Florida Misdemeanor Exceptions for Warrantless Arrests
As a general matter, law enforcement authorities need an arrest warrant before arresting someone on a misdemeanor charge. Breaking this rule makes the arrest illegal and could result in the exclusion of any evidence found at the time of the arrest.
However, Florida law identifies specific misdemeanor exceptions that allow officers to make a warrantless arrest, covering only certain offenses defined by statute rather than all misdemeanors.
Our Orlando misdemeanor defense lawyer can help you determine if your warrantless arrest occurred as a result of a Florida misdemeanor exception or if the officers who arrested you violated the law. Contact our office today to discuss your case.
When Do Florida Misdemeanor Exceptions Apply?
Florida Statutes Section 901.15 lays out the Florida misdemeanor exceptions that allow authorities to make a warrantless arrest. The exceptions included in the statute allow officers to make an arrest without a warrant for a misdemeanor in the following scenarios:
When all the elements of the misdemeanor are committed in the officer’s presence;
When the officer has probable cause to believe that the person committed a specific misdemeanor listed in Florida law, including domestic violence, battery, child abuse, exposure of sexual organs, sexual cyberharassment, trespassing at schools or airports, graffiti offenses, possession of a firearm by a minor, assault on certain protected persons, street racing, or certain violations of protection orders; or
In the case of probation or community control violations, separate rules may apply, and a warrant may still be required.
In any of these scenarios, officers can make a legal warrantless arrest. If these scenarios don’t exist, officers need a valid arrest warrant.
Florida Misdemeanor Exception List
The Florida Legislature has updated Section 901.15 multiple times, adding more misdemeanors to the list of statutory exceptions to the warrant requirement. For example, in 2020, the legislature added, “exposure of a sexual organ” to the list.
As of 2025, the misdemeanor crimes included in Florida’s statutory exceptions now cover:
Assault on a law enforcement officer, firefighter, emergency care provider, public transit employees, or certain other protected persons
Battery
Child abuse
Carrying a concealed weapon
Criminal mischief or graffiti-related offenses
Disorderly conduct on the premises of a licensed establishment
Any act of domestic violence
Possession of less than 20 grams of cannabis
Sexual cyberharassment (s. 784.049, also known as “revenge porn”)
Stalking
Trespassing at an airport or secure airport areas
Trespassing on school grounds or facilities, including school buses
Exposure of sexual organs
Possession of a firearm by a minor
Certain violations of protection orders or injunctions
For misdemeanor violations not included on the statutory exceptions list, officers cannot make a warrantless arrest unless they observe every element of the offense being committed, or in the case of certain traffic violations, if the violation is relayed from another officer with proper identification.
Remember, these rules only apply to Florida misdemeanors. Warrantless arrests for felony charges follow a separate set of statutory rules, and certain exceptions apply to violations of injunctions, protection orders, or pretrial release conditions.
Are You Facing Misdemeanor Charges Stemming From a Warrantless Arrest?
Our criminal defense lawyer at Orlando Defense has the experience necessary to help guide you through Florida’s misdemeanor exceptions for warrantless arrests. If your arrest was improper, we could argue to have your case dismissed or have your charges reduced. Call our office today to set up your free consultation.