Florida Statute 901.28 | 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. 901.28

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search.—The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

History.—s. 1, ch. 73-27; s. 7, ch. 85-77.

F.S. 901.28 on Google Scholar

F.S. 901.28 on Casetext

Amendments to 901.28

Arrestable Offenses / Crimes under Fla. Stat. 901.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.28.

Annotations, Discussions, Cases:

Cases Citing Statute 901.28

Total Results: 7

Delgado v. Agency for Health Care Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-26T00:00:00-08:00

Citation: 237 So. 3d 432

Snippet: settlement attributable to medical care. See §§ 409.901(28) & 409.910(7), Fla. Stat. (2016) (respectively

Roberts v. Albertson's Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-24T00:00:00-07:00

Citation: 119 So. 3d 457, 2012 WL 5232182, 2012 Fla. App. LEXIS 18518

Snippet: Third-party benefits” are defined by section 409.901(28), Florida Statutes (2010), to include “collateral

Pollen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-14T23:53:00-08:00

Citation: 834 So. 2d 380

Snippet: being detained for a misdemeanor. Under section 901.28, Florida Statutes (2001), the officer had the option

Welch v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-15T00:53:00-07:00

Citation: 741 So. 2d 1268

Snippet: of making an arrest. The state cited to section 901.28, which provides: The issuance of a notice to appear…the majority's analysis, I would hold section 901.28, Florida Statutes (1997), unconstitutional only…been different, then the application of section 901.28, even if perhaps unnecessary, would seem most appropriate…search of the vehicle and to the extent section 901.28 seems to permit it[1], it is invalid. However, … statute than the legislature intended. Section 901.28 does not say that a search can be conducted upon

Sloan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-09T00:00:00-08:00

Citation: 429 So. 2d 354, 1983 Fla. App. LEXIS 18787

Snippet: who had joint access to the bedroom. . Section 901.28, Florida Statutes (1981), provides for issuance

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-07-24T00:53:00-07:00

Snippet: appear. Rule 3.125(b) and (c) RCrP; see also s. 901.28, F. S. Such notice to appear is issued immediately….27 through 901.32, F.S. Rule 3.125(i) RCrP; s. 901.28(6), F. S. County-appointed animal control agents…with any rulemaking power. Rule 3.125 RCrP and s. 901.28, F. S., merely describe a procedure to be used

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Court: Fla. Att'y Gen. | Date Filed: 1977-07-27T00:53:00-07:00

Snippet: Florida Rules of Criminal Procedure. Section 901.28, F. S., provides that an arresting officer or booking…a notice to appear for such violations under s. 901.28. The Florida Rules of Criminal Procedure provide