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FL2: "Felony pick-up order" not issued by judge does not permit entry into home under Payton

By John Wesley Hall, Jr.

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. Bennett v. State, 2010 Fla. App. LEXIS 16740 (Fla. App. 2d DCA November 5, 2010): 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: 901.19 Right of officer to break into building. (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...continue to full post

Full post as published by Fourth Amendment on November 08, 2010 (boomark / email).