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Thread: What are the Misdemeanor exceptions in the State of Florida???

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    What are the Misdemeanor exceptions in the State of Florida???

    I know a few of the misdemeanor exception for florida can someone please list them out?? i beleive there is 14 of them. Burglary, Domestic violence, Criminal Mischief, Lottering and Prowling, Lewd and lascivious etc.......

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    Are you asking about a warrantless arrest? Battery,Battery (Domestic),retail theft, Certain Traffic offenses,concealed weapon,disorderly conduct,trespassing,possession of cannabis under 20 grms,criminal mischeif, stalking, contributing to a minor..I think there are a couple more.
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    Burglary is a misdemeanor in Florida?

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    Dude, if you are an officer you should know them!

    He's asking about the misdemeanor presence exceptions where a LEO can arrest for a misd committed outside their presence.
    pwrehder likes this.

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    Let the rookie do it....

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    There are 18 misdemeanor exceptions. Are you in the academy? or did you get hooked?

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    Arrest for a Misdemeanor Which Is Not Committed in the Officer's Presence
    Instances where a police officer may make a warrant less arrest for a misdemeanor which has not been committed in his or her presence are as follows:

    (1) F.S. §784.03 (Battery).
    (2) F.S. §812.015 (Retail or farm theft).
    (3) F.S. §316.645 (Traffic crash arrest).
    (4) F.S. §790.02 (Carrying concealed weapon).
    (5) F.S. §509.143 (Disorderly conduct on the premises of an establishment).
    (6) F.S. §509162 (Theft of personal property).
    (7) F.S. §810.097 (Trespassing upon school grounds).
    (8) F.S. §741.30, 741.31, 901.15 (Act of domestic violence).
    (9) F.S. §784.048 (Stalking).
    (10) F.S. §893.13(6)(b) (Possession of less than 20 grams of cannabis).
    (11) F.S. §784.046 and §901.15(8) (Violation of injunction against repeat violence).
    (12) F.S. §741.30 and §905.15(6) (Violation of an injunction against domestic violence).
    (13) F.S. §806.13 (Criminal mischief or graffiti-related offense).
    (14) F.S. §790.233 (Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence; penalties).
    (15) F.S. §812.015(4) (Transit fare evasion).
    (16) F.S. §812.015(3), (4) (Tresspass in a structure or conveyance).
    (17) F.S. §827.04(2), (3) (Contributing to the delinquency or dependency of a minor).

    I believe that is most of them. I think L&P (Loiterng and prowling) is also. I don't see where you got burglary from since it is a felony.

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    All the exceptions, along with crime elements and what not, are listed in the Florida Legal Guidelines, which should be that first section of your statute book that is a different color (don't have mine sitting at the desk, but I think it is either pink or yellow)
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    Quote Originally Posted by JFischetti View Post
    Arrest for a Misdemeanor Which Is Not Committed in the Officer's Presence
    Instances where a police officer may make a warrant less arrest for a misdemeanor which has not been committed in his or her presence are as follows:


    (10) F.S. §893.13(6)(b) (Possession of less than 20 grams of cannabis).

    How could this one not be in the officers presence?

    You just take the word of someone that at one time he had the weed?
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    It's "UP TO 20 GRAMS" not "under 20". There is a difference...

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    Not from FL but in WA Driving under the influence and Boating under the influence are also misdemeanor exceptions as well.

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    I never really understood the "after traffic crash investigation". It reads "any violation of chap 316 after traff crash invstgtn? Any violation? "Improper left turn causing a crash". I can arrest you for that?

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    Wow in AL I think all we can do is D.V. Anything else (ie shoplifting Simple Assault) we have to have a victim go to the magistrate and sign the complaint. Most times we'll have them meet us there if the suspect is still on scene and we can get custody of them.
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    What you need to do is ..

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    Quote Originally Posted by Equallaw View Post
    I never really understood the "after traffic crash investigation". It reads "any violation of chap 316 after traff crash invstgtn? Any violation? "Improper left turn causing a crash". I can arrest you for that?
    No. Only arrestable violations. For example DUI crash.
    DUI is a misdemeanor and even if you did not witness the defendant operate a motor vehicle, based on certain factors (placing defendant behind the wheel) you can still make an arrest, hence the misdemeanor exception.

    This can also apply to revoked/suspended driver or any other arrestable violation as specified in traffic control, lic and reg statutes.

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