Florida Statute 901.17 - 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. 901.17

901.17 Method of arrest by officer without warrant.—A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer’s authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil the arrest.

History.—s. 17, ch. 19554, 1939; CGL 1940 Supp. 8663(17); s. 6, ch. 70-339; s. 1461, ch. 97-102.

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Amendments to 901.17

Annotations, Discussions, Cases:

Cases Citing Statute 901.17

Total Results: 18

Johnson v. State

660 So. 2d 648, 1995 WL 410693

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 1755926

Cited 61 times | Published

established under either section 901.16 *659 or section 901.17, Florida Statutes (1987).[12] Arrest statutes

Charles Leslie and Carlton Leslie v. Frankie E. Ingram, Jr., Duane F. Davis, and Johnny McDaniel Defendants

786 F.2d 1533, 1986 U.S. App. LEXIS 24580

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1986 | Docket: 519167

Cited 40 times | Published

under Florida law. Fla.Stat. *1536 § 901.17 (1983). 2 Moreover, under this circuit’s

Flowers v. State

12 So. 2d 772, 152 Fla. 649, 1943 Fla. LEXIS 998

Supreme Court of Florida | Filed: Mar 30, 1943 | Docket: 3276430

Cited 35 times | Published

this case the arresting officers violated both Section 901.17 and 901.23 Fla. States., 1941. In this case

State v. Mitchell

245 So. 2d 618

Supreme Court of Florida | Filed: Mar 3, 1971 | Docket: 1356452

Cited 34 times | Published

or saliva specimens." [13] F.S. § 901.16 and § 901.17, F.S.A., require officer making arrest to inform

State v. Perez

277 So. 2d 778

Supreme Court of Florida | Filed: May 16, 1973 | Docket: 2471171

Cited 16 times | Published

by another peace officer for execution." and Section 901.17 provides, "Method of arrest by officer without

City of Miami v. Nelson

186 So. 2d 535

District Court of Appeal of Florida | Filed: Mar 15, 1966 | Docket: 533160

Cited 15 times | Published

561; 5 Am.Jur.2d, Arrest, § 1. Furthermore, while § 901.17 Fla. Stat., F.S.A. requires that an officer effecting

Kirksey v. State

433 So. 2d 1236

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 1425135

Cited 14 times | Published

L.Ed.2d 441 (1963). The statute involved is Section 901.17, Florida Statutes (1979) which directs that

Lewis v. State

572 So. 2d 908, 1990 WL 191713

Supreme Court of Florida | Filed: Nov 29, 1990 | Docket: 479584

Cited 11 times | Published

reason for his arrest. He asserts a violation of section 901.17, Florida Statutes (1987).[5] An arresting officer

City of St. Petersburg v. Waller

261 So. 2d 151

Supreme Court of Florida | Filed: Apr 12, 1972 | Docket: 1358460

Cited 9 times | Published

process of committing the offense. Florida Statutes § 901.17, F.S.A. provides that a person arrested be informed

Florida Fish & Wildlife Conservation Commission v. Jeffrey

178 So. 3d 460, 2015 WL 5996755

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991547

Cited 4 times | Published

attempted to detain Respondent as required by section 901.17, Florida Statutes. 5 The trial court

Jones v. State

640 So. 2d 204, 1994 WL 397548

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 1371494

Cited 3 times | Published

informed of the cause of his arrest pursuant to section 901.17, Florida Statutes (1991), which governs warrantless

Albury v. State

910 So. 2d 930, 2005 Fla. App. LEXIS 14700, 2005 WL 2291174

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840383

Cited 2 times | Published

guilty of a misdemeanor of the first degree....” Section 901.17, Florida Statutes (2003), entitled, “Method

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

for arrest” when arresting without a warrant. § 901.17, Fla. Stat. (emphasis supplied). There is no similar

ROBERT RACHON BROOKS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2023 | Docket: 68034498

Published

1 (Fla. 3d DCA 1966) (“Furthermore, while [section 901.17] requires that an officer effecting an arrest

State v. Sanchez

465 So. 2d 1299, 10 Fla. L. Weekly 687, 1985 Fla. App. LEXIS 12880

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 64610855

Published

Johnson’s actions constituted the actual arrests. See § 901.17, Fla.Stat. (1983); see also Melton v. State, 75

Ago

Florida Attorney General Reports | Filed: Jul 27, 1977 | Docket: 3258433

Published

such arrests is also prescribed by Ch. 901. Section 901.17 provides: A peace officer making an arrest

Ago

Florida Attorney General Reports | Filed: Aug 24, 1976 | Docket: 3257521

Published

75-64, Laws of Florida. AS TO QUESTION 3: Section 901.17, F. S., provides: A peace officer making an

Ago

Florida Attorney General Reports | Filed: Feb 20, 1975 | Docket: 3257536

Published

[Melton v. State, 75 So.2d 291, 294 (Fla. 1954).] Section 901.17, F.S., states that an officer making an arrest