Florida Misdemeanor: Exceptions for Warrantless Arrests

Facing misdemeanor charges in Florida can be an overwhelming experience, especially when compounded by the possibility of a warrantless arrest. While generally, law enforcement officers must obtain a warrant to arrest someone, the law recognizes certain exceptions that allow for warrantless arrests, even in misdemeanor cases. 

These exceptions are designed to enable police officers to act swiftly in protecting public safety, preserving evidence, and preventing further criminal activity. For those accused of committing a misdemeanor in Florida, understanding when a warrantless arrest is permitted is crucial. 

These arrests have significant implications for your rights, including the right to remain silent, the right to counsel, and the potential consequences that follow a criminal conviction. As a criminal defense attorney in Ocala, Florida, at Defend Ocala, I'm dedicated to protecting your rights.

Here's what you need to know about exceptions to warrantless arrests so you can better understand how Florida's criminal justice system works and how your arrest may apply to your case.

What's Considered a Misdemeanor in Florida?

In Florida, a misdemeanor is a criminal offense that is considered less serious than a felony but still carries significant legal consequences. Misdemeanors are classified into two categories:

1. First-degree misdemeanors: These offenses are more serious and may carry penalties of up to 1 year in county jail, a fine of up to $1,000, or both.

2. Second-degree misdemeanors: These are less severe offenses, typically punishable by up to 60 days in jail, a fine of up to $500, or both.

Though misdemeanor offenses carry less severe penalties compared to felonies, they're still serious and can impact a person’s life, including their ability to obtain employment, housing, or carry out other essential functions. Common misdemeanor offenses in Florida include:

• Petty theft (stealing property valued under $300)

• Simple assault (threatening to harm someone)

• Disorderly conduct

• Driving under the influence (DUI) (when the blood alcohol content is above the legal limit, but without prior convictions)

• Possession of marijuana under 20 grams

If you're facing a misdemeanor charge, it's important to understand the potential for warrantless arrests and the circumstances under which they may occur. At Defend Ocala, I am ready to represent you and advocate for your best interests on your behalf.

When Are Warrantless Arrests Allowed?

Typically, law enforcement officers are required to obtain an arrest warrant before making an arrest. An arrest warrant is a legal document issued by a judge or magistrate based on probable cause that the individual has committed a crime. Probable cause refers to the reasonable belief that the person has committed the offense, based on facts and circumstances.

However, warrantless arrests are allowed under certain conditions. These exceptions are grounded in the Fourth Amendment of the U.S. Constitution, which protects citizens against unreasonable searches and seizures. 

While the Fourth Amendment generally mandates that arrests be made with a warrant, there are situations where a warrantless arrest may be justified to protect public safety, prevent the destruction of evidence, or apprehend a suspect quickly.

Florida Statutes Section 901.15 outlines the specific exceptions that allow law enforcement officers to make a warrantless arrest for misdemeanor offenses.

Exceptions to Warrantless Arrests for Misdemeanors

While Florida generally requires a warrant for an arrest, the law provides several exceptions that allow officers to make a warrantless arrest in misdemeanor cases. These exceptions are often critical for maintaining public order, making sure that suspects don't evade justice, and preventing further potential criminal activity.

Misdemeanor Committed in the Officer’s Presence

One of the most common 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), law enforcement officers are permitted to make a warrantless arrest if they personally observe the commission of a misdemeanor.

This exception is grounded in the idea that law enforcement officers are uniquely positioned to act swiftly when they witness a crime firsthand. For instance, if a police officer witnesses an individual committing disorderly conduct or simple assault, the officer can arrest the individual immediately without needing a warrant.

The presence of the officer at the scene is a key component of this exception, as it allows law enforcement to take immediate action to apprehend the suspect and prevent any further harm or disruption. The underlying idea is that the officer's direct observation of the crime provides the necessary probable cause to make an arrest.

Breach of the Peace

In Florida, a breach of the peace can include a range of behaviors that disturb public order or safety. This can encompass actions like fighting, loud arguing, and causing a public nuisance. Under Florida Statutes Section 901.15(1), an officer may make a warrantless arrest if they witness a breach of the peace.

For example, if an officer observes a physical altercation between two individuals or witnesses a person loudly disturbing others in a public space, the officer can arrest the individual without first obtaining a warrant. This exception empowers officers to act quickly in situations where public safety or order is being threatened.

The concept of a breach of the peace is intentionally broad, allowing officers the flexibility to arrest individuals who are causing significant disruptions or disturbances in public spaces. This helps prevent an escalation of conflicts and maintains a sense of security in the community. 

If you find yourself charged with such an offense, it’s important to consult a criminal defense attorney who can provide guidance and advocate for your rights throughout the legal process.

Domestic Violence Offenses

Florida law provides an important exception for domestic violence offenses. Under Florida Statutes Section 901.15(6), law enforcement officers are authorized to make a warrantless arrest when they have probable cause to believe that an individual has committed a domestic violence-related misdemeanor.

This exception applies regardless of whether the officer directly observed the crime. In cases of domestic violence, the law recognizes the potential for immediate harm to the victim, which justifies a quicker intervention by law enforcement. 

Domestic violence offenses can range from battery (e.g., hitting, slapping, or pushing) to more severe forms of violence. If an officer has probable cause to believe that domestic violence has occurred, they can arrest the alleged perpetrator even if they didn't witness the incident firsthand.

The law also places a strong emphasis on protecting victims of domestic violence, who may be at risk of further harm. Warrantless arrests in domestic violence cases are designed to prevent the perpetrator from fleeing or retaliating and to provide immediate protection for the victim.

Possession of Contraband or Drugs

Another exception to the warrant requirement for misdemeanor arrests occurs when law enforcement officers observe a person in possession of contraband or illegal substances. For example, possession of marijuana under 20 grams is a common misdemeanor in Florida. 

If a police officer has probable cause to believe that an individual is in possession of illegal drugs or contraband, the officer may arrest them without a warrant. 

During a routine traffic stop, if an officer smells marijuana coming from the vehicle, they may have probable cause to believe that the driver or passengers are in possession of illegal drugs. Upon searching the vehicle and finding drugs, the officer can arrest the individual immediately without needing a warrant.

The possession of contraband or drugs is often considered an offense that requires swift action to prevent further illegal activity, such as the consumption or distribution of drugs. The warrantless arrest exception helps to make sure that law enforcement can take action before the suspect has a chance to hide or destroy evidence.

If you’re arrested on drug-related charges, it’s important to consult with a criminal defense attorney like me who can help protect your rights and challenge any unlawful actions taken during the arrest.

Probation Violations

In Florida, individuals who are on probation may face a warrantless arrest if they violate the terms of their probation, even in misdemeanor cases. Florida Statutes Section 948.06 permits law enforcement to arrest individuals who have violated probation without a warrant. This includes violations of conditions, such as failing to report to a probation officer or committing another criminal offense.

Probation violations are taken very seriously in Florida, and law enforcement is empowered to make warrantless arrests in these situations to make sure that probationers are held accountable for their actions. A violation of probation can have serious consequences, including revocation of probation and the imposition of a jail or prison sentence.

Consequences of Warrantless Arrests in Misdemeanor Cases

For individuals arrested without a warrant, the consequences can be significant, even if the arrest is lawful. While the arrest may be justified under one of the exceptions described above, the individual still faces potential legal repercussions. These consequences can include:

• Criminal charges: Even if a misdemeanor is committed in the officer’s presence, the individual may still be charged with the offense and face criminal prosecution. This can result in penalties such as fines, jail time, and a criminal record.

• Legal challenges: In some cases, an individual may challenge the lawfulness of their arrest. An attorney may argue that the officer lacked probable cause or that the circumstances didn't justify a warrantless arrest. If the court agrees, the charges may be dismissed, or the evidence may be excluded from the trial.

• Impact on rights: A warrantless arrest can have an immediate impact on an individual's rights. For example, the person may be taken into custody without the opportunity to post bail, and they may face additional scrutiny in future legal proceedings.

For these reasons, those who are arrested without a warrant should seek legal counsel as soon as possible. A qualified criminal defense attorney can help protect your rights, explore potential defenses, and work to reduce or eliminate the legal consequences.

Contact a Criminal Defense Attorney Today

Being charged with a misdemeanor can be overwhelming, but you don't have to go through it alone. At Defend Ocala, I am experienced in representing clients who have been charged with misdemeanor offenses. Reach out to me today to schedule an initial consultation and get the legal representation you need. Located in Ocala, Florida, I serve clients throughout Marion County and Lake County, including Clermont, Leesburg, Tavares, Eustis, and the surrounding areas.