Florida Statute 901.151 | 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. 901.151

901.151 Stop and Frisk Law.—

(1) This section may be known and cited as the “Florida Stop and Frisk Law.”

(2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.

(3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof.

(4) If at any time after the onset of the temporary detention authorized by subsection (2), probable cause for arrest of person shall appear, the person shall be arrested. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be released.

(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized.

(6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5).

History.—ss. 1, 2, ch. 69-73; s. 1459, ch. 97-102.

F.S. 901.151 on Google Scholar

F.S. 901.151 on Casetext

Amendments to 901.151

Arrestable Offenses / Crimes under Fla. Stat. 901.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.151.

Annotations, Discussions, Cases:

Cases Citing Statute 901.151

Total Results: 20

Miracle Letizia Atwell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: So. 3d 940, 943 (Fla. 1st DCA 2010) (citing § 901.151(4), Fla. Stat. (2007), and Popple v. State, 626

FERRELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: Ellis took the pocketknife from Mr. Ferrell. Cf. § 901.151(5), Fla. Stat. (2023) (providing that an officer

State of Florida v. Evelyn Barone

Court: District Court of Appeal of Florida | Date Filed: 2023-11-08

Snippet: (1968), and Florida’s Stop and Frisk Law, section 901.151, Florida Statutes (2022). See also Johnson, 361

JASON HASSAN BAXTER vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-10-27

Snippet: 994 So. 2d 1192, 1193 (Fla. 5th DCA 2008); § 901.151(2), Fla. Stat. (2021). “Therefore, ‘an investigatory

ROBERT RACHON BROOKS vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-06-16

Snippet: statute is admissible in any Florida court. See § 901.151(6), Fla. Stat. Such is also true of the statutes

Christian Cruz v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-07-01

Snippet: committing, or is about to commit a crime. See § 901.151(2), Fla. Stat. (2019); see also Terry v. Ohio

LU JING v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-04-28

Snippet: authority to conduct a Terry stop pursuant to section 901.151, Florida Statutes (2006), to investigate the offense

TERRI ALLENBRAND v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-13

Snippet: 626 So. 2d 185, 186 (Fla. 1993)); see also § 901.151(2), Fla. Stat. (2016). To avoid a violation of

Jerry Weakley v. State of Florida

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

Citation: 273 So. 3d 283

Snippet: a stop.” Popple, 626 So. 2d at 186; see also § 901.151 Fla. Stat. (1991). To justify an investigative

Jahquell Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-08-27

Citation: 253 So. 3d 1234

Snippet: is committing, or is about to commit a crime. § 901.151(2), Fla. Stat. (2014);

Blake Edwin Tripp v. State of Florida

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

Citation: 251 So. 3d 982

Snippet: surrounding the suspected criminal activity. § 901.151(2), Fla. Stat. An investigatory stop requires more

State v. Maxwell

Court: District Court of Appeal of Florida | Date Filed: 2018-05-09

Citation: 245 So. 3d 994

Snippet: 124 So. 3d 176, 183 (Fla. 2013); see also § 901.151(2), Fla. Stat. (2017) (the “Florida Stop and Frisk

JAMES W. JOHNS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-13

Snippet: ordinances of any municipality or county." § 901.151(2), Fla. Stat. (2012); see also Terry v. Ohio

LAMARCUS ANTONIO SLYDELL v. STATE OF FLORIDA

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

Citation: 240 So. 3d 134

Snippet: State, 626 So. 2d 185, 186 (Fla. 1993); see also § 901.151(2), Fla. Stat. (2016); United States v. Place

State v. Harris

Court: District Court of Appeal of Florida | Date Filed: 2017-12-15

Citation: 230 So. 3d 1285

Snippet: State, 626 So.2d 185, 186 (Fla. 1993) (citing § 901.151, Fla. Stat. (1991)). An investigatory stop requires

Ketan Kumar v. Nirav C. Patel

Court: Supreme Court of Florida | Date Filed: 2017-09-28

Citation: 227 So. 3d 557

Snippet: a reasonable suspicion of criminal activity. § 901.151, Fla. Stat. (2017). Then, if there is probable

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 224 So. 3d 806, 2017 WL 3316914, 2017 Fla. App. LEXIS 11260

Snippet: justified a pat-down search pursuant to section 901.151, Florida Statutes (2015). See McCloud v. State

Cole v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-20

Citation: 190 So. 3d 185, 2016 WL 1578469, 2016 Fla. App. LEXIS 5971

Snippet: State, 727 So.2d 204 (Fla.1998). Section 901.151(5), Florida Statutes (2012). (entitled “Stop and

Vaughn v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-11

Citation: 176 So. 3d 354, 2015 Fla. App. LEXIS 13617, 2015 WL 5306180

Snippet: to remove the knife for safety concerns. See § 901.151(5), Fla. Stat. (2014) (providing that when an officer'

G.M., a Child v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-08-12

Citation: 172 So. 3d 963, 2015 Fla. App. LEXIS 11954

Snippet: them for the presence of a weapon) (quoting § 901.151 Fla. Stat. (1995)). In Terry v. Ohio