Florida Statute 901.28 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 901.28

Annotations, Discussions, Cases:

Cases Citing Statute 901.28

Total Results: 4

Welch v. State

741 So. 2d 1268, 1999 WL 820990

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1511122

Cited 6 times | Published

lieu of making an arrest. The state cited to section 901.28, which provides: The issuance of a notice to

Pollen v. State

834 So. 2d 380, 2003 WL 118476

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1329255

Cited 3 times | Published

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

Sloan v. State

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

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64596264

Published

coten-ant, who had joint access to the bedroom. . Section 901.28, Florida Statutes (1981), provides for issuance

Ago

Florida Attorney General Reports | Filed: Jul 27, 1977 | Docket: 3258433

Published

the Florida Rules of Criminal Procedure. Section 901.28, F. S., provides that an arresting officer