Florida Misdemeanors: Exceptions for Warrantless Arrests

In Florida, law enforcement officers are typically required to obtain a warrant before making an arrest. However, the law recognizes certain exceptions to this rule, particularly when it comes to arrests for misdemeanors. 

As a criminal defense lawyer in Ocala, Florida, I know that exceptions can play a crucial role in both protecting individuals' rights and maintaining the effective enforcement of the law. Here's what you need to know about these exceptions when you're facing a misdemeanor charge.

Florida's Misdemeanor Classifications

In Florida, a misdemeanor is generally considered a less severe offense than a felony, but it still carries significant consequences. Florida classifies misdemeanors into two categories:

• First-degree misdemeanor: A first-degree misdemeanor is punishable by up to one year in county jail, a fine of up to $1,000, or both. Examples of first-degree misdemeanors in Florida include petty theft, battery, and DUI (driving under the influence).

• Second-degree misdemeanor: A second-degree misdemeanor is punishable by up to 60 days in county jail, a fine of up to $500, or both. Examples include simple possession of cannabis and disorderly conduct.

Although misdemeanors are considered less serious than felonies, they still have the potential to severely impact an individual’s life and future. 

If you find yourself being charged with a crime and you're facing a misdemeanor, it's in your best interest to contact an experienced criminal defense lawyer in Ocala, Florida. It's especially recommended to reach out to my firm at Ocala Defense if you believe that your arrest may not have been lawful.

Warrantless Arrests

Florida Statutes Section 901.15 outlines specific exceptions that allow officers to make warrantless arrests in certain circumstances.

Some of the most important exceptions include:

Arrests in Public Places Based on Observed Misdemeanors 

Under Florida Statutes Section 901.15(1), a law enforcement officer may arrest a person without a warrant if the officer has probable cause to believe the person has committed a misdemeanor in the officer’s presence. 

This is one of the most common exceptions for warrantless arrests in Florida. If an officer personally observes the misdemeanor taking place, the officer can make an arrest on the spot.

For example, if a police officer witnesses an individual committing a battery, which is a first-degree misdemeanor in Florida, the officer can immediately arrest the individual without the need for a warrant. Similarly, if an officer observes someone driving under the influence (DUI), the officer may arrest the individual for that offense immediately.

This exception is based on the premise that a police officer who directly observes the commission of a crime is in the best position to protect public safety and prevent further criminal activity. The rationale behind this rule is that waiting for a warrant could allow the individual to flee, destroy evidence, or commit additional offenses.

Of course, in cases where the officer's opinion may have been misled at the moment, it's recommended to speak to a criminal defense lawyer in Ocala, Florida.

Arrests for Domestic Violence Offenses 

Florida law provides a special rule for misdemeanor arrests in domestic violence cases. Under Section 901.15(6), if a law enforcement officer has probable cause to believe that a person has committed a misdemeanor related to domestic violence, the officer can make an arrest without a warrant. 

This includes offenses like battery, stalking, or assault between individuals who are family members, cohabitants, or have a dating relationship.

The rationale for this exception is the desire to protect victims of domestic violence and to prevent further harm. The law recognizes that delays in making an arrest in domestic violence cases can escalate the danger to the victim, so officers are authorized to act immediately to prevent further violence.

Arrests for Violations of No-Contact Orders or Conditions of Release 

If a person violates a no-contact order or the conditions of their release in a criminal case, a law enforcement officer can arrest the individual without a warrant. This exception is outlined in Section 901.15(8) of the Florida Statutes. 

A no-contact order is often issued in cases involving domestic violence or other serious offenses, and its violation is treated as a significant breach of the court’s authority.

Similarly, if an individual is released on bond or pretrial release, and violates the conditions of that release, such as by committing a misdemeanor, the officer may arrest them without a warrant.

If you were arrested without a warrant on the basis of violating a no-contact order, but you don't believe you were violating this order, be sure to speak to a criminal defense lawyer in Ocala, Florida.

Arrests in Certain Traffic Offenses 

Florida law permits warrantless arrests in certain misdemeanor traffic offenses. 

For example, under Florida Statutes Section 901.15(2), if an individual commits a misdemeanor traffic offense, such as reckless driving or driving with a suspended license, and the officer has probable cause to believe that the offense has occurred, the officer can make an arrest without a warrant. 

In these cases, the officer’s ability to immediately arrest the individual serves both to prevent further dangerous behavior and to make sure that the individual faces appropriate legal consequences for their actions. A traffic stop could be a common scenario in which misdemeanor arrests are made without warrants.

Arrests in Certain Drug Offenses

Florida law also allows officers to make warrantless arrests for certain drug offenses. Under Section 901.15(3), if an officer has probable cause to believe that a person has committed a misdemeanor drug offense, such as possession of less than 20 grams of marijuana, the officer can arrest the person without first obtaining a warrant. 

The rationale behind this exception is to help law enforcement curb drug abuse and trafficking at the street level. The quick apprehension of individuals suspected of drug-related crimes allows law enforcement to maintain order and deter further illegal drug activity.

Arrests for Violation of Local Ordinances 

Florida law permits warrantless arrests for the violation of local ordinances under certain conditions. Section 901.15(10) allows an officer to arrest a person who's violating a local ordinance if the officer has probable cause to believe the individual has committed an offense in the officer’s presence. 

This can apply to a variety of offenses, from disturbing the peace to violating zoning laws or business regulations.

Local law enforcement agencies are often responsible for enforcing these ordinances, and warrantless arrests may be necessary for swift enforcement, particularly in situations where the violation poses an immediate risk to public order.

Limitations and Considerations

While Florida law permits warrantless arrests in certain circumstances, it's important to note that law enforcement officers must still have probable cause to make an arrest. In all the above exceptions, the officer must be able to articulate specific facts that support the belief that the individual has committed a misdemeanor offense.

Additionally, even when a warrantless arrest is allowed, it doesn't mean that the arrest is free from constitutional challenges. If an individual is arrested unlawfully, meaning the officer didn't have sufficient probable cause, the arrest can be contested in court.

Some key points to consider include:

• Probable cause requirement: Law enforcement must have probable cause to justify any warrantless arrest.

• Specific facts are necessary: Officers must articulate specific facts supporting the belief that a misdemeanor offense occurred.

• Subject to legal challenges: Warrantless arrests are subject to constitutional challenges if probable cause is insufficient.

• Exclusion of evidence: Unlawful arrests may lead to court challenges and the exclusion of evidence obtained as a result.

As your experienced criminal defense lawyer in Ocala, Florida, I may argue that your arrest violated your constitutional rights, potentially leading to the exclusion of evidence obtained as a result of the unlawful arrest.

Contact a Criminal Defense Lawyer in Ocala, Florida

If you've been charged with a misdemeanor but believe your warrantless arrest was unlawful, don't hesitate to contact me, Attorney Jeffrey Higgins. I serve clients in Ocala, Marion County, Lake County, Clermont, Leesburg, Tavares, and Eustis. Contact my law firm, Ocala Defense, to schedule a consultation.