Florida Statutes
Fla. Stat. § 901.28 (2025)
Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1983–2003 · leading case: Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999).
Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999). “Although I agree with the majority's analysis, I would hold section 901.28, Florida Statutes (1997), unconstitutional only as applied in this case.”
Pollen v. State, 834 So. 2d 380 (Fla. 3d DCA 2003). “Under section 901.28, Florida Statutes (2001), the officer had the option of giving Pollen a notice to appear.”
Sloan v. State, 429 So. 2d 354 (Fla. 1st DCA 1983). “Section 901.28, Florida Statutes (1981), provides for issuance of a notice to appear on misdemeanor charges, and Section 901.”
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