The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.1505

901.1505 Federal law enforcement officers; powers.—

(1) As used in this section, the term “federal law enforcement officer” means a person who is employed by the Federal Government as a full-time law enforcement officer as defined by the applicable provisions of the United States Code, who is empowered to effect an arrest for violations of the United States Code, who is authorized to carry firearms in the performance of her or his duties, and who has received law enforcement training equivalent to that prescribed in s. 943.13.

(2) Every federal law enforcement officer has the following authority:

(a) To make a warrantless arrest of any person who has committed a felony or misdemeanor as defined by state statute, which felony or misdemeanor involves violence, in the presence of the officer while the officer is engaged in the exercise of her or his federal law enforcement duties. If the officer reasonably believes that such a felony or misdemeanor as defined by state statute has been committed in her or his presence, the officer may make a warrantless arrest of any person whom she or he reasonably believes to have committed such felony or misdemeanor.

(b) To use any force which the officer reasonably believes to be necessary to defend herself or himself or another from bodily harm while making the arrest or any force necessarily committed in arresting any felon fleeing from justice when the officer reasonably believes either that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

(c) To conduct a warrantless search incident to the arrest, as provided in s. 901.21, and to conduct any other constitutionally permissible search pursuant to the officer’s lawful duties.

(d) To possess firearms; and to seize weapons in order to protect herself or himself from attack, prevent the escape of an arrested person, or assure the subsequent lawful custody of the fruits of a crime or the articles used in the commission of a crime, as provided in s. 901.21.

History.—s. 1, ch. 91-43; s. 1458, ch. 97-102.

F.S. 901.1505 on Google Scholar

F.S. 901.1505 on Casetext

Amendments to 901.1505

Arrestable Offenses / Crimes under Fla. Stat. 901.1505

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.1505.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 194 So. 3d 1007 (Fla. 2016)

. . . . § 901.1505, Fla. Stat. . . .

LEWIS, v. STATE, 97 So. 3d 285 (Fla. Dist. Ct. App. 2012)

. . . pretends to be a ... police officer ... or a federal law enforcement officer as defined in slection] 901.1505 . . .

WARD, v. STATE, 965 So. 2d 308 (Fla. Dist. Ct. App. 2007)

. . . Stat. (2002) (defining “law enforcement officer”); § 901.1505(1), Fla. . . .

J. GOSS, v. STATE, 744 So. 2d 1167 (Fla. Dist. Ct. App. 1999)

. . . arrest for a misdemeanor or ordinance violation unless it is conducted in the officer’s presence, see § 901.1505 . . .