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Florida Statute 901.19 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 901.19 Case Law from Google Scholar Google Search for Amendments to 901.19

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: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: similar provision regarding arrest warrants, section 901.19, which provides in subsection (1) that [i]…believed to be. Because both sections 933.09 and 901.19 “impose the same salutary requirement of knock …discussing the knock-and-announce requirement of section 901.19(1), Florida Statutes, the Court emphasized that… been applied to violations not only of section 901.19 but also section 933.09. Id. at 437-44. Cable thus

JACK OWEN ALBRITTON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

Snippet: “knock-and-announce” rule, pursuant to section 901.19(1), Florida Statutes (2020), before entering the…3d 488, 490 n.2 (Fla. 1st DCA 2015) (“[S]ection 901.19, Florida Statutes—the knock and announce statute—has

ANTHONY v. NIEVES v. STATE OF FLORIDA

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

Snippet: would be authorized as a statutory matter. See § 901.19 (authorizing warrantless entry to effect an arrest…was an "entry" for purposes of section 901.19(1)). Thus, the warrantless arrest here could be…Payton even though authorized by sections 901.15 and 901.19); Johnson v. State, 395 So. 2d 594, 596 (Fla. 2d

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-13T23:53:00-08:00

Snippet: The term “recipient” is defined in section 409.901(19), Florida Statutes (2016), and includes a person…make payments under the Medicaid program.” § 409.901(19), Fla. Stat. (2016). It also distinguishes recipients

Shakeyna Foster v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-13T00:53:00-07:00

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

Foster v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-13T00:00:00-07:00

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

Falcon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-27T00:00:00-07:00

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: Fla. | Date Filed: 2017-01-31T00:00:00-08:00

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…officers did not have the authority under subsection 901.19(1) to enter Ortiz’ apartment.’’); Johnson v. State…596 (Fla. 2d DCA 1981) (“Understate law [section 901.19, Florida Statutes (1979),] there is simply no authority

State v. Malcon L. Taylor

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-21T00:00:00-07:00

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…the failure of the police to comply with section 901.19(1) and the holding in State v. Cable, …interpret the common law authorities in relation to § 901.19(1), Florida Statutes, F.S.A., we conclude that …peculiar facts of this case, we are convinced that § 901.19(1), Florida Statutes, F.S.A., was violated and …applicable to instances where violations of section 901.19(1) are alleged. Therefore, the trial court’s application

Markus v. State

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

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

State v. Cable

Court: Fla. | Date Filed: 2010-12-09T00:00:00-08:00

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….2d 706 (Fla.1964), the plain language of section 901.19 would be consistent with the United States and

Soto v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-30T00:00:00-08:00

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…execute an arrest warrant, as the statute requires. § 901.19(1) (If a peace officer fails to gain admittance

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-17T00:00:00-08:00

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… separate knock-and-announce provision, section 901.19(1), Florida Statutes (2007). [3] The distinction

Bennett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-05T00:00:00-07:00

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…Supreme Court cited Florida's statute, section 901.19, in its discussion of similar statutes enacted …State's reliance on probable cause and section 901.19 is misplaced. This was made clear in Minnesota

State v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-12T00:53:00-07:00

Citation: 36 So. 3d 770

Snippet: reliance on the knock and announce statute, section 901.19(1), Florida Statutes (2007), is misplaced. II …on the "knock and announce" statute, § 901.19(1), Fla. Stat. (2007)[2], as interpreted in Ortiz…to the reason for the chase. Relying on section 901.19, this court concluded the officers' warrant-and-knock…exigency need not, in fact, exist). [2] Section 901.19(1), Florida Statutes (2007), provides: If a peace

State v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-12T00:00:00-07:00

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…is based on the “knock and announce” statute, § 901.19(1), Fla. Stat. (2007)2, as interpreted in Ortiz…to the reason for the chase. Relying on section 901.19, this court concluded the officers’ warrant-and-knoek…exigency need not, in fact, exist). . Section 901.19(1), Florida Statutes (2007), provides: If a peace

Cable v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-04T00:00:00-07:00

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…Benefield, 160 So.2d at 710 (stating that section 901.19 "appears to represent a codification of the

Mobley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-29T00:00:00-07:00

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: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 978 So. 2d 116

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: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T23:53:00-08:00

Citation: 924 So. 2d 20

Snippet: requirement for the execution of search warrants; section 901.19(1), Florida Statutes (2005), contains the same …violation of knock-and-announce requirements of section 901.19(1), Florida Statutes (1959)); State v. Robinson