Florida Statutes
Fla. Stat. § 901.22 (2025)
Arrest after escape or rescue.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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901.22 Arrest after escape or rescue.—If a person lawfully arrested escapes or is rescued, the person from whose custody she or he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a warrant at any time and in any place.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1943–2025 · leading case: Bey v. State, 355 So. 2d 850 (Fla. 3d DCA 1978).
Bey v. State, 355 So. 2d 850 (Fla. 3d DCA 1978). “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 warrant at any time and in…”
Johnson v. State, 395 So. 2d 594 (Fla. 2d DCA 1981). “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.”
City of Coral Gables v. Giblin, 127 So. 2d 914 (Fla. 3d DCA 1961). “theory that when the appellant's employee Anderson stopped the appellee in the City of Coral Gables for the violation of a municipal ordinance, she was then under arrest; that the subsequent attempt by the appellee to flee the custody of the arresting officer permitted the…”
Flowers v. State, 12 So. 2d 772 (Fla. 1943). “The person arrested shall have the right to an interview and advise of counsel.”
Giblin v. City of Coral Gables, 149 So. 2d 561 (Fla. 1963). “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. We cannot agree…”
Hebert v. State, 962 So. 2d 1068 (Fla. 4th DCA 2007). “at 851 (quoting Florida Statutes section 901.22). The defendant insisted he was not under arrest at the time he fled into his home because the officer had not actually or constructively detained him.”
Dross v. Nienhuis (M.D. Fla. 2025). “In Count III, Dross sues Castoria under Florida law for negligence per se based on Castoria’s alleged violation of Florida’s strip search statute § 901.22, which precludes the strip search of a person arrested for a traffic or misdemeanor offense unless there is probable cause…”
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