Category: Arrest Process · Statute: F.S. 901.15 · Source: Florida Legislature
Understanding Arrest Without a Warrant in Florida
In Florida, a law enforcement officer generally needs a judicially approved warrant to make an arrest. However, Florida Statute Section 901.15 establishes critical exceptions where an arrest without a warrant is legally permissible. This process occurs when an officer witnesses a felony or a misdemeanor being committed in their presence, or when they have established probable cause to believe a suspect has committed a felony, even if the crime occurred outside their view. The law balances public safety with constitutional protections by requiring that the officer's belief be based on objective, articulable facts rather than mere suspicion.
The statute also carves out specific misdemeanor exceptions where warrantless arrests are authorized regardless of whether the officer witnessed the act. These exceptions include domestic violence, carrying a concealed weapon, retail theft, trespass on school grounds, driving under the influence (DUI), and battery. In these urgent scenarios, Florida law prioritizes immediate intervention and victim safety, allowing officers to take a suspect into custody on the spot based on physical evidence, witness statements, or other reliable on-scene information.
Warrantless Arrests and the Florida Bail Process
When an individual is arrested without a warrant in Florida, they must be brought before a judge for a First Appearance hearing within 24 hours. Because no judge reviewed the arrest beforehand, the presiding magistrate must conduct a prompt judicial determination of probable cause. If the judge finds probable cause exists, they will then set the monetary bail amount and pretrial release conditions based on the standard bond schedule or the specific circumstances of the alleged offense.