REDHEAD

Court: District Court of Appeal of Florida | Date Filed: 2022-06-10

Snippet: arrival, leave with small packages in tow. Id. at 901–02. One of the individuals observed by the officers

PATRICK HANNAN v. GAIL DOYLE

Court: District Court of Appeal of Florida | Date Filed: 2022-03-09

Snippet: the existence of the defense.”); see also § 733.901(2), Fla. Stat. (2020); Sims v. Barnard, 257 So. 3d

NIKOLAS CRUZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: legal analysis of the attorneys involved. Id. at 901- 02. The Florida Supreme Court explained: Requiring

RYAN MATTHEW TRITSCHLER v. HOLLY MARIE TRITSCHLER

Court: District Court of Appeal of Florida | Date Filed: 2019-06-07

Citation: 273 So. 3d 1161

Snippet: 2d DCA 2016); Heiny v. Heiny, 113 So. 3d 897, 901-02 (Fla. 2d DCA 2013); Pignataro v. Rutledge, 841

Hodges v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Citation: 262 So. 3d 842

Snippet: 06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period

Hodges v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Citation: 262 So. 3d 842

Snippet: 06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period

Curtis Wayne Hodges v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Snippet: 06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period

Margo Dettelbach v. Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2018-12-10

Citation: 261 So. 3d 676

Snippet: chosen to do so. See, e.g., Andrews, 243 So. 3d at 901-02 (“Requiring a defendant to reveal . . . the name

State of Florida v. Flem Williams

Court: District Court of Appeal of Florida | Date Filed: 2018-12-05

Citation: 260 So. 3d 472

Snippet: Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section 948

Jason Bradley Sims v. Robert F. Barnard and Jelks & White, P. A.

Court: District Court of Appeal of Florida | Date Filed: 2018-11-06

Citation: 257 So. 3d 630

Snippet: to the trial court’s application of section 733.901(2) were undisputed. Upon stipulation of the parties

Tavares J. Wright v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Snippet: and knew how to use the city bus system. Id. at 901-02. All of that evidence cuts against a finding of

State of Florida v. Flem Williams

Court: District Court of Appeal of Florida | Date Filed: 2018-10-15

Snippet: Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section 948

Tavares J. Wright v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 256 So. 3d 766

Snippet: use the city bus system. Id. at 901-02 . All of that evidence cuts against a finding

JOEL CANCHOLA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-09-07

Citation: 255 So. 3d 442

Snippet: by (1) the "issuance of a warrant under s.901.02," (2) "a warrantless arrest under [section

Diaz v. Kosch

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 250 So. 3d 156

Snippet: LLC v. Duke Realty Ltd. P’ship, 45 So. 3d 897, 901-02 (Fla. 3d DCA 2010) (oral modifications permitted

STATE OF FLORIDA v. DESTINEY LEE BEERY

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 244 So. 3d 339

Snippet: and following issuance of a warrant under s. 901.02, a warrantless arrest under this section, or a

Cary Michael Lambrix v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2017-09-26

Citation: 227 So. 3d 550

Snippet: discover until now. Lambrix, 124 So.3d at 901-02 (citations omitted) (emphasis added). Thus, Lambrix

North Broward Hospital District, etc. v. Susan Kalitan

Court: Supreme Court of Florida | Date Filed: 2017-06-08

Citation: 219 So. 3d 49, 42 Fla. L. Weekly Supp. 642, 2017 WL 2481225, 2017 Fla. LEXIS 1277, 2017 Fla. App. LEXIS 8449

Snippet: be fully compensated for those losses.” Id. at 901-02. Additionally, the plurality opinion described