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

Legal Laws of Arrest Daytona State College School of Emergency Services Objectives Authority to arrestAuthority to arrest Define arrestDefine arrest Two types of arrestTwo types of arrest Arrest warrantArrest warrant Four situations for an arrest without a warrantFour situations for an arrest without a warrant

Legal Laws of Arrest Daytona State College School of Emergency Services Objectives Exceptions to the misdemeanor arrest requirementsExceptions to the misdemeanor arrest requirements Notice to AppearNotice to Appear Fresh PursuitFresh Pursuit Jurisdictional issues in fresh pursuitJurisdictional issues in fresh pursuit

Legal Laws of Arrest Daytona State College School of Emergency Services Authority to Arrest Authorized to make arrests in Chapter 901, F.S.Authorized to make arrests in Chapter 901, F.S. –Arrest Depriving a person of his or her liberty by legal authority –Types of Arrest Arrest with a warrant, F.S. Arrest without a warrant, F.S.

Legal Laws of Arrest Daytona State College School of Emergency Services Arrest Warrant Court order authorizing an officer to take a person into custody to answer chargesCourt order authorizing an officer to take a person 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

Legal Laws of Arrest Daytona State College School of Emergency Services Fresh Pursuit Arrest Officers may enter a residence of a wanted felon to make an arrest ( F.S.)Officers may enter a residence of a wanted felon to make an arrest ( 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

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

Legal Laws of Arrest Daytona State College School of Emergency Services Warrantless 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 ( ) Battery (784.03) Retail Theft ( ) Traffic Offenses related to a crash ( and )

Legal Laws of Arrest Daytona State College School of Emergency Services Warrantless Arrest MisdemeanorMisdemeanor –Exceptions Carrying a Concealed Weapon (790.02) Disorderly Conduct on Premises of Establishment ( ) Theft from a Dining or Lodging Establishment ( (3)) Trespass on School Grounds ( )

Legal Laws of Arrest Daytona State College School of Emergency Services Warrantless Arrest MisdemeanorMisdemeanor –Exceptions Possession of Cannabis <20 gms (893.13(3)) Stalking ( ) Transit Fare Evasion ( (3)) Contributing to the Delinquency/Dependency of a Minor (827.04) Criminal Mischief (806.13)

Legal Laws of Arrest Daytona State College School of Emergency Services Warrantless Arrest MisdemeanorMisdemeanor –Exceptions Trespass on Certain Properties (810.08) Act of Domestic Violence (741.28) Violation of an Injunction for Protection ( and )

Legal Laws of Arrest Daytona State College School of Emergency Services Notice to Appear Three choices after developing probable causeThree choices after developing probable cause –Terminate the encounter –Issue a Notice to Appear –Physically take the suspect into custody

Legal Laws of Arrest Daytona State College School of Emergency Services Notice to Appear Rules of Criminal Procedure 3.125Rules of Criminal Procedure –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

Legal Laws of Arrest Daytona State College School of Emergency Services Notice to Appear Rules of Criminal Procedure 3.125Rules of Criminal Procedure –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

Legal Laws of Arrest Daytona State College School of Emergency Services Fresh Pursuit Permits LE officers to make an arrest of a fleeing suspect who crosses jurisdictional linesPermits LE officers to make an arrest of a fleeing suspect who crosses jurisdictional lines –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

Legal Laws of Arrest Daytona State College School of Emergency Services Fresh Pursuit 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

Legal Laws of Arrest Daytona State College School of Emergency Services Fresh Pursuit 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

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