Florida Statute 901.15 | 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. 901.15

901.15 When arrest by officer without warrant is lawful.—A law enforcement officer may arrest a person without a warrant when:

(1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit.

(2) A felony has been committed and he or she reasonably believes that the person committed it.

(3) He or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it.

(4) A warrant for the arrest has been issued and is held by another peace officer for execution.

(5) A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. Any law enforcement officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated chapter 316, may arrest the driver for violation of those laws when reasonable and proper identification of the vehicle and the violation has been communicated to the arresting officer.

(6) There is probable cause to believe that the person has committed a criminal act according to s. 790.233 or according to s. 741.31, s. 784.047, or s. 825.1036 which violates an injunction for protection entered pursuant to s. 741.30, s. 784.046, or s. 825.1035 or a foreign protection order accorded full faith and credit pursuant to s. 741.315, over the objection of the petitioner, if necessary.

(7) There is probable cause to believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that otherwise might result by reason of his or her action.

(8) There is probable cause to believe that the person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. The decision to arrest does not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to protect abused children by strongly encouraging the arrest and prosecution of persons who commit child abuse. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of his or her action.

(9) There is probable cause to believe that the person has committed:

(a) Any battery upon another person, as defined in s. 784.03.

(b) An act of criminal mischief or a graffiti-related offense as described in s. 806.13.

(c) A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in s. 327.461.

(d) A racing, street takeover, or stunt driving violation as described in s. 316.191(2).

(e) An exposure of sexual organs in violation of s. 800.03.

(f) Possession of a firearm by a minor in violation of s. 790.22(3).

(10) The officer has determined that he or she has probable cause to believe that a misdemeanor has been committed, based upon a signed affidavit provided to the officer by a law enforcement officer of the United States Government, recognized as such by United States statute, or a United States military law enforcement officer, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, when the misdemeanor was committed in the presence of the United States law enforcement officer or the United States military law enforcement officer on federal military property over which the state has maintained exclusive jurisdiction for such a misdemeanor.

(11)(a) A law enforcement officer of the Florida National Guard, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, has probable cause to believe a felony was committed on state military property or when a felony or misdemeanor was committed in his or her presence on such property.

(b) All law enforcement officers of the Florida National Guard shall promptly surrender all persons arrested and charged with a felony to the sheriff of the county within which the state military property is located, and all persons arrested and charged with misdemeanors shall be surrendered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the state military property is located. The Florida National Guard shall promptly notify the applicable law enforcement agency of an arrest and the location of the prisoner.

(c) The Adjutant General, in consultation with the Criminal Justice Standards and Training Commission, shall prescribe minimum training standards for such law enforcement officers of the Florida National Guard.

(12) He or she is employed by the State of Florida as a law enforcement officer as defined in s. 943.10(1) or part-time law enforcement officer as defined in s. 943.10(6), and:

(a) He or she reasonably believes that a felony involving violence has been or is being committed and that the person to be arrested has committed or is committing the felony;

(b) While engaged in the exercise of his or her state law enforcement duties, the officer reasonably believes that a felony has been or is being committed; or

Notwithstanding any other provision of law, the authority of an officer pursuant to this subsection is statewide. This subsection does not limit the arrest authority conferred on such officer by any other provision of law.

(13) There is probable cause to believe that the person has committed an act that violates a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046.

(14) There is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in conspicuous areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas. An arrest under this subsection may be made on or off airport premises. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of the law enforcement officer’s action.

(15) There is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties.

(16) There is probable cause to believe that the person has committed a criminal act of sexual cyberharassment as described in s. 784.049.

History.—s. 15, ch. 19554, 1939; CGL 1940 Supp. 8663(15); s. 1, ch. 21782, 1943; s. 6, ch. 70-339; s. 4, ch. 71-982; s. 1, ch. 77-67; s. 1, ch. 83-119; s. 11, ch. 84-343; s. 1, ch. 85-198; s. 2, ch. 85-216; s. 1, ch. 86-130; s. 102, ch. 86-220; s. 1, ch. 87-45; s. 1, ch. 87-285; s. 2, ch. 88-344; s. 4, ch. 88-373; ss. 53, 71, ch. 88-381; s. 1, ch. 90-165; s. 68, ch. 91-110; s. 7, ch. 91-210; ss. 27, 29, ch. 94-134; ss. 27, 29, ch. 94-135; s. 20, ch. 95-195; s. 4, ch. 96-215; s. 24, ch. 96-322; s. 8, ch. 96-392; s. 68, ch. 96-413; ss. 1830, 1831, 1832, ch. 97-102; s. 10, ch. 97-155; s. 2, ch. 97-298; s. 2, ch. 98-93; s. 4, ch. 98-284; s. 105, ch. 99-3; s. 57, ch. 99-193; s. 6, ch. 2000-369; s. 1, ch. 2002-255; s. 4, ch. 2004-17; s. 7, ch. 2004-74; s. 8, ch. 2006-299; s. 4, ch. 2007-112; s. 3, ch. 2008-252; s. 9, ch. 2009-215; s. 4, ch. 2015-17; s. 2, ch. 2015-24; s. 7, ch. 2016-187; s. 4, ch. 2018-100; s. 2, ch. 2019-53; s. 2, ch. 2019-125; s. 2, ch. 2020-84; s. 6, ch. 2022-180; s. 3, ch. 2024-130.

F.S. 901.15 on Google Scholar

F.S. 901.15 on Casetext

Amendments to 901.15

Arrestable Offenses / Crimes under Fla. Stat. 901.15

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

S901.15 4 - OUT-OF-COUNTY WARRANT - - N: N

S901.15 4 - FAILURE TO APPEAR - FELONY WARRANT - F: N

Annotations, Discussions, Cases:

Cases Citing Statute 901.15

Total Results: 20

Geoffrey Carlo v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-03T00:00:00-08:00

Snippet: of the officer.” § 901.15(1), Fla. Stat. (2021) (emphasis added). But see § 901.15(9)(a)-(b), Fla. Stat…of section 901.15(1), Florida Statutes). Jing, 316 So. 3d at 730. Section 901.15(1)’s “misdemeanor… suppress the cocaine. The motion cited section 901.15(1), Florida Statutes (2021) (“A law enforcement…witnesses may have reported to the police, section 901.15(1) permits a warrantless …violation of the requirements of [section] 901.15(1)[, Florida Statutes (2021)]. The officers

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-14T00:00:00-08:00

Snippet: property, and law enforcement may use their section 901.15(6), Florida Statutes, arrest powers to enforce …real property, and law enforcement may use section 901.15(6), Florida Statutes, arrest powers to enforce

DUMILE CAROLINA WAGNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-31T00:00:00-07:00

Snippet: investigate the traffic crash as sections 316.645 and 901.15(5), Florida Statutes (2019), require for a warrantless…investigation to establish probable cause. See § 901.15(5), Fla. Stat. (2019) (“Any law enforcement officer

DUMILE CAROLINA WAGNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-06T23:53:00-08:00

Snippet: investigate the accident as sections 316.645 and 901.15(5), Florida Statutes (2019), require for a warrantless…investigation to establish probable cause. See § 901.15(5), Fla. Stat. (2019) (“Any law enforcement officer

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of …authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of …OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES. The arresting agent…authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of …OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES. The arresting agent

LU JING v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: the requirements of section 901.15(1), Florida Statutes). Section 901.15(1)’s “misdemeanor presence…Appellant’s arrest was not authorized under section 901.15, Florida Statutes (2019). Counsel … The second statute implicated here is section 901.15(1), which provides that, subject to certain statutory… 7 the statute. § 901.15(1), Fla. Stat. (2019). By the time both officers…subject to the arrest limitations imposed by section 901.15(1). “To establish the crime of loitering and

In Re: Amendments to the Florida Probate Rules - Vulnerable Adults

Court: Fla. | Date Filed: 2020-09-24T00:53:00-07:00

ANTHONY v. NIEVES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-02T00:53:00-07:00

Snippet: 3The State argues otherwise, relying on section 901.15(7), Florida Statutes (2017), which permits a warrantless…under Payton even though authorized by sections 901.15 and 901.19); Johnson v. State, 395 So. 2d 594,

TOJARRE J. NELSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-28T23:53:00-08:00

Snippet: Although the State argues that section 901.15(1), Florida Statutes (2016), permits an officer…court held that an "arrest" under section 901.15(1) does not mean a full custodial arrest and search

SYMONE JUSTINE BENT v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:00:00-07:00

Citation: 257 So. 3d 501

Snippet: misdemeanor that occurs in his or her presence. See § 901.15(1), Fla. Stat. In State v. Lord, 150 So. 3d

Thomas A. Sosnowski v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-17T00:53:00-07:00

Snippet: has committed an act of domestic violence. See § 901.15(7), Fla. Stat. (2015). The officers in this case

Ketan Kumar v. Nirav C. Patel

Court: Fla. | Date Filed: 2017-09-28T00:00:00-07:00

Citation: 227 So. 3d 557

Snippet: immediately effectuate the arrest, under section 901.15, Florida Statutes (2017), and should clearly do

State of Florida v. Stacey Renee McRae

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-21T00:00:00-07:00

Citation: 194 So. 3d 524

Snippet: her arrest without a warrant. See § • 901.15(2), Fla. Stat. (providing instances when an arrest

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of …OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES. The arresting agent…authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions…OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLORIDA STATUTES. The arresting agent shall…authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of

Hawxhurst v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 159 So. 3d 1012

Snippet: in the presence of the officer. See § 901.15(1), Fla. Stat. (2014). However, there are a number…in the presence of the officer. See § 901.15(9)(b) (providing that a “law enforcement officer…(a)(i). 2 . See § 901.15(6), Fla. Stat. (2014) (authorizing warrantless

Geoffrey Madge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-04T00:00:00-08:00

Citation: 160 So. 3d 86

Snippet: prior decisions have cited or relied upon section 901.15(1), Florida Statutes (2014), to support the requirement…, that reliance is seemingly misplaced. Section 901.15(1) requires an officer to witness a misdemeanor

Markus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-27T00:00:00-08:00

Citation: 160 So. 3d 488

Snippet: obey commands to stop. The court relied on section 901:15, Florida Statutes, and case law pertaining to war-rantless…home, we agree with the trial court that section 901.15 supported such warrantless arrest, even for a misdemeanor…prohibiting unreasonable searches is implicated. Section 901.15 does not specifically address the legality of a

Pashtenko v. Pashtenko

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 148 So. 3d 545

Snippet: request charge. F.S. 741.29(2) & (3) and F.S. 901.15(7) & (9) are applicable re investigation /arrest…incorrectly cited to sections 741.29(2), .29(3), 901.15(7), and .15(9) which apply to domestic violence

State of Florida v. Thomas Marvin Lord

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-12T00:00:00-07:00

Citation: 150 So. 3d 260

Snippet: defendant’s motion to suppress, because under sections 901.15 and 812.015, Florida Statutes (2013), the officers… circuit court erred by concluding that section 901.15 applied in this case by either supplanting or modifying… modifying section 812.015(4). Section 901.15(1) permits an officer to arrest without securing a warrant… a need that was not being addressed by section 901.15, “to give the merchant authority to detain a suspect…; only that they lacked authority under section 901.15(1). trial court further erred by concluding

Black v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-11T00:00:00-07:00

Citation: 141 So. 3d 769

Snippet: statements of his fellow officer, citing section 901.15, Florida Statutes (2012). This court has previously