Florida Statutes
Fla. Stat. § 901.04 (2025)
Direction and execution of warrant.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 901.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§901.04FAILURE TO APPEARRENUMBERED. SEE REC # 8697
§901.04OUT-OF-COUNTY WARRANTRENUMBERED. SEE REC # 8696
Notes of Decisions
Cited in 8
cases, 1944–2012 · leading case: State v. Boyd, 717 So. 2d 524 (Fla. 1998).
State v. Boyd, 717 So. 2d 524 (Fla. 1998). “Section 901.04, Florida Statutes (1991), provides: Warrants shall be directed to all sheriffs of the state.”
Trout v. State, 927 So. 2d 1052 (Fla. 4th DCA 2006). “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, 17 So. 2d 697 (Fla. 1944). “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, 55 So. 3d 736 (Fla. 4th DCA 2011). “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, 383 F. App'x 835 (11th Cir. 2010). “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, 466 So. 2d 340 (Fla. 5th DCA 1985). “Section 901.04, Florida Statutes provides: Direction and execution of warrant.”
Robertson v. State, 81 So. 3d 629 (Fla. 5th DCA 2012). “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, 717 So. 2d 524 (Fla. 1st DCA 1998). “Section 901.04, Florida Statutes (1991), provides: Warrants shall be directed to all sheriffs of the state.”
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