If you are charged with a misdemeanor in Florida without a warrant, one of the questions an experienced criminal attorney can help determine is if one of the warrantless exceptions to such an arrest applies in your case.
In most situations, law enforcement needs an arrest warrant before taking someone into custody for a misdemeanor offense. However, there are three regulated exceptions to this.
When are Florida misdemeanor exceptions applicable?
- When all of the elements of the misdemeanor were committed in the officer’s presence. For example, if an officer witnesses a driver swerving recklessly all over the road, they may pull the car over. If they find evidence that the driver is intoxicated, they may make a warrantless arrest for a misdemeanor DUI charge.
- When the officer has probable cause for the arrest and the misdemeanor is on the list of statutory exceptions found in Section 901.15 of the Florida statutes. We’ll discuss some of them later in this article.
- When the officer has reasonable grounds to believe that the subject has violated probation (either misdemeanor probation or felony probation) or community control in any material respect.
In any of these situations, officers can make a warrantless arrest. Otherwise, they are required to have a valid arrest warrant.
Misdemeanor Exceptions list
Although the list is too long to be discussed in detail, here are some common exceptions:
- Battery.
- Assault on any specified person who is lawfully performing their duties (usually a police officer, firefighter, EMT or public transit employee)
- Child abuse or neglect
- Concealed weapon offenses
- Criminal mischief or vandalism
- Disorderly conduct on the premises of a licensed establishment
- Domestic violence (consent of the victim or consideration of the parties’ relationship is not required)
- Drugs (usually possession of 20 grams or less of marijuana)
- Graffiti
- Loitering and prowling
- Order of protection (foreign protection orders)
- Possession of a weapon by a specified person (a person who is subject to a domestic violence injunction)
- Sexual cyberharassment (“revenge porn”)
- Stalking
- Airport trespassing (involving trespassing in restricted areas of the airport with clearly posted signs marking them as such)
- School trespassing
- Traffic crimes (usually involving an accident or DUI)
- Theft
- Vessel safety crimes (typically a violation of a safety zone, security zone, or naval protection zone)
- Violation of domestic violence pretrial release (having violated the conditions of pretrial release, which often involve staying away from the victim)
- Violation of a domestic violence protection order injunction
- Other protective injunction violations
- Racing on highways
Important Considerations
- Remember that the officer still needs probable cause to make an arrest, so even if your charge fits into this list, there are strategies an experienced Florida criminal defense attorney may be able to use to help you. For instance, often, when clients reach out to us, we can investigate the circumstances of the arrest. In some cases, your attorney may be able to get the charges dismissed if proper procedure wasn’t followed.
- There are also detailed specifications for each exception. For example, most DUI arrests are warrantless, but there are specific grounds for exception. An officer needs to personally witness every element of the crime. Your attorney will ask you questions and examine the evidence to ensure proper procedure was in fact followed.
To Keep In Mind
- In the latter exception, the other party needs to be an actual law enforcement officer, not an average citizen (a security guard or store clerk). Otherwise, their testimony isn’t probable cause for a warrantless arrest.
- The police officer rule mentioned above also allows an officer to make an arrest outside of their jurisdiction if they observe a crime being committed in their own jurisdiction. Many times, they will make an arrest with an officer who does have jurisdiction in this area.
- In a situation where an accident occurs, an officer may make a warrantless arrest if they have probable cause to believe one of the drivers involved was intoxicated and that this intoxication contributed to the accident. Usually this relies on the arresting officer’s report, which will include observations of the defendant’s actions and demeanor, and any reasons they had to believe this person was under the influence (slurring speech, red eyes, poor coordination, smelling of alcohol, etc.).
- Traffic crashes in general allow an officer to make a warrantless arrest if they have reason enough to believe the person committed a traffic crime under chapters 316 or 322 of the Florida Statutes. This is the case even if there was no damage caused by the crash or if the person arrested only damaged their own car.
Keep in mind that just because an officer has probable cause for an arrest does not necessarily mean you would be convicted at your trial. Even if the arrest was legal, there could be many other problems with evidence or other circumstances in your case that your attorney can use in your defense.
Charged with a misdemeanor in Florida? Contact us!
If you think you were the victim of a warrantless arrest that doesn’t fit into or meet all the requirements for a misdemeanor exception category, speak with one of our experienced Florida criminal defense attorneys for further assistance.
In that case, your attorney can file a motion to suppress any evidence collected as a result of this arrest. Often, this may force the prosecution to drop the charges entirely.
If you need assistance with your misdemeanor case or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation.
We have offices in Port St. Lucie and Stuart but provide legal services throughout the Treasure Coast and Florida.
