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Do the Police Need a Warrant to Arrest Me in Florida?

On Behalf of | Feb 7, 2014 | Criminal Defense

No. If a police officer witnesses a crime, she can make an arrest. If police arrive on the scene of a crime (normally a felony) and there are witnesses to the crime, they may develop enough probable cause to arrest you right there. If the police investigate a past felony, they will need to secure a warrant (capias).

In misdemeanor cases in Florida that officers to not witness the offense committed, police do not get warrants unless after a summons has been issued, served and the subject of the summons does not appear in court. Generally, police are required to have a warrant to arrest you in your home, unless an emergency situation exists.

Additionally, there are exceptions to law enforcement officials needing a proper warrant before performing a search and seizure:

  1. the search was conducted incident to a lawful arrest
  2. a search of an automobile
  3. The search conducted in plain view
  4. The search conducted with the defendant’s consent to search their person or their property
  5. the search conducted during an investigatory stop and frisk
  6. searches taking place after the hot pursuit of a suspect.