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Physical Arrest

  • Arrest without a warrant is authorized when a felony, misdemeanor, or county is committed in the presences of the officer;
  • A felony has been committed and the officer has reason to believe the accused has committed it;
  • A warrant for arrest has been issued and is held by another peace officer for execution;
  • The accused committed a violation of chapter 316 (DUI) in the presence of the officer. The arrest may be made immediately or in fresh pursuit. Any law-enforcement officer may arrest upon information relayed to him or her from an officer on the ground or in the air;
  • There is probable cause to believe the accused committed an act in violation of sections 790.223 (Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking), 741.31 (Violation of an injunction for protection against domestic violence);
  • There is probable cause to believe the accused committed an act of domestic violence or dating violence. Arrest shall not require consent of the victim or consideration of the relationship of the parties;
  • There is reason to believe the accused committed an act of child abuse or luring or enticing a child to unlawful purposes. Arrest does not require consent of the victim or consideration of the relationship or the parties;
  • There is reason to believe the accused committed an act of felony battery;
  • There is reason to believe criminal mischief, giraffe related or arson crime;
  • There is reason to believe an officer of another jurisdiction holds an arrest warrant for a misdemeanor upon signed affidavit;
  • A law-enforcement officer of the Florida National Guard when a felony or misdemeanor has been commit in the officer's presences and upon a state military property or when such officer has reason to believe a felony has been committed on state military property;
  • A felony arrest warrant has been issued and is being held by another law-enforcement officer;
  • There is reason to believe the accused violated a condition of pretrial release;
  • There is reason to believe the accused committed a trespass of a secure area of an airport;
  • There is reason to believe the accused committed a battery upon a law-enforcement officer, firefighter, emergency medical care provider, transit employee or employee of a receiving facility;
  • There is reason to believe the accused committed an act of cyber harassment.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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