Florida Statutes
Fla. Stat. § 901.21 (2025)
Search of person arrested.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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
(c) Discovering the fruits of a crime.
(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
(c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime.
Notes of Decisions
Cited in 31
cases (1 in the last 5 years), 1950–2024 · leading case: State v. Gustafson, 258 So. 2d 1 (Fla. 1972).
State v. Gustafson, 258 So. 2d 1 (Fla. 1972). “[5] Fla. Stat. § 901.21 , F.S.A. (1970) also supports such search.”
Gustafson v. State, 243 So. 2d 615 (Fla. 4th DCA 1971). “The authority of an arresting officer to search the person being arrested is embodied in Section 901.21, Florida Statutes, F.S.A. [1] Nevertheless, the Florida Supreme Court has determined incident searches to be unreasonable where a person is arrested for an alleged traffic…”
State v. Bell, 382 So. 2d 119 (Fla. 3d DCA 1980). “§ 901.21, Fla. Stat. (1979). Contraband seized from a search of his person at police headquarters is clearly admissible in evidence.”
McLane v. Rose, 537 So. 2d 652 (Fla. 2d DCA 1989). “See § 901.21, Fla. Stat. (1987). Since the contraband was properly seized from the appellee and he admittedly possessed the contraband within the automobile, the trial court erred in denying the appellant's petition for forfeiture.”
Smith v. State, 363 So. 2d 21 (Fla. 3d DCA 1978). “Here, pursuant to appellant's lawful arrest, based on probable cause, a proper search of appellant was made which revealed the cocaine in his possession. For this latter offense, appellant pleaded nolo contendere and was properly convicted, adjudged guilty, and sentenced.”
Brown v. State, 46 So. 2d 479 (Fla. 1950). “ch articles in violation of law, when the search warrant is held insufficient for the reason that it is based on a defective and insufficient affidavit? *481 It is provided by statute that a peace officer may arrest without warrant "When he has reasonable ground to believe that…”
State v. King, 405 So. 2d 770 (Fla. 5th DCA 1981). “In this case, said the court, there was no evidence of a weapon or threat. Therefore, the court ruled that the warrantless search of the bag was invalid and granted the motion to suppress.”
Wigfall v. State, 323 So. 2d 587 (Fla. 3d DCA 1975). “2d 292 , and § 901.21, Fla. Stat., F.S.A. It is also our view that the reasonableness of the search *590 and seizure after arrest was not affected by the fact that the original stopping of appellant may have been without probable cause.”
Range v. State, 156 So. 2d 534 (Fla. 2d DCA 1963). “Section 901.21, Florida Statutes; Bozeman v.”
Brant v. State, 349 So. 2d 674 (Fla. 3d DCA 1977). “1972) and Section 901.21, Florida Statutes (1975). Defendant for his second and final point on appeal argues that the court erred in denying his motion for judgment of acquittal as to the charge of carrying a concealed weapon because he was within the exception of Section 790.”
State v. Bowden, 538 So. 2d 83 (Fla. 2d DCA 1989). “See § 901.21, Fla. Stat. (1987); Williams v. State, 516 So.”
Ackles v. State, 270 So. 2d 39 (Fla. 4th DCA 1972). “376 ; and Section 901.21(2), F.S.1971, F.S.A. . Appellant does not contend that the arrest was illegal'.”
— 901.21(1) — 5 cases
Garcia v. State, 110 So. 2d 709 (Fla. 2d DCA 1959).
State v. Ebert, 251 So. 2d 38 (Fla. 2d DCA 1971).
Farmer v. State, 208 So. 2d 266 (Fla. 3d DCA 1968).
Wells v. State, 203 So. 2d 199 (Fla. 2d DCA 1967).
State v. Aiken, 228 So. 2d 442 (Fla. 4th DCA 1969).
— 901.21(1)(a) — 1 case
State v. King, 405 So. 2d 770 (Fla. 5th DCA 1981). “In this case, said the court, there was no evidence of a weapon or threat. Therefore, the court ruled that the warrantless search of the bag was invalid and granted the motion to suppress.”
— 901.21(2) — 2 cases
Ackles v. State, 270 So. 2d 39 (Fla. 4th DCA 1972). “376 ; and Section 901.21(2), F.S.1971, F.S.A. . Appellant does not contend that the arrest was illegal'.”
Hunte v. State, 388 So. 2d 37 (Fla. 5th DCA 1980).
— 901.21(l)(c) — 1 case
State v. Henning, 171 P.3d 660 (Kan. Ct. App. 2007).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.