Legal Question in Criminal Law in Florida
misuse of 911
six non emergency calls made to 911 each time a police officer responded. They never observed me on the phone however i did admit to being the one who called and did identify myself to the dispatcher. Arrested under florida law for misuse 911. It is a misd. crime and not an misd exception. since the misdemeanor was not committed in their presence do they have the legal right to arrest me without a warrant?
1 Answer from Attorneys
Re: misuse of 911
That depends on what you mean by arrest. An officer can not take you into custody for allegedly committing a misdemeanor if it was not committed in his or her presence, subject to certain exceptions outlined in statutes. However, an officer can also issue a Promise/Notice to appear. You should contact an attorney to discuss this more throughly as your facts suggest an issue with "presence."
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