Legal Laws of Arrest Daytona State College School of Emergency Services Legal Concepts Laws of Arrest

Daytona State CollegeSchool of Emergency Services

LegalLaws of Arrest

Legal ConceptsLegal Concepts

Laws of ArrestLaws of Arrest


LegalLaws of Arrest

ObjectivesObjectives

• Authority to arrestAuthority to arrest

• Define arrestDefine arrest

• Two types of arrestTwo types of arrest

• Arrest warrantArrest warrant

• Four situations for an Four situations for an arrest without a warrantarrest without a warrant


LegalLaws of Arrest

ObjectivesObjectives

• Exceptions to the misdemeanor arrest Exceptions to the misdemeanor arrest requirementsrequirements

• Notice to AppearNotice to Appear

• Fresh PursuitFresh Pursuit

• Jurisdictional issues in Jurisdictional issues in fresh pursuitfresh pursuit


LegalLaws of Arrest

Authority to ArrestAuthority to Arrest

• Authorized to make arrests in Chapter 901, Authorized to make arrests in Chapter 901, F.S.F.S.– Arrest

• Depriving a person of his or her liberty by legal authority

– Types of Arrest• Arrest with a warrant, 901.02 F.S.

• Arrest without a warrant, 901.15 F.S.


LegalLaws of Arrest

Arrest WarrantArrest Warrant

• Court order authorizing an officer to take a Court order authorizing an officer to take a person into custody to answer chargesperson into custody to answer charges– Warrant must be based on

probable cause– Warrant procedure

• Warrant process held by the Sheriff

• Warrants may be served by any police officer


LegalLaws of Arrest

Fresh Pursuit ArrestFresh Pursuit Arrest

• Officers may enter a residence of a wanted Officers may enter a residence of a wanted felon to make an arrest (901.19 F.S.)felon to make an arrest (901.19 F.S.)– May not enter the residence to make a

misdemeanor arrest– Third party residence

• Must obtain a search warrant or have an applicable exception


LegalLaws of Arrest

Warrantless ArrestWarrantless Arrest

• Probable Cause arrestProbable Cause arrest– Felony or misdemeanor in the presence of the

officer– Felony committed outside

the officer’s presence but has probable cause

– Warrant has been issued


LegalLaws of Arrest


• MisdemeanorMisdemeanor– May not make an arrest for a misdemeanor that

does not occur in your presence– Exceptions

• Carrying a firearm in violation of an injunction (790.233)

• Battery (784.03)

• Retail Theft (812.015)

• Traffic Offenses related to a crash (316.645 and 318.17)


LegalLaws of Arrest


• Misdemeanor Misdemeanor – Exceptions

• Carrying a Concealed Weapon (790.02)

• Disorderly Conduct on Premises of Establishment (509.143)

• Theft from a Dining or Lodging Establishment (509.162 (3))

• Trespass on School Grounds (810.097)


LegalLaws of Arrest


• MisdemeanorMisdemeanor– Exceptions

• Possession of Cannabis <20 gms (893.13(3))

• Stalking (784.048)

• Transit Fare Evasion (812.13 (3))

• Contributing to the Delinquency/Dependency of a Minor (827.04)

• Criminal Mischief (806.13)


LegalLaws of Arrest


• MisdemeanorMisdemeanor– Exceptions

• Trespass on Certain Properties (810.08)

• Act of Domestic Violence (741.28)

• Violation of an Injunction for Protection (741.31 and 784.047)


LegalLaws of Arrest

Notice to AppearNotice to Appear

• Three choices after developing probable Three choices after developing probable causecause– Terminate the encounter– Issue a Notice to Appear– Physically take the suspect

into custody


LegalLaws of Arrest


• Rules of Criminal Procedure 3.125Rules of Criminal Procedure 3.125– Notice to Appear

• Order issued by a police officer in lieu of physical arrest

• Person accused of violating the law

• Provides a court date and a promise to appear

– Limited circumstances for misdemeanors, ordinance violations, criminal traffic


LegalLaws of Arrest


• Rules of Criminal Procedure 3.125Rules of Criminal Procedure 3.125– May issue an NTA except when:

• Accused fails to sufficiently provide ID• Accused refuses to sign• Officers believes that continued liberty constitutes an

unreasonable risk to others• Accused has no ties to the

jurisdiction• The accused may be wanted in

other jurisdictions• Has previously failed to appear


LegalLaws of Arrest

Fresh PursuitFresh Pursuit

• Permits LE officers to make an arrest of a Permits LE officers to make an arrest of a fleeing suspect who crosses jurisdictional fleeing suspect who crosses jurisdictional lineslines– Does not necessarily mean high-speed pursuit– Removes a barrier that allowed criminals to escape

by crossing lines (901-25)– Procedures and law must

be followed


LegalLaws of Arrest


• ProceduresProcedures– Offense occurred in the officer’s jurisdiction– Criminal offense with probable cause– Pursuit is continuous and uninterrupted

• Not in constant visual contact

– Commission of the offense and pursuit must be close by time


LegalLaws of Arrest


• ProceduresProcedures– Arrest in another county jurisdiction

• Notify the officer in charge and take the offender to a trial judge in that jurisdiction

• Extradition

– Arrest in another city (same county)• Arrest and transport

– Follow agency policy


LegalLaws of Arrest

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Legal Laws of Arrest Daytona State College School of Emergency Services Legal Concepts Laws of Arrest