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. 901.28

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search.—The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

History.—s. 1, ch. 73-27; s. 7, ch. 85-77.

F.S. 901.28 on Google Scholar

F.S. 901.28 on Casetext

Amendments to 901.28

Arrestable Offenses / Crimes under Fla. Stat. 901.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.28.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. KURTZ, v. KIMBERLY- CLARK CORPORATION v. R. v. v. v. CVS v., 321 F.R.D. 482 (E.D.N.Y. 2017)

. . . . ¶ 901.28 (David L. . . .

WARREN, v. COUNTY COMMISSION OF LAWRENCE COUNTY, ALABAMA,, 826 F. Supp. 2d 1299 (N.D. Ala. 2011)

. . . Warren and against the Commission in the amount of $400,600.00 on her retaliation claims, and $901.28 . . .

L. POLLEN, v. STATE, 834 So. 2d 380 (Fla. Dist. Ct. App. 2003)

. . . Under section 901.28, Florida Statutes (2001), the officer had the option of giving Pollen a notice to . . .

WELCH, v. STATE, 741 So. 2d 1268 (Fla. Dist. Ct. App. 1999)

. . . Although I agree with the majority’s analysis, I would hold section 901.28, Florida Statutes (1997), . . . Had the sequence of events been different, then the application of section 901.28, even if perhaps unnecessary . . . determination was made, there was no justification for a search of the vehicle and to the extent section 901.28 . . . Section 901.28 does not say that a search can be conducted upon the issuance of a summons; it merely . . . The state cited to section 901.28, which provides: The issuance of a notice to appear shall not be construed . . .

SLOAN, Jr. v. STATE, 429 So. 2d 354 (Fla. Dist. Ct. App. 1983)

. . . Section 901.28, Florida Statutes (1981), provides for issuance of a notice to appear on misdemeanor charges . . .