Florida Statutes
Fla. Stat. § 901.24 (2025)
Right of person arrested to consult attorney.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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901.24 Right of person arrested to consult attorney.—A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable.
Notes of Decisions
Cited in 18
cases, 1944–2006 · leading case: State v. Hoch, 500 So. 2d 597 (Fla. 3d DCA 1986).
State v. Hoch, 500 So. 2d 597 (Fla. 3d DCA 1986). “He moved to suppress the breath test results, contending that the test was taken in violation of section 901.24, Florida Statutes (1983), the due process clause of the fifth and fourteenth amendments, and the right to counsel provision of the sixth amendment.”
Penalver v. State, 926 So. 2d 1118 (Fla. 2006). “2d 624 (1989); § 901.24, Fla. Stat. (1999) ("A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable.”
Nelson v. State, 508 So. 2d 48 (Fla. 4th DCA 1987). “writ of certiorari the circuit court denied the writ, upholding the county court rulings that a defendant arrested for driving under the influence is not entitled to an opportunity to consult a lawyer prior to submitting to a breathalizer test, and that neither Article I,…”
Smallridge v. State, 904 So. 2d 601 (Fla. 1st DCA 2005). “See § 901.24, Fla. Stat. (2001). The officers, however, denied him this right by taking away his phone and proceeding with the blood draw.”
Daugherty v. State, 17 So. 2d 290 (Fla. 1944). “Section 901.24, Fla. Stats. 1941, provides an opportunity for a person charged with a crime to interview counsel.”
State v. Oliver, 47 Fla. Supp. 111 (Fla. Palm Beach Cty. Ct. 1976). “Section 901.24, Florida Statutes; Hunter v.”
State v. Carlin, 15 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1986). “The final decision of the Court below, and that which is the subject matter of the instant appeal by the State of Florida, was that, although the Appellee did have a constitutional right to counsel at the time she asked for the opportunity to consult with one, she did not have…”
State v. Vatalaro, 1 Fla. Supp. 2d 171 (Fla. Cir. Ct., Orange Cty. 1980). “The right to consult with an attorney is a fundamental right protected by the V & XIV Amendments of the United States Constitution and Fla. Stat. 901.24. This Court rules that even though a Defendant is not *173 entitled to have an attorney appointed prior to taking the…”
State v. Sturney, 31 Fla. Supp. 2d 151 (Fla. Cir. Ct. 1988). “He cited FS § 901.24; State of Florida v Carlin, 15 Fla.”
State v. Hoch, 11 Fla. Supp. 2d 1 (Fla. Cir. Ct., Monroe Cty. 1985). “This Court further holds that under Florida Statute section 901.24 and the Due Process Clauses of the Fifth and Fourteenth Amendments, a person arrested for DUI must be given a reasonable opportunity to communicate with an attorney if he requests to do so prior to submitting to…”
State v. Garcia, 14 Fla. Supp. 2d 24 (Fla. Cir. Ct., Monroe Cty. 1985). “24 and the Due Process Clauses of the Fifth and Fourteenth Amendments, a person arrested for DUI must be given a reasonable opportunity to communicate with an attorney if he requests to do so prior to submitting to chemical sobriety tests in a case where a .”
State v. Colon, 23 Fla. Supp. 2d 65 (Fla. Palm Beach Cty. Ct. 1987). “Although Defendant performed no physical test on camera, his diction and grammar supported a finding of alcohol impairment.”
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