Florida Misdemeanors: Exceptions for Warrantless Arrests

In Florida, a misdemeanor is defined as any offense that's punishable by a term of imprisonment not exceeding one year. Despite their relatively lesser severity, misdemeanors can have a profound impact on someone's life, leading to criminal records, fines, probation, or jail time.

The state of Florida has specific laws that govern the prosecution of misdemeanors and the circumstances under which law enforcement officers can make arrests without a warrant. But how do you know if your arrest was an exception to these laws?

At Daytona Defense, I know how detrimental it can be for a misdemeanor to be on your record. Here, I'll go over the exceptions for warrantless arrests as a criminal defense attorney in Daytona Beach, so you can determine whether your own arrest may have been unlawful.

How Are Misdemeanors in Florida Classified?

Misdemeanors are divided into two main categories: first-degree misdemeanors and second-degree misdemeanors.

First-Degree Misdemeanors

A first-degree misdemeanor is the more serious of the two. According to Section 775.082 of the Florida Statutes, a first-degree misdemeanor is punishable by up to one year in county jail and a fine not exceeding $1,000. Some examples of first-degree misdemeanors in Florida include:

• Battery (Florida Stat. § 784.03): Intentionally touching or striking another person against their will or causing bodily harm to another person.

• Driving under the influence (DUI) (Florida Stat. § 316.193): A first offense for driving under the influence of alcohol or drugs can be classified as a first-degree misdemeanor, subject to penalties such as fines, community service, and probation.

• Petit theft (Florida Stat. § 812.014): Theft of property valued at less than $750.

• Disorderly conduct (Florida Stat. § 877.03): Engaging in violent or disruptive behavior that disturbs the peace.

Second-Degree Misdemeanors

A second-degree misdemeanor is a lesser offense and is punishable by up to 60 days in jail and a fine not exceeding $500. These crimes are typically less severe in nature and have fewer long-term consequences than first-degree misdemeanors. Some examples of second-degree misdemeanors in Florida include:

• Possession of marijuana (Florida Stat. § 893.13): Possessing less than 20 grams of marijuana for personal use is classified as a second-degree misdemeanor.

• Loitering and prowling (Florida Stat. § 856.021): Loitering in a manner that disturbs the peace or presents a threat to public safety.

• Possession of drug paraphernalia (Florida Stat. § 893.147): Possessing any object used to ingest, inhale, or otherwise introduce controlled substances into the body.

Depending on the classification your case falls under, there are various penalties that could result.

Penalties and Consequences for Misdemeanors

For a first-degree misdemeanor in Florida, an individual can face the following penalties:

• Jail time: Up to one year in county jail.

• Fines: A fine of up to $1,000.

• Probation: Probation is a common penalty for first-degree misdemeanants, and can include terms like community service, counseling, or mandatory participation in substance abuse programs.

• Criminal record: A conviction for a first-degree misdemeanor will result in a permanent criminal record, which could have long-term consequences for employment, education, and housing.

The penalties for second-degree misdemeanors are generally less severe but still significant:

• Jail time: Up to 60 days in jail.

• Fines: A fine of up to $500.

• Probation: As with first-degree misdemeanors, probation may be imposed as an alternative or in conjunction with jail time.

• Criminal record: A conviction for a second-degree misdemeanor will also lead to a permanent criminal record, with implications for future opportunities.

Building on the discussion of misdemeanors, it's essential to examine the circumstances under which law enforcement officers are permitted to make warrantless arrests. As an experienced criminal defense attorney in Daytona Beach, here's what you need to know.

When Warrantless Arrests in Florida Are Lawful

In general, an arrest in Florida is made when a law enforcement officer takes a person into custody in order to charge them with a criminal offense. Most arrests require a warrant, which is typically issued by a judge or magistrate after law enforcement officers present probable cause that a crime has been committed. 

However, there are important exceptions under Florida law that allow officers to make arrests without a warrant. These exceptions are grounded in the U.S. Constitution, specifically the Fourth Amendment, which protects individuals from unreasonable searches and seizures. 

If you suspect that your Fourth Amendment rights were violated, speak to a criminal defense attorney in Daytona Beach.

General Rule for Warrantless Arrests

The Fourth Amendment requires that an arrest be based on probable cause, and it generally mandates that a warrant must be obtained before making an arrest. However, there are several exceptions to this rule, allowing law enforcement officers to arrest individuals without a warrant in certain circumstances. 

In Florida, the law reflects these exceptions. Under Florida Statutes § 901.15, an officer may make an arrest without a warrant under the following circumstances:

• A misdemeanor committed in an officer's presence: One of the most common exceptions to the warrant requirement is when an officer observes a misdemeanor crime being committed in their presence. If an officer witnesses a misdemeanor, they may immediately arrest the individual without a warrant.

• Felony arrests: If an officer has probable cause to believe a felony has been committed, they may make a warrantless arrest. This includes situations where the officer has witnessed the commission of a felony or has gathered sufficient evidence that suggests a felony offense has occurred.

• Probable cause based on information from a reliable source: Under certain circumstances, even if the officer doesn't witness the offense firsthand, they may make a warrantless arrest if they have probable cause based on information from a reliable source.

• Violation of probation or parole: Officers can arrest an individual without a warrant if they have cause to believe the individual has violated their probation or parole terms. This includes situations where the individual has committed another crime while under supervision.

While warrantless arrests are permissible in certain circumstances, there are specific exceptions related to misdemeanors in Florida that require careful consideration. Consider reaching out to a criminal defense attorney in Daytona Beach for more information.

When Warrantless Arrests Aren't Lawful

A warrant is a legal document issued by a judge based on probable cause that authorizes law enforcement officers to arrest an individual or search a property. The Fourth Amendment protects individuals from unreasonable searches and seizures, which is why a warrant is generally required for arrests.

As I mentioned, specific circumstances in Florida such as domestic violence, crimes committed in an officer's presence, and violations of certain protective orders create situations where warrantless arrests are legally justified. 

The primary situations where a police officer does need a warrant to make an arrest in Florida include:

• When the crime wasn't committed in an officer's presence: If a person is accused of committing a misdemeanor or felony in the past, without the officer being present to observe the crime, the officer can't arrest the individual on the spot. The officer would need probable cause to obtain an arrest warrant.

• When an arrest is made in a private location: In cases where an arrest is to be made in a private place—such as a person’s home—Florida law generally requires an arrest warrant.

• For certain felony offenses without immediate probable cause: In cases where evidence must be analyzed or an informant’s tip requires verification, a warrant may be necessary.

• When arresting for an offense committed in another jurisdiction: If a person is suspected of committing a crime in one county but is found in another, the officer in the second county would typically need to obtain an arrest warrant from a judge in the first county to make the arrest legally.

These are just a few examples of when a warrantless arrest may not apply in your case. If you were arrested without a warrant and you suspect that one may have been required, don't hesitate to speak to your criminal defense attorney in Daytona Beach.

Contact a Criminal Defense Attorney in Daytona Beach

While warrantless arrests may be made in Florida, they're not always lawful. I’m here at Daytona Defense to review your case. I serve clients in Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact Daytona Defense today to schedule a consultation.