Florida Statute 901.21 - 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. 901.21

901.21 Search of person arrested.—

(1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person’s immediate presence for the purpose of:

(a) Protecting the officer from attack;

(b) Preventing the person from escaping; or

(2) A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person’s immediate control, the seizure of which is reasonably necessary for the purpose of:

(a) Protecting the officer from attack;

(b) Preventing the escape of the arrested person; or

History.—s. 21, ch. 19554, 1939; CGL 1940 Supp. 8663(21); s. 10, ch. 70-339.

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Amendments to 901.21

Annotations, Discussions, Cases:

Cases Citing Statute 901.21

Total Results: 29

State v. Gustafson

258 So. 2d 1

Supreme Court of Florida | Filed: Jan 26, 1972 | Docket: 1236775

Cited 35 times | Published

an arrest for public drunkenness.[5] Fla. Stat. § 901.21, F.S.A. (1970) also supports such search. In the

Brown v. State

46 So. 2d 479, 1950 Fla. LEXIS 910

Supreme Court of Florida | Filed: May 26, 1950 | Docket: 1232367

Cited 24 times | Published

person is guilty of a violation of the law. See Section 901.21, Florida Statutes, 1941, F.S.A.; Cortes v.

Wigfall v. State

323 So. 2d 587

District Court of Appeal of Florida | Filed: Oct 21, 1975 | Docket: 1257960

Cited 21 times | Published

State v. Flores, Fla.App. 1974, 305 So.2d 292, and § 901.21, Fla. Stat., F.S.A. It is also our view that the

State v. Bell

382 So. 2d 119

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 611840

Cited 19 times | Published

valid arrest, a search of his person was lawful. § 901.21, Fla. Stat. (1979). Contraband seized from a search

Gustafson v. State

243 So. 2d 615

District Court of Appeal of Florida | Filed: Feb 8, 1971 | Docket: 539981

Cited 17 times | Published

search the person being arrested is embodied in Section 901.21, Florida Statutes, F.S.A.[1] Nevertheless,

State v. Foust

262 So. 2d 686

District Court of Appeal of Florida | Filed: May 30, 1972 | Docket: 429071

Cited 16 times | Published

actually would be in derogation of the statute, section 901.21. "[3] We reject these reversionary views as

Range v. State

156 So. 2d 534

District Court of Appeal of Florida | Filed: Oct 2, 1963 | Docket: 446150

Cited 16 times | Published

against the one in whose possession it is found. Section 901.21, Florida Statutes; Bozeman v. State, supra;

McLane v. Rose

537 So. 2d 652, 1989 WL 194

District Court of Appeal of Florida | Filed: Jan 6, 1989 | Docket: 1522632

Cited 12 times | Published

lawfully searched pursuant to that arrest. See § 901.21, Fla. Stat. (1987). Since the contraband was properly

Diaz v. State

43 So. 2d 13, 1949 Fla. LEXIS 1040

Supreme Court of Florida | Filed: Nov 29, 1949 | Docket: 3264413

Cited 11 times | Published

arrested has committed or is committing it." Section 901.21, Florida Statutes 1941, F.S.A., provides that

State v. Ebert

251 So. 2d 38

District Court of Appeal of Florida | Filed: Jul 30, 1971 | Docket: 459319

Cited 9 times | Published

searched the person of the appellee. Florida Statute § 901.21(1), F.S.A., specifically empowers an officer making

State v. King

405 So. 2d 770

District Court of Appeal of Florida | Filed: Nov 11, 1981 | Docket: 1348610

Cited 7 times | Published

area within that person's immediate control. See § 901.21(1)(a), Fla. Stat. (1979); Chimel v. California

State v. King

405 So. 2d 770

District Court of Appeal of Florida | Filed: Nov 11, 1981 | Docket: 1348610

Cited 7 times | Published

area within that person's immediate control. See § 901.21(1)(a), Fla. Stat. (1979); Chimel v. California

Brant v. State

349 So. 2d 674

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 1655281

Cited 6 times | Published

State v. Gustafson, 258 So.2d 1 (Fla. 1972) and Section 901.21, Florida Statutes (1975). Defendant for his

Smith v. State

363 So. 2d 21

District Court of Appeal of Florida | Filed: Sep 19, 1978 | Docket: 1513644

Cited 5 times | Published

752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), and § 901.21, Fla. Stat. (1975). When, as in this case, that

Garcia v. State

110 So. 2d 709

District Court of Appeal of Florida | Filed: Apr 3, 1959 | Docket: 2544441

Cited 4 times | Published

arrested has committed or is committing it. Under section 901.21(1), Florida Statutes, F.S.A., any law enforcement

State v. Howard

394 So. 2d 440

District Court of Appeal of Florida | Filed: Feb 3, 1981 | Docket: 2574773

Cited 3 times | Published

U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); § 901.21, Fla. Stat. (1979). Reversed and remanded.

Herring v. State

121 So. 2d 807

District Court of Appeal of Florida | Filed: Jul 7, 1960 | Docket: 1318213

Cited 3 times | Published

and seizure incidental to a lawful arrest. See § 901.21, Fla. Stat., F.S.A. This is an exception to the

State v. Bowden

538 So. 2d 83, 1989 WL 7515

District Court of Appeal of Florida | Filed: Feb 3, 1989 | Docket: 1517111

Cited 2 times | Published

lawfully as a search incident to an arrest. See § 901.21, Fla. Stat. (1987); Williams v. State, 516 So

Mobley v. State

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

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 2535294

Cited 1 times | Published

State, 985 So.2d 646, 649 (Fla. 2d DCA 2008). Section 901.21, Florida Statutes (2004), provides: (1) When

Rivera v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2024 | Docket: 69354846

Published

Sheriff's Office standard operating procedures, and section 901.21, Florida Statutes, the court found that the

State v. Lingo

796 So. 2d 1238, 2001 Fla. App. LEXIS 14615, 2001 WL 1205857

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 64809385

Published

The holding of Chimel has been codified in section 901.21, Florida Statutes, which authorizes an officer

Hunte v. State

388 So. 2d 37, 1980 Fla. App. LEXIS 17170

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578078

Published

COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . § 901.21(2), Fla.Stat. (1979). . State v. Forrest, 305

State v. Blanco

339 So. 2d 1137, 1976 Fla. App. LEXIS 15675

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 64556130

Published

State, 210 So.2d 497 (Fla.2d DCA 1968). See Section 901.21, Florida Statutes. An arrest was proper in

Santiago v. State

314 So. 2d 246, 1975 Fla. App. LEXIS 13744

District Court of Appeal of Florida | Filed: Jun 10, 1975 | Docket: 64547237

Published

89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); Fla.Stat. § 901.21, F.S.A.], the record shows that at least some

Ackles v. State

270 So. 2d 39, 1972 Fla. App. LEXIS 5714

District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 64529105

Published

Gardner, 1921, 82 Fla. 355, 91 So. 376; and Section 901.21(2), F.S.1971, F.S.A. . Appellant does not

State v. Aiken

228 So. 2d 442, 1969 Fla. App. LEXIS 4969

District Court of Appeal of Florida | Filed: Dec 3, 1969 | Docket: 64512168

Published

search was reasonable and pursuant to F.S. Section 901.21(1), F.S.A., the evidence found is admissible

Farmer v. State

208 So. 2d 266, 1968 Fla. App. LEXIS 5739

District Court of Appeal of Florida | Filed: Mar 19, 1968 | Docket: 64504513

Published

marijuana found on such search were proper under § 901.21(1) Fla.Stat., F.S.A. Brown v. State, Fla.1950

Wells v. State

203 So. 2d 199, 1967 Fla. App. LEXIS 4427

District Court of Appeal of Florida | Filed: Oct 20, 1967 | Docket: 64502624

Published

conducted as an incident to a lawful arrest. See Section 901.21(1), Fla.Stat., 1965, F.S.A. There was no error

Gray v. State

177 So. 2d 868

District Court of Appeal of Florida | Filed: Aug 3, 1965 | Docket: 64494000

Published

seizure which followed was valid and proper, Section 901.21, Florida Statutes, F.S.A.; Pegueno v. State