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The Florida Senate

2006 Florida Statutes

Section 901.21, Florida Statutes 2006

901.21  Search of person arrested.--

(1)  When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of:

(a)  Protecting the officer from attack;

(b)  Preventing the person from escaping; or

(c)  Discovering the fruits of a crime.

(2)  A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of:

(a)  Protecting the officer from attack;

(b)  Preventing the escape of the arrested person; or

(c)  Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime.

History.--s. 21, ch. 19554, 1939; CGL 1940 Supp. 8663(21); s. 10, ch. 70-339.