Florida/Georgia Personal Injury & Workers Compensation

...535 , 52 L.R.A. 751 ; People v. Stein, 265 Mich. 610 , 251 N.W. 788 , 92 A.L.R. 481 , and annotations at pages 490-501; 5 C.J. pp. 396 and 408; 6 C.J.S. 592; Agnello v. United States, 269 U. S. 20 , 70 L. Ed. 145 , 46 Sup. Ct. 4, 51 A.L.R. 409 , and annotations. Section 901.22 Fla....

...s such action. Since section 901.19, Florida Statutes (1979), suffers the same defect, the requirements of Payton must be applied to petitioner's arrest here. In reversing the order of the trial court in the instant case, the circuit court relied on section 901.22, Florida Statutes (1979), and Bey v....

...to arrest him, which communication was acknowledged by the defendant, and had the present power to control the defendant. The officer's act in following the defendant into his home was viewed as within the scope of authority given the officer under section 901.22 to retake an arrested person who has escaped....

...The officer then stated to appellant that he was under arrest for reckless driving and ordered him to halt. Appellant acknowledged this statement by saying, "You can't arrest me," and then attempted to escape into his home. The officer immediately followed appellant onto the premises where the act of violence occurred. Section 901.22, Florida Statutes (1975) provides that "[i]f a person lawfully arrested escapes or is rescued, the person from whose custody he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a...

...cer had effected a constructive arrest of appellant who then attempted to escape. Thereafter, when the officer pursued appellant onto the premises for the purpose of retaking him, the officer was acting within the scope of his legal duty pursuant to Section 901.22, Florida Statutes (1975)....

...The essential facts relating to the apprehension of petitioner in Coral Gables require a finding that she was legally arrested within the corporate limits of the City of Coral Gables and retaken upon escape and immediate pursuit under authority of Section 901.22....

...pal ordinance, she was then under arrest; that the subsequent attempt by the appellee to flee the custody of the arresting officer permitted the arresting officer, without warrant, to retake the appellee into custody by immediate pursuit pursuant to § 901.22, Fla. Stat., F.S.A. Section 901.22, supra, provides: "If a person lawfully arrested escapes or is rescued, the person from whose custody he escapes or was rescued or any other officer may immediately pursue and retake him without a warrant at any time and in any place w...

...s of this statute, that the subsequent rescue or re-arrest in Miami was legal. See opinion of Attorney General of Florida, No. 60-9, 1960. However, if there were no arrest in Coral Gables, as the appellee contends, then, of course, the provisions of § 901.22, supra, would not apply and in such event, the arrest in Miami would have been without legal authority....

...Schroeder, 220 Mo. App. 575, 287 S.W. 861, 863-64. If the initial arrest was legal, there would appear to be no liability for a re-arrest. On the other hand, if there was no lawful arrest initially, then the city could not claim a lawful re-arrest pursuant to § 901.22, supra, and such alleged re-arrest would be ultra vires....

...n the center of a street, and uncompensable upon the other side of the street. In a determination of whether all arrests made outside the city limits are without liability to the city it is necessary to consider two sections of the Florida statutes: section 901.22, dealing with police authority to retake one who escapes or is rescued, and section 901.15, which authorizes certain arrests upon fresh pursuit....

...There would remain for trial as to liability, the issues of whether the officer who made the arrest had substantial reason to believe the plaintiff was violating a city ordinance and whether the force used was reasonable under the circumstances. NOTES [1] Section 901.22, Fla....

...e striking. A statute, though, provided that if a person is "lawfully arrested" and escapes, the officer from whose custody he escapes may pursue and retake him without a warrant "`at any time and in any place.'" Id. at 851 (quoting Florida Statutes section 901.22)....