Policy Text
KISSIMMEE POLICE DEPARTMENT
GENERAL ORDER
General Order 102 – Authority
Page 1 of 5 TITLE: AUTHORITY 102
EFFECTIVE: 07/01/2015 REVISED: 09/05/2025 SCOPE : ALL EMPLOYEES
REVIEW AUTHORITY: ADMINISTRATIVE BUREAU DEPUTY CHIEF
CFA STANDARDS: N/A
102.01 Authority 102.06 Documentation of Arrests
102.02 Arrest Authority 102.07 Arrested Released
102.03 Arrest Within Dwelling 102.08 Release from Custody
102.04 Alternatives to Arrest 102.09 Compliance
102.05 Law Enforcement Discretion
Policy: Employees of the Kissimmee Police Department take an Oath of Office prior to performing
official duties. Employees sign a copy of this Oath which states they shall support, defend, and
obey the Constitution of the United States of America, the Constitutio n of the State of Florida, the
laws and ordinances of the City of Kissimmee, and the rules and regulations of the Kissimmee
Police Department.
102.01 Authority: Sworn employees have the authority to take the actions necessary to enforce
the laws of the State of Florida and ordinances of the City of Kissimmee within the following
guidelines:
a. Statutory Authority: The City of Kissimmee, through the State Constitution and Florida
Statute 166.021 , exercises its power for municipal purposes, except when expressly
prohibited by law.
b. Ordinance s Authority: City of Kissimmee Code of Ordinances Sec. 2.580 provides the
Police Department the authority t o enforce all laws and ordinances in the City of
Kissimmee Code of Ordinances.
102.02 Arrest Authority: Florida Statute Chapter 901 provides the authority for a sworn law
enforcement employee to make arrests. The following are circumstances when an offic er may
make an arrest :
a. Warrant Arrest: Prior to making an arrest, employees shall conduct an FCIC/NCIC check
to verify the warrant for the arrest is active and may be served. Sworn employees shall
inform the person to be arrested of the cause of arrest and that a warrant has been issued.
Exce ptions would be if a person flees or forcibly resists before the officer has an
opportunity to inform the person; or when giving the information may jeopardize officer
KISSIMMEE POLICE DEPARTMENT
GENERAL ORDER
General Order 102 – Authority
Page 2 of 5 safety. The officer is not required to have the warrant in their possession at the time of the
arrest.
b. Arrest without a Warrant: A law enforcement officer may arrest a person, 8 years of age
or older, without a warrant in the following circumstances:
1. The person has committed a felony or misdemeanor or violated a municipal ordinance
in the presence of the officer. An arrest for the commission of a misdemeanor or the
violation of a municipal ordinance shall be made immediately or in “ fresh pursuit .”
Fresh pursuit is the arres t of a suspect in a public place after the immediate and
continuous pursuit of a fleeing suspect. ;
2. The person has committed a criminal violation of Florida Statute(s) Chapters 316, 320,
or 322 in the presence of the offi cer;
3. The officer may make a warrantless arrest if they reasonably believe a felony has been
committed and the individual is the perpetrator of the crime; and
4. The person has committed an offense identified as a “Misdemeanor Exception” as
defined in within the Legal Guidelines section of Florida Statutes, including Chapter
901.15 .
A law enforcement officer may not a rrest or charge a child younger than 8 years of age for a
delinquent act or violation of law, unless the violation of law is a forcible felony defined in
Florida Statutes Section 776.08.
102.03 Arrest within a Dwelling: An arrest warrant or search warrant must be obtained to enter
a dwelling for the purpose of making an arrest. This requirement also applies to the arrest of a
suspect who has established a temporary residence. Temporary residence merely requires bodily
presence as an inhabitant of a given place. An unlawful entry may result in the suppression of
evidence and potential liability.
a. Exceptions: The following are exceptions to the rule requiring the issuance of an arrest
warrant before an arrest can be made inside a dwelling:
1. An armed suspect who has committed a violent crime and is inside a dwelling; and
there is a likelihood they shall escape; or the suspect poses a serious danger to the police
and/or citizens;
2. Consent is obtained to enter the dwelling from a person authorized to giv e consent; and
3. Arrest of a suspect as a result of hot pursuit of a fleeing felon. “Hot pursuit” is the entry
into a premise or residence, during a continuous pursuit of a fleeing felony suspect that
began in a public place, in an attempt to arrest the fle eing felony suspect.
KISSIMMEE POLICE DEPARTMENT
GENERAL ORDER
General Order 102 – Authority
Page 3 of 5 102.04 Alternatives to Arrest: An arrest of an individual is one of the most important decisions
for a law enforcement officer. Therefore, alternatives to an arrest should be considered when
reasonable and lawful under the circumsta nces. Alternatives include, but are not limited to , the
following:
a.