Florida Statute 901.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.04

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.

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Amendments to 901.04

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 901.04

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

S901.04 - OUT-OF-COUNTY WARRANT - RENUMBERED. SEE REC # 8696 - N: N

S901.04 - FAILURE TO APPEAR - RENUMBERED. SEE REC # 8697 - F: N

Cases Citing Statute 901.04

Total Results: 12

State Ex Rel. Wilson v. Quigg

17 So. 2d 697, 154 Fla. 348, 1944 Fla. LEXIS 702

Supreme Court of Florida | Filed: Apr 18, 1944 | Docket: 3263916

Cited 23 times | Published

prescribes the form and contents of the warrant, and Section 901.04 provides that the warrant shall be directed

State v. Boyd

717 So. 2d 524, 1998 WL 540014

Supreme Court of Florida | Filed: Aug 27, 1998 | Docket: 1681516

Cited 16 times | Published

committed an offense within his jurisdiction. Section 901.04, Florida Statutes (1991), provides: Warrants

Proctor v. State

97 So. 3d 313, 2012 WL 4033528, 2012 Fla. App. LEXIS 15445

District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311761

Cited 5 times | Published

of litigation); Charles W. Ehrhardt, Evidence, § 901.4, at 1057 (2011 ed.) (explaining that section 92

Moncrieffe v. State

55 So. 3d 736, 2011 Fla. App. LEXIS 3465, 2011 WL 890801

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2408632

Cited 5 times | Published

lacked authority to execute the warrant, because section 901.04, Florida Statutes (2005), directs that the

Trout v. State

927 So. 2d 1052, 2006 WL 1235767

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1765367

Cited 4 times | Published

defendant. Id. at 505 (emphasis supplied). Section 901.04, Florida Statutes, provides for the direction

PATRICIA ANNE TINKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369343

Published

W. Ehrhardt, 1 West’s Fla. Practice Series, section 901.4 (2021 ed.) (“However, a lay witness may not

Robertson v. State

81 So. 3d 629, 2012 Fla. App. LEXIS 3836, 2012 WL 751737

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 2533047

Published

judge lacks authority to execute a warrant. See § 901.04, Fla. Stat. (2011) (directing warrant is executed

Roshkind v. Roshkind

717 So. 2d 524

District Court of Appeal of Florida | Filed: Aug 27, 1998 | Docket: 64782784

Published

committed an offense within his jurisdiction. Section 901.04, Florida Statutes (1991), provides: Warrants

Ago

Florida Attorney General Reports | Filed: Oct 8, 1993 | Docket: 3256926

Published

state that is executed in their counties.4 Section 901.04, F.S., requires that arrest warrants be directed

United States v. Caldwell

776 F.2d 981

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 1985 | Docket: 66211802

Published

fact of authorship. 11 Moore’s Federal Practice § 901.04 (1976 & 1985). As he points out, this formulation

Miller v. Johnson

466 So. 2d 340, 10 Fla. L. Weekly 514, 1985 Fla. App. LEXIS 12719

District Court of Appeal of Florida | Filed: Feb 28, 1985 | Docket: 64610937

Published

this conflict, I agree with the state that section 901.04 has superseded the earlier statute (previously

Ago

Florida Attorney General Reports | Filed: May 11, 1983 | Docket: 3256431

Published

criminal process which is issued by the courts. Section 901.04, F.S., requires that arrest warrants be directed