Florida Statute 901.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

View Entire Chapter

F.S. 901.19

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.

History.—s. 19, ch. 19554, 1939; CGL 1940 Supp. 8663(19); s. 8, ch. 70-339; s. 1463, ch. 97-102.

F.S. 901.19 on Google Scholar

F.S. 901.19 on Casetext

Amendments to 901.19

Arrestable Offenses / Crimes under Fla. Stat. 901.19

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.19.

Annotations, Discussions, Cases:

Cases Citing Statute 901.19

Total Results: 20

State of Florida v. Keith Alexander Times

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: similar provision regarding arrest warrants, section 901.19, which provides in subsection (1) that [i]f

JACK OWEN ALBRITTON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: “knock-and-announce” rule, pursuant to section 901.19(1), Florida Statutes (2020), before entering the

ANTHONY v. NIEVES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-02

Snippet: would be authorized as a statutory matter. See § 901.19 (authorizing warrantless entry to effect an arrest

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-14

Citation: 263 So. 3d 817

Snippet: The term “recipient” is defined in section 409.901(19), Florida Statutes (2016), and includes a person

Foster v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 244 So. 3d 430

Snippet: 602-03, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) ; § 901.19(1), Fla. Stat. (2016). After they entered the residence

Shakeyna Foster v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Snippet: Payton v. New York, 445 U.S. 573, 602-03 (1980); § 901.19(1), Fla. Stat. (2016). After they entered the residence

Falcon v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-27

Citation: 230 So. 3d 168

Snippet: of parallel knock-and-an-nounee provision of § 901.19(1)); see also Benefield, 160 So.2d at 710 (identifying

State of Florida v. Christopher Markus

Court: Supreme Court of Florida | Date Filed: 2017-01-31

Citation: 211 So. 3d 894, 42 Fla. L. Weekly Supp. 98, 2017 WL 411335, 2017 Fla. LEXIS 233

Snippet: Cases that turned on the application of section 901.19, Florida Statutes (1989) (Florida’s knock and announce

State v. Malcon L. Taylor

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 1240, 2016 Fla. App. LEXIS 15692

Snippet: Florida’s knock-and-announce statute found in section 901.19(1), Florida Statutes (2015). 1 *1241

Markus v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-27

Citation: 160 So. 3d 488, 2015 Fla. App. LEXIS 2847, 2015 WL 848086

Snippet: the trial court’s finding. . Likewise, section 901.19, Florida Statutes— the "knock and announce” statute

State v. Cable

Court: Supreme Court of Florida | Date Filed: 2010-12-09

Citation: 51 So. 3d 434, 35 Fla. L. Weekly Supp. 705, 2010 Fla. LEXIS 2084, 2010 WL 4977491

Snippet: issue does not contain an exclusionary rule. See § 901.19, Fla. Stat. (2005). This is not surprising because

Soto v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-30

Citation: 75 So. 3d 296, 2011 WL 5964367

Snippet: with the “knock-and-announce” statute, section 901.19(1), Florida Statutes (2005). It is admitted that

State v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

Citation: 50 So. 3d 37, 2010 Fla. App. LEXIS 17683, 2010 WL 4628590

Snippet: [the knock-and-announce arrest statute, section 901.19(1)]." Id. at 708. In this case, in contrast, the

Bennett v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-05

Citation: 46 So. 3d 1181, 2010 Fla. App. LEXIS 16740, 2010 WL 4365763

Snippet: section 901.19(1), Florida Statutes (2007), which provides in pertinent part as follows: 901.19 Right of

State v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2010-05-12

Citation: 36 So. 3d 770, 2010 Fla. App. LEXIS 6547

Snippet: reliance on the knock and announce statute, section 901.19(1), Florida Statutes (2007), is misplaced. II Warrantless

State v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2010-05-12

Citation: 36 So. 3d 770, 2010 WL 1875571

Snippet: reliance on the knock and announce statute, section 901.19(1), Florida Statutes (2007), is misplaced. II

Cable v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-09-04

Citation: 18 So. 3d 37, 2009 Fla. App. LEXIS 12890, 2009 WL 3248152

Snippet: room, the officer acted in violation of section 901.19(1), Florida Statutes (2005), Florida's knock-and-announce

Mobley v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-29

Citation: 14 So. 3d 1055, 2009 Fla. App. LEXIS 6960, 2009 WL 1491437

Snippet: arrested is or is reasonably believed to be. § 901.19(1), Fla. Stat. (2004). [2] The State does not

Jenkins v. State

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 978 So. 2d 116, 2008 WL 596782

Snippet: statute); see also §§ 395.3025(4), Fla. Stat. (1997); 901.19(1), Fla. Stat. (1961). But see Hudson v. Michigan

Jenkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-01-25

Citation: 924 So. 2d 20, 2006 WL 167672

Snippet: requirement for the execution of search warrants; section 901.19(1), Florida Statutes (2005), contains the same