Florida Statutes
Fla. Stat. § 901.19 (2025)
Right of officer to break into building.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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901.19 Right of officer to break into building.—
(1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.
(2) When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be publicly destroyed in the presence of witnesses under order of the court to that effect.
Notes of Decisions
Cited in 101
cases (4 in the last 5 years), 1947–2026 · leading case: State v. Cable, 51 So. 3d 434 (Fla. 2010).
State v. Cable, 51 So. 3d 434 (Fla. 2010). “She filed a motion to suppress the evidence against her on the ground that the warrant for her arrest was illegally executed in violation of section 901.19, Florida Statutes (2005)— Florida’s statute requiring police to announce their authority and purpose before entering a…”
State of Florida v. Christopher Markus, 211 So. 3d 894 (Fla. 2017). “Cases that turned on the application of section 901.19, Florida Statutes (1989) (Florida’s knock and announce statute), also correspond with the conclusion that minor offenses are generally not sufficient to give rise to exigent circumstances.”
Payton v. New York, 445 U.S. 573 (1980). “§ 43-414 (1977); Fla. Stat. § 901.19 (1979); Haw. Rev. Stat.”
Benefield v. State, 160 So. 2d 706 (Fla. 1964). “Section 901.19, Florida Statutes, F.S.A., like its counterpart California statute, appears to represent a codification of the English common law which recognized the fundamental sanctity of one's home yet nevertheless provides that an arresting officer "may break open doors, if…”
Jones v. State, 440 So. 2d 570 (Fla. 1983). “Appellant further argues that the officers' intrusion into his dwelling violated section 901.19(1), Florida Statutes (1981) The Knock and Announce Statute.”
State v. Hume, 512 So. 2d 185 (Fla. 1987). “1st DCA 1985), in which the district court construed article I, section 12, of the Florida Constitution (the new search-and-seizure section), and applied section 901.19, Florida Statutes (1985) (knock-and-announce statute).”
Johnson v. State, 395 So. 2d 594 (Fla. 2d DCA 1981). “Since section 901.19, Florida Statutes (1979), suffers the same defect, the requirements of Payton must be applied to petitioner's arrest here.”
Ortiz v. State, 600 So. 2d 530 (Fla. 3d DCA 1992). “He argued that the officers could not legally enter the apartment without a warrant unless they had probable cause to believe that a felony had been committed and unless they complied with Florida's "knock and announce" statute, section 901.19, Florida Statutes (1989). The State…”
State v. Bell, 249 So. 2d 748 (Fla. 4th DCA 1971). “" We ought instead to evaluate the circumstances of the situation guided by the test of good faith and reasonableness and ascertain (1) whether the circumstances were such as to reflect good faith compliance with Section 901.19, and (2) whether under such circumstances any…”
Espiet v. State, 797 So. 2d 598 (Fla. 5th DCA 2001). “3d DCA 1994) ("Section 901.19, Florida Statutes (1991), authorizes the police to enter a dwelling without a warrant only if the police are authorized to make a felony arrest.”
Griffin v. State, 419 So. 2d 320 (Fla. 1982). “When an individual invites more than one undercover law enforcement officer into a dwelling or other building in order to transact felonious business and one officer leaves the premises on the pretext of furthering the felonious transaction (but in reality to obtain…”
Rodriquez v. State, 189 So. 2d 656 (Fla. 3d DCA 1966). “In so doing, if the record reveals that the facts known to the arresting officers before their entry are not inconsistent with a good faith belief on their part that compliance with § 901.19(1) Fla. Stat., F.S.A., is excused, their failure to comply with the formal requirements…”
— 901.19(1) — 76 cases
State v. Cable, 51 So. 3d 434 (Fla. 2010). “She filed a motion to suppress the evidence against her on the ground that the warrant for her arrest was illegally executed in violation of section 901.19, Florida Statutes (2005)— Florida’s statute requiring police to announce their authority and purpose before entering a…”
Jones v. State, 440 So. 2d 570 (Fla. 1983). “Appellant further argues that the officers' intrusion into his dwelling violated section 901.19(1), Florida Statutes (1981) The Knock and Announce Statute.”
Benefield v. State, 160 So. 2d 706 (Fla. 1964). “Section 901.19, Florida Statutes, F.S.A., like its counterpart California statute, appears to represent a codification of the English common law which recognized the fundamental sanctity of one's home yet nevertheless provides that an arresting officer "may break open doors, if…”
State v. Bell, 249 So. 2d 748 (Fla. 4th DCA 1971). “" We ought instead to evaluate the circumstances of the situation guided by the test of good faith and reasonableness and ascertain (1) whether the circumstances were such as to reflect good faith compliance with Section 901.19, and (2) whether under such circumstances any…”
Griffin v. State, 419 So. 2d 320 (Fla. 1982). “When an individual invites more than one undercover law enforcement officer into a dwelling or other building in order to transact felonious business and one officer leaves the premises on the pretext of furthering the felonious transaction (but in reality to obtain…”
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