Policy Text
1 (04/28 /2016) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: WARRANTLESS FELONY ARRESTS
Index as: Exigent Circumstances Knock and Announce Warrantless Felony Arrests
Felony Arrest, Warrantless Probable Cause
Accreditation Standards: 1.2.5
Cross Reference: G.O. I -3, Legal Authority of Police Officers
§901.15, F.S.S.
§901.19, F.S.S.
§933.09, F.S.S.
Replaces : I.O. V.6:3, Warrantles s Felony Arrests (November 1, 2014 )
This Order consists of the following sections:
I. Purpose
II. Policy
III. Definitions
IV. Probable Cause for Warrantless Felony Arrest
V. Warrantless Felony Arrest in Public Places
VI. Warrantless Felony Arrest in Suspect’s Residence
VII. Warrantless Felony Arrest in Residence of Third Party
VIII. Knock and Announce
IX. Exceptions to Knock and Announce and the Warrant Requirement
X. After the Arrest/Entry: Scope of the Search
I. PURPOSE
This Order establishes guidelines and Departmental policy for making warrantless entries into a residence or other
building to make felony arrests.
II. POLICY
It is the policy of this Department that an Officer shall not forcibly enter any residence or other building for the purpose of
making a FELONY arrest without first announcing their authority and purpose, UNLESS the Officer is in “hot pursuit” or
has an articulable reason to believe that they are faced with one or more other “exigent circumstances .” Absent a hot
pursuit or the presence of one or more other exigent circumstances, Officers shall comply with the knock and announce
provisions of §901.19(1), F.S.S. An Officer may NOT enter a residence in hot pursuit for a MISDEMEANOR offense.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.6:3
Distribution: All Employees
Instructional Order V.6: 3
2 (04/28 /2016 ) III. DEFINITIONS
A. EXIGENT CIRCUMSTANCES – one or more of the following:
1. Hot Pursuit – as used in this Order, means a pursuit during which one or more Officers involved:
a. Is in an actual pursuit of the suspect;
b. Has reason to believe that the suspect is aware of the pursuit;
c. Actually observes the suspect enter a residence or other building, and
d. Is in such close pursuit as to be able to enter the residence or other building immediately after the
suspect.
2. Danger to police;
3. Danger to themselves or others;
4. Crime in progress;
5. Crime/homicide scene;
6. Medical emergency;
7. Destruction of evidence;
8. Flight or escape risk.
B. Probable Cause – More than bare suspicion . “Probable cause exists where the facts and circumstances within
[the Officer ’s] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to
warrant a man of reasonable caution in the belief that an offense has been or is being committed.” Brinegar v. United
States, 338 U.S. 160, 175 (1949) .
C. Knock and Announce – “If a peace officer fails to gain admittance after they have announced their authority and
purpose in order to make an arrest, either by a warrant or when authorized to make an arrest for a felony without a
warrant, they may use all ne cessary and reasonable force to enter any building or property where the person to be
arrested is , or is reasonably believed , to be.” §901.19(1), F.S.S.
IV. PROBABLE CAUSE FOR WARRANTLESS FELONY ARREST
A. An Officer may make a warrantless felony arrest, when:
1. A felony has been committed and they reasonably believe that the person committed it; or
2. The Officer reaso nably believes that a felony has been or is being committed and that the person to be
arrested has committed or is committing it. §901.15(2)(3), F.S.S.
V. WARRANTLESS FELONY ARREST IN PUBLIC PLACES
If probable cause exists, no warrant is required to apprehend a suspected felon in a public place. Steagald v. United
States , 451 U.S. 204 (1981) .
VI. WARRANTLESS FELONY ARREST IN SUSPECT’S RESIDENCE
A. The Fourth Amendment to the U.S. Constitution, made applicable to the States by the Fourteenth Amendment,
prohibits Police Officers from making a warrantless and non-consensual entry into a suspect’s residence/premises in
order to make a routine felony arrest. Payton v. New York , 445 U.S. 573 (1980) (emphasis supplied).
B. EXCEPTION – A warrantless and non -consensual entry into the residen ce/premises of the suspect, to e ffect an
arrest on a felony suspect, may be made where valid exigent circumstances exist, and the Officer can sufficiently
articulate and document them for presentation in court .
Instructional Order V.6: 3
3 (04/28 /2016 ) VII. WARRANTLESS FELONY ARREST IN RESIDENCE OF THIRD PARTY
A. With or