Arrest by Warrant/Warrantless Arrest
A peace officer making an arrest by warrant shall inform the person arrested of the cause of the arrest and that a warrant has been issued, except when?
The person flees or forcibly resists before the officer has an opportunity to inform them, or when giving the information will imperil the arrest.
If a police officer wishes to enter to make a routine arrest of the suspect in his or her or a third party's home, the officer must obtain a what?
an arrest warrant.
Necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be, after the peace officer has announced his or her authority and purpose and fails to gain admittance.
There are three exceptions to the warrantless entry rule.
1. A police Officer can make a warrantless entry where a suspect has committed a violent crime, and he or she is inside the premise and armed and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens.
2. If an officer obtains consent to enter the premises from an owner or lessor, an arrest warrant is not required to enter the premises.
What is the third exception.
What is "Hot Pursuit" of a fleeing felon (U.S. v. Santana, 427 U.S. 38
An arrest is valid as long as there was objective what? Even if the officer had a different subjective motivation for the arrest.
Probable cause, (Arkansas v. Sullivan, 532 U.S. 769 (2001)
Does the warrant requirement apply for an arrest of a suspect in a motel or hospital room where the suspect has set up temporary residence?
Yes, it does apply.
What Florida State Statute covers the exceptions that allow a law enforcement officer to make a warrantless arrest for a misdemeanor (where the general rule normally requires the misdemeanor to be committed in the officer's presence
FSS 901.15
Under which chapter of the Florida State Statute gives law enforcement the authority to make an arrest for the commission of a crime, with or without a warrant?
what is Chapter 901