Fort Lauderdale Arrest Prohibited By Statute Attorneys
Police officers have a lot of authority when they are on duty and dealing with the public. However, that power is also limited. An officer must have reasonable suspicion, for example, to pull a driver over for a suspected DUI. Officers must also have probable cause to make an arrest. Generally speaking, officers must also have a warrant to arrest someone, but there are exceptions to this. If you have been arrested and the officer did not have a warrant, our Fort Lauderdale arrest prohibited by statute attorney can determine if the arrest was illegal.
What is an Arrest Prohibited By Statute?
An arrest prohibited by statute is usually one that did not involve the officer obtaining a warrant before making the arrest. This is sometimes necessary because the police may lose control over the defendant in certain circumstances, preventing them from making the arrest. For example, if a police officer has reasonable cause to believe a driver is impaired, they can arrest them without first obtaining a warrant.
When determining if an arrest was prohibited by statute, it is important to consider the exceptions that apply. Police officers generally do not have to obtain a warrant to arrest for a misdemeanor offense when:
- The officer was present and saw all elements of the offense committed,
- The misdemeanor is listed within the statutory exceptions and the officer had probable cause to make the arrest, or
- The officer has a reasonable belief the individual has violated community control or probation in any manner
The Florida Legislature regularly reviews the misdemeanors considered statutory exceptions and adds to the offenses that qualify for a warrantless arrest. A Fort Lauderdale arrest prohibited by statute attorney can determine when an arrest was unlawful. For example, a police officer may receive an anonymous tip about a drunk driver, and find them a few minutes later outside of their vehicle in a parking lot. Due to the fact that the officer did not witness the suspect driving, if they arrested the driver, it is an arrest prohibited by statute.
What Happens After an Arrest Prohibited By Statute?
If you believe you were wrongfully arrested, it is critical that you speak to an arrest prohibited by statute attorney right away. When a police officer makes a warrantless arrest that did not fall into one of the exceptions, it is illegal. As a result, an attorney will file a motion to suppress with the court and any evidence obtained as a result of the arrest is inadmissible in court. If the judge grants the motion, the prosecution may even be forced to drop the charges because of insufficient evidence.
Our Fort Lauderdale Arrest Prohibited By Statute Attorney Can Provide the Defense You Need
If you believe you have been illegally arrested, our Fort Lauderdale arrest prohibited by statute attorney at Meldon Law can help you prove wrongful arrest and potentially get your charges dropped. Call us today at 800-373-8000 or contact us online to schedule a free consultation.