[Footnote 1] 901.15 When arrest by officer
without warrant is lawful. ---A law enforcement officer may
arrest a person without a warrant when:
(1) The person has committed a felony or misdemeanor or violated
a municipal or county ordinance in the presence of the officer. An arrest for
the commission of a misdemeanor or the violation of a municipal or county
ordinance shall be made immediately or in fresh pursuit.
(2) A felony has been committed and he reasonably believes that
the person committed it.
(3) He reasonably believes that a felony has been or is being
committed and that the person to be arrested has committed or is committing
it.
(4) A warrant for the arrest has been issued and is held by
another peace officer for execution.
(5) A violation of chapter 316 has been committed in the presence
of the officer. Such an arrest may be made immediately or in fresh
pursuit.
(6) There is probable cause to believe that the person has
committed a criminal act according to s. 741.31 or s. 784.047 which violates
an injunction for protection entered pursuant to s. 741.30 or s. 784.046, over
the objection of the petitioner, if necessary.
(7)
(a) There is probable cause to believe that the person has committed
an act of domestic violence, as defined in s. 741.28, or child abuse, as
defined in s. 827.04(2) and (3), or any battery upon another person, as
defined in s. 784.03, and the law enforcement officer reasonably believes that
there is danger of violence unless the person alleged to have committed the
act of domestic violence, child abuse, or battery is arrested without
delay.
(b) A law enforcement officer who acts in good faith and exercises
due care in making an arrest under this subsection is immune from civil
liability that otherwise might result by reason of his action.
(8) He has probable cause to believe that the person has
knowingly committed an act of repeat violence in violation of an injunction
for protection from repeat violence entered pursuant to s. 784.046.
(9) The officer has determined that he has probable cause to
believe that a misdemeanor has been committed, based upon a signed affidavit
provided to the officer by a law enforcement officer of the United States
Government, recognized as such by United States statute, or a United States
military law enforcement officer, recognized as such by the Uniform Code of
Military Justice or the United States Department of Defense Regulations, when
the misdemeanor was committed in the presence of the United States law
enforcement officer or the United States military law enforcement officer on
federal military property over which the state has maintained exclusive
jurisdiction for such a misdemeanor.
(10)
(a) A law enforcement officer of the Florida National Guard,
recognized as such by the Uniform Code of Military Justice or the United
States Department of Defense Regulations, has probable cause to believe a
felony was committed on state military property or when a felony or
misdemeanor was committed in his presence on such property.
(b) All law enforcement officers of the Florida National Guard shall
promptly surrender all persons arrested and charged with a felony to the
sheriff of the county within which the state military property is located, and
all persons arrested and charged with misdemeanors shall be surrendered to the
applicable authority as may be provided by law, but otherwise to the sheriff
of the county in which the state military property is located. The Florida
National Guard shall promptly notify the applicable law enforcement agency of
an arrest and the location of the prisoner.
(c) The Adjutant General, in consultation with the Criminal Justice
Standards and Training Commission, shall prescribe minimum training standards
for such law enforcement officers of the Florida National
Guard.
(11) He is employed by the State of Florida as a law enforcement
officer as defined in s. 943.10(1) or part-time law enforcement officer as
defined in s. 943.10(6), and:
(a) He reasonably believes that a felony involving violence has been
or is being committed and that the person to be arrested has committed or is
committing the felony;
(b) While engaged in the exercise of his state law enforcement
duties, he reasonably believes that a felony has been or is being committed;
or
(c) A felony warrant for the arrest has been issued and is being held
for execution by another peace officer.
Notwithstanding any other provision of law, the authority of an officer
pursuant to this subsection is statewide. This subsection does not limit the
arrest authority conferred on such officer by any other provision of
law.
History: s. 15, ch. 19554, 1939; CGL 1940 Supp. 8663(15); s. 1, ch. 21782, 1943;
s. 6, ch. 70-339; s. 4, ch. 71-982; s. 1, ch. 77-67; s. 1, ch. 83-119; s. 11,
ch. 84-343; s. 1, ch. 85-198; s. 2, ch. 85-216; s. 1, ch. 86-130; s. 102, ch.
86-220; s. 1, ch. 87-45; s. 1, ch. 87-285; s. 2, ch. 88-344; s. 4, ch. 88-373;
ss. 53, 71, ch. 88-381; s. 1, ch. 90-165; s. 68, ch. 91-110; s. 7, ch. 91-210;
ss. 27, 29, ch. 94-134; ss. 27, 29, ch. 94-135; s. 20, ch. 95-195.
[Footnote 1] Note.
A. Section 36, ch. 94-134, and s. 36, ch. 94-135, provide for
applicability to offenses committed on or after July 1, 1994.
B. Section 23, ch. 95-195, provides for applicability to offenses
committed on or after July 1, 1995.