Florida Misdemeanors: Exceptions for Warrantless Arrests

When facing a misdemeanor charge in Florida, one of the crucial factors determining how a case proceeds is whether or not a person was arrested with or without a warrant. Police officers are typically required to obtain an arrest warrant before taking someone into custody.

However, under certain conditions, law enforcement officers in Florida can arrest someone without a warrant. These warrantless arrests, although exceptions to the norm, are a vital aspect of Florida’s criminal justice system. 

As a criminal defense attorney in Daytona Beach, Florida, I know the importance of understanding the nuances of warrantless arrest exceptions and their effects on your case.  At Daytona Defense, my priority is to protect your rights and help you fully grasp how these exceptions apply to your situation, making sure you receive the strongest possible defense.

What to Know About Misdemeanors in Florida

A misdemeanor is generally considered a less serious criminal offense compared to a felony. In Florida, misdemeanors are classified into two categories:

• First-degree misdemeanors: These are more severe and carry the possibility of:

  • A jail sentence of up to one year

  • A fine of up to $1,000

  • Or both

• Second-degree misdemeanors: These are less severe, with penalties typically limited to:

  • A jail sentence of up to 60 days

  • A fine of up to $500

  • Or both

Common examples of misdemeanors in Florida include petty theft, simple assault, possession of marijuana under 20 grams, and disorderly conduct. While these offenses are considered less severe than felonies, a misdemeanor conviction can still lead to significant consequences, including jail time, fines, and a criminal record. 

For this reason, reviewing the laws governing arrests, including when a warrantless arrest can occur, is crucial for anyone who may find themselves involved in a misdemeanor case. A criminal defense attorney can help you review these laws and protect your rights throughout the legal process.

When Are Arrest Warrants Necessary?

An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement officers to arrest someone. To obtain a warrant, police must demonstrate probable cause that someone has committed a crime. 

Probable cause means that the facts and circumstances surrounding the case would lead a reasonable person to believe that the individual committed the offense in question. In Florida, the general rule is that law enforcement must obtain a warrant before making an arrest. 

However, the law also recognizes several exceptions to this rule, which allow officers to arrest someone without first obtaining a warrant. 

These exceptions are designed to balance the interests of law enforcement in protecting public safety with the individual’s right to be free from unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution. 

A criminal defense attorney can help assess whether these exceptions apply in your case and make sure your constitutional rights are upheld.

When Isn't a Warrant Needed?

Florida Statutes provide the legal baseline for arrests, including the circumstances under which an arrest can be made without a warrant. Section 901.15 of the Florida Statutes enumerates the situations in which an officer can arrest someone without first obtaining a warrant. 

These include situations where the officer has probable cause to believe that the person has committed a misdemeanor in the officer’s presence or where specific exceptions apply.

The general principles behind warrantless arrests in Florida are rooted in the need to allow law enforcement officers to act swiftly to protect public safety and apprehend suspects, particularly in cases where obtaining a warrant would be impractical. 

However, because warrantless arrests can infringe upon someone's constitutional rights, Florida law has established specific exceptions to regulate their use. A criminal defense attorney can help evaluate whether these exceptions were properly applied in your case and work to protect your rights.

What Are the Exceptions to These Warrantless Arrests?

Florida law recognizes several exceptions that allow law enforcement officers to arrest someone without a warrant, even for a misdemeanor offense. These exceptions are generally limited to situations where there is a compelling need for immediate action. Below, I'll examine the most common exceptions that allow for warrantless arrests in misdemeanor cases.

Misdemeanor Committed in the Officer’s Presence

One of the most significant exceptions to the warrant requirement for misdemeanor arrests in Florida is when a crime is committed in the officer’s presence. According to Florida Statutes Section 901.15(1), a law enforcement officer may arrest a person without a warrant if the officer personally observes the commission of a misdemeanor. 

This means that if an officer directly witnesses someone committing a misdemeanor offense, the officer can make an immediate arrest without needing to obtain a warrant.

For example, if a police officer witnesses someone committing a simple assault or disorderly conduct, the officer can arrest that person on the spot without needing to seek a warrant from a judge. This exception is designed to allow officers to respond promptly to criminal activity and maintain public order.

Breach of the Peace

In Florida, law enforcement officers can arrest someone without a warrant if they observe someone committing a breach of the peace, which is a broad term that refers to any behavior that disrupts public order or safety. A breach of the peace can include acts such as fighting, disturbing the peace, or creating a public nuisance.

Under Florida Statutes Section 901.15(1), if a police officer witnesses someone engaged in such conduct, they can make an arrest without first seeking a warrant. This provision empowers law enforcement officers to take swift action to prevent further disorder or harm.

Domestic Violence

In cases of domestic violence, Florida law allows officers to make a warrantless arrest when there is probable cause to believe that a misdemeanor has been committed. 

Section 901.15(6) of the Florida Statutes specifically authorizes warrantless arrests in cases where an officer has probable cause to believe that the suspect has committed domestic violence. In these situations, the officer may arrest the alleged perpetrator immediately, even if they didn't witness the offense themselves.

Domestic violence cases often involve complicated emotional dynamics, and the law seeks to empower law enforcement to intervene quickly in order to prevent further harm. 

Warrantless arrests in these situations are designed to protect victims and make sure that the perpetrator doesn't have an opportunity to escape or cause additional harm.

Possession of Contraband or Drugs

Another exception to the warrant requirement arises when law enforcement officers observe someone in possession of contraband or drugs. 

Under Florida law, if an officer has probable cause to believe that a person is in possession of illegal substances, such as drugs or stolen property, they may arrest the individual without a warrant. This applies even in misdemeanor cases, such as possession of marijuana under 20 grams.

For instance, if a police officer pulls over a vehicle and smells marijuana, they may have probable cause to believe that the driver or passengers are in possession of illegal drugs. If the officer finds drugs during a search, the individual can be arrested on the spot without a warrant.

Probation Violations

In Florida, probation violations are taken very seriously, and law enforcement officers are permitted to make warrantless arrests if they have probable cause to believe that someone has violated the terms of their probation. 

Florida Statutes Section 948.06 authorizes police officers to arrest someone for a probation violation without a warrant, even if the underlying offense is a misdemeanor.

This exception is critical for making sure that individuals who violate the terms of their probation are swiftly taken into custody, which helps to maintain the integrity of the probation system and prevent further criminal activity.

Consequences of a Warrantless Arrest for Misdemeanors

For those facing misdemeanor charges, a warrantless arrest can have significant consequences. While the arrest itself may be legally justified under one of the exceptions mentioned above, it's important to understand that the arrest will still be recorded and could lead to criminal charges.

Even if the arrest is deemed to be lawful, individuals should be aware of their rights. Under Florida law, individuals who are arrested for a misdemeanor are entitled to certain protections, including the right to remain silent and the right to an attorney. 

It's highly advisable for anyone arrested on suspicion of committing a misdemeanor to seek legal representation to make sure their rights are protected and to explore potential defenses to the charges.

Additionally, it's important to note that a warrantless arrest doesn't necessarily determine a conviction. 

If someone is arrested without a warrant, their criminal defense attorney may challenge the arrest on the grounds that the officer lacked probable cause or that the arrest violated their constitutional rights. If the court finds that the arrest was unlawful, the charges may be dismissed or reduced.

Contact a Criminal Defense Attorney Today

If you've been charged with a misdemeanor during a warrantless arrest, it's imperative to reach out to an experienced criminal defense attorney. At my firm, Daytona Defense, I serve clients throughout Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact me today to schedule a consultation.