What You Need to Know from a Florida Criminal Defense Attorney

In Florida, not all arrests require a warrant. Police officers have the authority to arrest someone on the spot in certain situations, even without prior judicial approval. While this is legal under specific circumstances, it often leads to arrests that violate state law or constitutional protections.

I’ve represented countless clients who were arrested without a warrant. Some were pulled over and charged with felonies on the roadside, others were taken from their homes based on accusations alone. Not every arrest made in Florida follows the law, and if yours didn’t, we may be able to suppress the evidence, challenge the charges, or get your case dismissed.

Let me walk you through the statute, explain when warrantless arrests are legal, and show you how a strong defense starts the moment your freedom is threatened.

The Florida Statute That Governs Warrantless Arrests

The primary law that controls arrests without a warrant is Florida Statutes Section 901.15.

Statute Text – Florida Statute § 901.15 (excerpt):

“A law enforcement officer may arrest a person without a warrant when:
(1) The person has committed a felony or misdemeanor in the presence of the officer.
(2) A felony has been committed and the officer has probable cause to believe that the person committed it.
(3) A warrant for the arrest has been issued and is held by another officer.
…
(7) There is probable cause to believe that the person has committed an act of domestic violence.
(8) The person is involved in a traffic crash and has committed certain criminal traffic violations.
(9) There is probable cause to believe a violation of an injunction has occurred.”

Statute Summary:

Under Florida law, police can arrest someone without a warrant if:

  • A crime is committed in front of them

  • They have probable cause to believe a felony has occurred

  • The arrest involves domestic violence, protective order violations, or certain traffic offenses

  • There is an outstanding warrant known to other agencies

This list is not unlimited. Arrests must still meet legal standards of probable cause, and officers cannot bypass the warrant process in situations where it is required.

Common Situations Where Warrantless Arrests Happen

You may be arrested without a warrant in any of the following situations:

  • You’re accused of battery or domestic violence and police arrive shortly after

  • You’re pulled over and drugs or weapons are found in your car

  • Someone claims you violated an injunction or restraining order

  • A store calls police for alleged theft and you’re still on-site

  • You’re found in a location where a felony was just committed and matched to a witness description

These arrests can be legal, but they also open the door to abuse of power or shortcuts in police procedure. Officers often act first and sort out probable cause later. That’s when having an attorney makes the difference.

Defenses to a Warrantless Arrest in Florida

If you were arrested without a warrant, we start by asking one critical question: Did the police have the legal right to arrest you at that moment?

If they didn’t, the arrest may be unlawful—and any evidence obtained afterward may be thrown out.

Common defenses include:

  • The officer did not witness the alleged misdemeanor

  • The officer lacked probable cause for the felony arrest

  • The arrest took place in a private home without consent or exigent circumstances

  • There was no valid exception to the warrant requirement

  • A warrant existed but wasn’t in hand or properly verified

  • The arrest violated your constitutional rights (Fourth Amendment search and seizure protections)

Florida courts take improper arrests seriously, and when we raise these challenges early, we can often suppress key evidence or undermine the foundation of the prosecution’s case.

Why You Need a Private Criminal Defense Attorney After a Warrantless Arrest

If you’ve been arrested without a warrant, you cannot afford to rely on a public defender who may be juggling hundreds of files. You need someone who can devote immediate attention to challenging the legality of the arrest.

I don’t wait for discovery to trickle in—I subpoena the officer’s bodycam, dashcam, police reports, CAD logs, and 911 recordings right away. I compare your arrest to the statute line by line. If the arrest doesn’t hold up, we file motions to suppress and force the state to defend its actions before your case ever reaches trial.

A private attorney has the time, focus, and courtroom experience to fight back. In many cases, getting involved within days of arrest is the key to limiting the damage.

Case Example: Battery Arrest Dismissed Due to Improper Warrantless Entry

One of my clients was arrested in Jacksonville after an ex-boyfriend claimed she pushed him during an argument. He called the police, but by the time officers arrived, my client was inside her home with the door closed.

The officers spoke to the alleged victim outside, then entered the home without a warrant and without consent. They arrested her in her living room.

We challenged the arrest under Payton v. New York, a U.S. Supreme Court case that says warrantless arrests inside a person’s home are presumptively illegal unless there's an emergency. There was no threat, no weapon, and no ongoing violence. The officers had no legal basis to enter without a warrant.

The judge agreed. The arrest was ruled unlawful, the evidence was excluded, and the State Attorney dropped the charges within days.

Additional Florida Statutes That May Apply

While § 901.15 is the main statute, other laws may affect how warrantless arrests are handled, including:

  • § 901.19 – Entering a dwelling to make an arrest
    This limits when police can enter your home without a warrant, even if they have probable cause.

  • § 901.151 – Stop and Frisk Law
    Officers may temporarily detain individuals for investigation but must meet certain legal thresholds.

  • Fourth Amendment (U.S. Constitution)
    Protects against unlawful search and seizure and requires arrests be supported by probable cause.

We use all of these tools when evaluating your case, and we challenge every point where your rights may have been violated.

Florida Warrant Defense FAQs

Can Florida police arrest me without a warrant at my home?
Generally, no. Under both Florida law and the U.S. Constitution, police must have a warrant to arrest you inside your home unless an emergency exists or you give them permission to enter. If police enter without a warrant or a valid reason, the arrest may be ruled unconstitutional, and evidence may be suppressed.

Can I be arrested without a warrant for a misdemeanor?
Only if the officer witnessed the misdemeanor happening. For example, if you’re caught shoplifting or driving under the influence, an officer can arrest you on the spot. But if the allegation comes from someone else and the officer didn’t see it happen, a warrant is usually required.

What is probable cause and why does it matter?
Probable cause is the legal standard that allows police to make an arrest. It means the officer has reasonably trustworthy information to believe a crime has been committed and that you committed it. Without probable cause, even a warrantless arrest that seems routine can be challenged and possibly ruled invalid.

If I was arrested without a warrant, can the case still go forward?
Yes, but your attorney can challenge the arrest and seek to suppress any evidence gathered as a result. If a judge finds the arrest violated the law or your rights, key parts of the case may be thrown out, and prosecutors may dismiss the charges. A proper defense starts with investigating how the arrest happened.

Are warrantless arrests common in Florida?
They are more common than most people think. Police often rely on exceptions to the warrant requirement, especially in cases involving domestic disputes, traffic stops, or public disturbances. But just because an arrest was made quickly doesn’t mean it was lawful.

Do I have to let police into my house without a warrant?
No. You have the right to refuse entry unless they have a valid warrant or an emergency situation exists. If they force entry anyway, your attorney can challenge that in court. Always remain calm and polite, but you do not have to consent to a search or allow entry without proper authority.

What should I do after being arrested without a warrant?
The most important step is to contact a criminal defense attorney immediately. Do not speak to officers or prosecutors without legal representation. Your attorney will review whether the arrest complied with Florida law and begin building your defense as early as possible.

Can I sue if the police arrested me without a warrant?
If the arrest was unlawful and violated your constitutional rights, you may have grounds for a civil lawsuit. However, these cases are complex and typically require a successful outcome in the criminal case first. It’s more important to focus on beating the charges before considering civil options.

Does having a private attorney really make a difference?
Absolutely. A private attorney can devote time to your case that a public defender simply cannot. We review every minute of video, every report, and every statute to look for ways to get your charges reduced or dismissed. If your arrest was improper, we push back hard, and early involvement is critical to preserving your rights.

Call Our Florida Criminal Defense Attorney Right Now.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

With 35 office locations throughout the state, we represent clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.

If you were arrested without a warrant, do not wait. Call us today. The sooner we get involved, the stronger your defense will be.