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Florida Statute 901.24 | Lawyer Caselaw & Research
F.S. 901.24 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 901.24

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901
ARRESTS AND TEMPORARY DETENTIONS
View Entire Chapter
F.S. 901.24
901.24 Right of person arrested to consult attorney.A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable.
History.s. 24, ch. 19554, 1939; CGL 1940 Supp. 8663(24); s. 13, ch. 70-339.

F.S. 901.24 on Google Scholar

F.S. 901.24 on Casetext

Amendments to 901.24


Arrestable Offenses / Crimes under Fla. Stat. 901.24
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.24.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PENALVER, v. STATE, 926 So. 2d 1118 (Fla. 2006)

. . . Leeke, 488 U.S. 272, 109 S.Ct. 594, 102 L.Ed.2d 624 (1989); § 901.24, Fla. . . .

SMALLRIDGE, v. STATE, 904 So. 2d 601 (Fla. Dist. Ct. App. 2005)

. . . See § 901.24, Fla. Stat. (2001). . . .

GERARD v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 40 Fla. Supp. 2d 41 (Fla. Cir. Ct. 1989)

. . . Yet, Section 901.24 Fla. . . . Hoch supra tries to sidestep 901.24 Fla. . . .

STATE OF FLORIDA v SCHNEIDER STATE OF FLORIDA v HERNANDEZ, 32 Fla. Supp. 2d 49 (Fla. Cir. Ct. 1989)

. . . Statute 901.24 mandating that the police permit, if requested, a brief recess prior to the breath test . . . Stat. 901.24 and found a right to counsel existed) and virtually state it was “no longer good law.” . . . Statute 901.24, which provides, “a person arrest shall be allowed to consult with an attorney . . . alone . . . Statute 901.24. If not, the legislature would have so indicated. . . .

STATE OF FLORIDA v. STURNEY, 31 Fla. Supp. 2d 151 (Fla. Cir. Ct. 1988)

. . . He cited FS § 901.24; State of Florida v Carlin, 15 Fla. . . . The Hoch decision also clearly holds that such an accused person’s rights under FS § 901.24, and under . . . The most definitive and complete case in the State of Florida, dealing with rights under FS § 901.24, . . . In Hoch, it was clearly ruled that the rights of an accused under FS § 901.24, and under the Fifth, Sixth . . .

STATE OF FLORIDA v. COLON, 23 Fla. Supp. 2d 65 (Palm Beach Cty. Ct. 1987)

. . . lawyer violated his right to counsel under the Florida and United States Constitutions and section 901.24 . . . under the Fifth or Sixth Amendments, the due process clause of the Fourteenth Amendment, or section 901.24 . . .

NELSON, v. STATE, 508 So. 2d 48 (Fla. Dist. Ct. App. 1987)

. . . the Florida Constitution, the Sixth or Fourteenth Amendment to the Federal Constitution, nor section 901.24 . . .

STATE v. HOCH,, 500 So. 2d 597 (Fla. Dist. Ct. App. 1986)

. . . moved to suppress the breath test results, contending that the test was taken in violation of section 901.24 . . . —Section 901.24, Florida Statutes (1983). . . . No reference was made to section 901.24, although the statute was then in existence. In Cox v. . . . Once again, no reference was made to section 901.24, although the statute was in existence. . . . Section 901.24 was enacted prior to our implied consent statute. . . .

STATE OF FLORIDA v. BRICE, 18 Fla. Supp. 2d 191 (Fla. Cir. Ct. 1986)

. . . Section 901.24, F.S., provides as follows: “A person arrested shall be allowed to consult any attorney . . .

STATE OF FLORIDA v. CARLIN, 15 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1986)

. . . opportunity to consult with one, she did not have the right of such consultation under the mandate of F.S. 901.24 . . . Florida Statute 901.24 provides, in its entirety: “A person arrested shall be allowed to consult with . . . Florida Statute 901.24, by its express language, recognizes that there may be times when the delay of . . . out and investigated in a reasonable manner; such philosophy is found in the last three words of F.S. 901.24 . . . F.S. 901.24 mandates that an arrested person shall have a reasonable opportunity to consult with an attorney . . .

STATE OF FLORIDA v. GARCIA, 14 Fla. Supp. 2d 24 (Monroe Cty. Ct. 1985)

. . . This Court holds that under Florida Statute section 901.24 and the Due Process Clauses of the Fifth and . . . Florida Statute section 901.24 suggests that a defendant in custody should be given a chance to consult . . . Florida Statute section 901.24 in its entirety reads: “901.24 — A person arrested shall be allowed to . . . The Court notes that Florida Statute 901.24 does not require that the defendant be advised of his right . . . Florida Statute 901.24 was not discussed. . . .

STATE OF FLORIDA v. HOCH, 11 Fla. Supp. 2d 1 (Monroe Cty. Ct. 1985)

. . . This Court further holds that under Florida Statute section 901.24 and the Due Process Clauses of the . . . First of all, Florida Statute section 901.24 suggests that a defendant should be given a chance to consult . . . Florida Statute section 901.24 in its entirety reads: “901.24 — A person arrested shall be allowed to . . . The Court notes that Florida Statute 901.24 does not require that the defendant be advised of his right . . . Florida Statute 901.24 was not discussed. . . .

STATE OF FLORIDA v. BLUE, 9 Fla. Supp. 2d 3 (Fla. Cty. Ct. 1985)

. . . The right to counsel as provided in Florida Statutes 901.24 states: “A person arrested shall be allowed . . . Florida Statutes 901.24 obviously contemplates a defendant in jail or other secure location with no degree . . .

STATE OF FLORIDA v. JOHNSON, 8 Fla. Supp. 2d 116 (Fla. Cty. Ct. 1984)

. . . The requirements of the 4th, 5 th, 6th and 14th Amendments as well as F.S. 901.24 do not require the . . .

STATE OF FLORIDA v. DAVANT, 6 Fla. Supp. 2d 194 (Broward Cty. Ct. 1984)

. . . with an attorney licensed to practice law in this State as specifically provided in Florida Statute 901.24 . . . of Florida, in its comments to the Court, conceded that the specific provisions of Florida Statute 901.24 . . . In an attempt to consider the logic and application of Florida Statute 901.24, it is helpful to consider . . . This court, then, construes the intent of the legislature in the enactment of Florida Statute 901.24 . . . Pursuant to FS. 901.24 this Court specifically finds that should a Defendant request to speak with an . . .

HOFF v. STATE OF FLORIDA, 6 Fla. Supp. 2d 79 (Fla. Cir. Ct. 1983)

. . . S. 901.24 requires that one be permitted to consult with an attorney prior to taking a breathalyzer test . . .

STATE v. ROCHE,, 1 Fla. Supp. 2d 189 (Orange Cty. Cir. Ct. 1981)

. . . consult” counsel.” and in part upon an attempted reconciliation of the Implied Consent law with Section 901.24 . . . The Implied Consent law as compared with Section 901.24 is a relatively recent creation and we in the . . .

STATE v. ROCHE STATE v. HALL STATE v. VATALARO, 1 Fla. Supp. 2d 171 (Orange Cty. Cir. Ct. 1980)

. . . Stat. 901.24. . . . STAT. 901.24. Fla. . . . Stat. 901.24, have permitted an accused to call an attorney prior to taking a breathalyzer. . . . Stat. 901.24 on the Implied Consent statute. In State v. Oliver, 47 Fla. . . . Stat. 901.24 was not applicable. . . .

STATE v. OLIVER STATE v. OLIVER, 47 Fla. Supp. 111 (Palm Beach Cty. Ct. 1976)

. . . Section 901.24, Florida Statutes; Hunter v. Dorius, 458 Pacific 2d 877 (Utah 1969); Rusho v. . . .

STATE v. BURTS, 24 Fla. Supp. 88 (Dade Cty. Cir. Ct. 1964)

. . . Florida Statute 901.24 provides — “Any attorney at law entitled to practice in the courts of this state . . .

ERNEST DAUGHERTY v. STATE OF FLORIDA, 154 Fla. 308 (Fla. 1944)

. . . Section 901.24, Fla. . . .