Florida Statute 901.21 | Lawyer Caselaw & Research

The 2024 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.

F.S. 901.21 on Google Scholar

F.S. 901.21 on Casetext

Amendments to 901.21

Arrestable Offenses / Crimes under Fla. Stat. 901.21

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.21.

Annotations, Discussions, Cases:

Cases Citing Statute 901.21

Total Results: 20

Rivera v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-08

Snippet: Office standard operating procedures, and section 901.21, Florida Statutes, the court found that the officers

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-04-23

Snippet: to discuss attorney's fees). 20 722 So. 2d at 901. 21 See Op. Att'y Gen. Fla. 95-06 (1995). 22 See Op

State v. Lingo

Court: District Court of Appeal of Florida | Date Filed: 2001-10-10

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

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

Bergeron v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-08-09

Citation: 583 So. 2d 790, 1991 WL 150414

Snippet: lawful arrest." See Julian; see also §§ 901.151, 901.21, Fla. Stat. (1987). The trial judge, however, found

State v. Bowden

Court: District Court of Appeal of Florida | Date Filed: 1989-02-03

Citation: 538 So. 2d 83, 1989 WL 7515

Snippet: lawfully as a search incident to an arrest. See § 901.21, Fla. Stat. (1987); Williams v. State, 516 So.2d

McLane v. Rose

Court: District Court of Appeal of Florida | Date Filed: 1989-01-06

Citation: 537 So. 2d 652, 1989 WL 194

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

Julian v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-06-15

Citation: 528 So. 2d 427, 1988 WL 60472

Snippet: "search incident to lawful arrest." See §§ 901.151, 901.21, Fla. Stat. (1985). The record in this case, however

State v. McCormack

Court: District Court of Appeal of Florida | Date Filed: 1987-12-15

Citation: 517 So. 2d 73, 1987 WL 2703

Snippet: 1137, 1139 (Fla. 2d DCA 1976); see §§ 901.15 and 901.21, Fla. Stat. (1985). At the hearing on the motion

State v. King

Court: District Court of Appeal of Florida | Date Filed: 1981-11-11

Citation: 405 So. 2d 770

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

Polk v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-11-03

Citation: 405 So. 2d 758

Snippet: and search on authority of Sections 856.021 and 901.21, Florida Statutes (1979); State v. Ecker, 311 So

Login v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-02-17

Citation: 394 So. 2d 183

Snippet: State, 65 So.2d 845 (Fla. 1953); §§ 901.15(3), 901.21(1), Fla. Stat. (1979). 1 The defendant urges,

State v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1981-02-03

Citation: 394 So. 2d 440

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

Hunte v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-09-17

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

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

State v. Bell

Court: District Court of Appeal of Florida | Date Filed: 1980-04-01

Citation: 382 So. 2d 119

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

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-09-19

Citation: 363 So. 2d 21

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

Brant v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-08-09

Citation: 349 So. 2d 674

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

State v. Blanco

Court: District Court of Appeal of Florida | Date Filed: 1976-12-01

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-19

Snippet: arrest by a peace officer without a warrant, and s. 901.21, F. S., as to searches of persons so arrested.

Wigfall v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-10-21

Citation: 323 So. 2d 587

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