901.04

Direction and execution of warrant.

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901.04 Direction and execution of warrant.—Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the existence of the warrant. An arrest may be made on any day and at any time of the day or night.

History.—s. 4, ch. 19554, 1939; CGL 1940 Supp. 8663(4); s. 6, ch. 70-339; s. 34, ch. 73-334.

Notes of Decisions

Cited in 8 cases, 1944–2012 · leading case: State v. Boyd

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State v. Boyd (1998) fla · cites it 2× “Section 901.04, Florida Statutes (1991), provides: Warrants shall be directed to all sheriffs of the state.”

Trout v. State (2006) fladistctapp · cites it 2× “A warrant shall be executed only by the sheriff of the county in which the arrest is made . . . An arrest may be made on any day and at any time of the day or night.”

State Ex Rel. Wilson v. Quigg (1944) fla “03 prescribes the form and contents of the warrant, and Section 901.04 provides that the warrant shall be directed “to all and singular the sheriffs and constables of the State of Florida,” and shall be executed by officers of the class named.”

Moncrieffe v. State (2011) fladistctapp · cites it 2× “As defendant points out, even if the Lauder-hill Police Department had obtained an arrest warrant for the defendant, they would have lacked authority to execute the warrant, because section 901.04, Florida Statutes (2005), directs that the warrant be executed only by the sheriff…”

Michael Edward Pair v. City of Parker FL Police (2010) ca11 “Although Florida law requires a county sheriff to execute the arrest warrant, see Fla. Stat. § 901.04 , Officer Wilson obtained the cooperation of Deputy Dearth of the BCSO to arrest Pair.”

Miller v. Johnson (1985) fladistctapp · cites it 4× “Section 901.04, Florida Statutes provides: Direction and execution of warrant.”

Robertson v. State (2012) fladistctapp · cites it 2× “See § 901.04, Fla. Stat. (2011) (directing warrant is executed only by sheriff of county in which arrest is to be made unless arrest is made in fresh pursuit).”

Roshkind v. Roshkind (1998) fladistctapp · cites it 2× “Section 901.04, Florida Statutes (1991), provides: Warrants shall be directed to all sheriffs of the state.”

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