{"id":4867,"date":"2011-01-08T15:28:18","date_gmt":"2010-11-08T04:07:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-08T05:11:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4867","title":{"rendered":"FL2: “Felony pick-up order” not issued by judge does not permit entry into home under Payton<\/em>"},"content":{"rendered":"

A Florida “felony pick-up order” issued by a police supervisor and not a judicial officer authorizes a warrantless arrest on probable cause, but it cannot permit an entry into a dwelling under Payton<\/a>. Bennett v. State<\/a>, 46 So. 3d 1181 (Fla. 2d DCA 2010):<\/p>\n

In his motion to suppress and on appeal, Bennett argues that a pick-up order is not a warrant and did not authorize the officer’s entry into the premises. The State convinced the trial court that the officer’s warrantless entry was justified by section 901.19(1), Florida Statutes (2007), which provides in pertinent part as follows:<\/p>\n

901.19 Right of officer to break into building.<\/p>\n

(1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.\n<\/p><\/blockquote>\n

We agree that the pick-up order authorized a warrantless arrest. See \u00a7 901.15(2) (authorizing officer to make warrantless arrest when “[a] felony has been committed and [the officer] reasonably believes that the person committed it”). But we cannot agree that the statute was a proper basis for the officer’s entry into the dwelling.<\/p>\n

The United States Supreme Court has clearly held that “the Fourth Amendment to the United States Constitution, made applicable to the States by the Fourteenth Amendment, prohibits the police from making a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest.” Payton v. New York<\/a>, 445 U.S. 573, 576 (1980) (citations omitted). In reaching this result, the Supreme Court had before it New York statutes, similar to the Florida statute cited by the State and described above, which (1) allowed a warrantless arrest when a felony was committed and the officer had reasonable cause to believe it was committed by the person to be arrested, and (2) allowed an officer, announcing his office and purpose, to break into a building after being refused admittance. Id. at 578 n.6. In fact, the Supreme Court cited Florida’s statute, section 901.19, in its discussion of similar statutes enacted by some twenty-four states, id. at 598 n.46; and the Court later noted that Florida was one of only two states whose courts had found warrantless entries under such circumstances to be constitutional, id. at 600.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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