Policy Text
POLICY
188.0WARRANTLESS ARRESTS
REVISED: 11/2011RELATED POLICIES:
REVIEWED BY CHIEF DAVID
MAGNUSSON 5/2019
A.GENERAL
1.The arrest must comply with the 4th, 5th, and 6th Amendments to the
Constitution of the United States of America.
2.The arrest must comply with F.S. 901.15.
3.On all felony arrests made in El Portal, the suspect will be booked at the Dade
County Jail or in the case of a juvenile, the Juvenile Assessment Center.
4.El Portal Police Officers will complete a written offense report and an arrest
affidavit.
5.Officers shall refer to Florida Legal Guidelines, #2, Warrantless Arrest (in the
Florida Criminal Law Motor Vehicle Handbook and Selected City Ordinances),
for more detailed information.
B.FELONY
A El Portal Police Officer may make warrantless arrests if the officer has probable cause
to believe a felony has been or is being committed and the person to be arrested is the
perpetrator of that felony.
C.MISDEMEANOR
1.With the following exceptions, in order for a El Portal Police Officer to make a
valid arrest for a misdemeanor, the misdemeanor must be committed in the
presence of the officer and the arrest shall be made immediately or in fresh
pursuit. For an exception to apply, the officer must reasonably believe the
defendant committed the misdemeanor offense.
2.Exceptions: Arrest for Misdemeanor Which Is Not Committed in the Officer's
Presence - Instances where a police officer may make a warrantless arrest for a
misdemeanor which has not been committed in the officer's presence are:
a.F.S. 784.03, Battery;
b.F.S. 812.015, Retail or farm theft;
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c.F.S. 316.645, Traffic accident arrest;
d.F.S. 790.02, Carrying concealed weapons;
e.F.S. 509.143, Disorderly conduct on the premises of an establishment;
f.F.S. 509.162, Theft of personal property;
g.F.S. 810.097, Trespassing upon public school grounds;
h.F.S. 893.13(3), Delivery of cannabis less than 20 grams;
i.F.S. 741.30, 740.31, 901.15, Act of domestic violence;
j.F.S. 784.048, Stalking;
k.F.S. 893.13(6)(b), (d), Possession of less than 20 grams of cannabis;
l.F.S. 784.046 and 901.15(8), Violation of an injunction against repeat
violence;
m.F.S. 741.30 and 905.15(6), Violation of an injunction against domestic
violence;
n.F.S. 806.13, Criminal mischief or graffiti-related offense;
o.F.S. 790.233, Possession of a firearm or ammunition prohibited when
person is subject to an injunction against committing acts of domestic
violence;
p.F.S. 812.015(4), Transit fare evasion;
q.F.S. 812.015 (3), (4), Trespass in a structure or conveyance;
r.F.S. 827.04, Contributing to the delinquency or dependency of a minor;
s.F.S. 901.15(14), Probable cause to believe that the person has committed
an act that violates a condition of pretrial release when the original arrest
was for an act of domestic violence;
t.F.S. 901.15(11), a misdemeanor has been committed, based upon a signed
affidavit provided to the officer by a law enforcement officer of the United
States government; and
u.F.S. 901.15(12), a felony was committed on state military property or a
misdemeanor was committed in the presence of a law enforcement officer
of the Florida National Guard.
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D.APPLICABLE FLORIDA STATUTES:
1.901.15 - When arrest by officer without warrant is lawful.
2.901.17 - Method of arrest by officer without warrant.
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