Senate Bill sb1434

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    Florida Senate - 2002                                  SB 1434

    By Senator Crist





    13-1166-02

  1                      A bill to be entitled

  2         An act relating to the apprehension and

  3         detention of suspected offenders; amending s.

  4         901.151, F.S.; authorizing a law enforcement

  5         officer to search a person who has been

  6         detained upon reasonable suspicion that the

  7         person is armed with a dangerous weapon rather

  8         than upon probable cause to believe that the

  9         person is armed with a dangerous weapon;

10         amending s. 901.25, F.S.; clarifying that the

11         term "fresh pursuit," for purposes of

12         authorizing a law enforcement officer to arrest

13         a person outside the officer's jurisdiction,

14         includes the pursuit of a person who has

15         committed a traffic infraction; providing an

16         effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 901.151, Florida Statutes, is

21  amended to read:

22         901.151  Stop and Frisk Law.--

23         (1)  This section may be known and cited as the

24  "Florida Stop and Frisk Law."

25         (2)  Whenever any law enforcement officer of this state

26  encounters any person under circumstances which reasonably

27  indicate that such person has committed, is committing, or is

28  about to commit a violation of the criminal laws of this state

29  or the criminal ordinances of any municipality or county, the

30  officer may temporarily detain such person for the purpose of

31  ascertaining the identity of the person temporarily detained

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    Florida Senate - 2002                                  SB 1434
    13-1166-02




  1  and the circumstances surrounding the person's presence abroad

  2  which led the officer to believe that the person had

  3  committed, was committing, or was about to commit a criminal

  4  offense.

  5         (3)  No person shall be temporarily detained under the

  6  provisions of subsection (2) longer than is reasonably

  7  necessary to effect the purposes of that subsection. Such

  8  temporary detention shall not extend beyond the place where it

  9  was first effected or the immediate vicinity thereof.

10         (4)  If at any time after the onset of the temporary

11  detention authorized by subsection (2), probable cause for

12  arrest of person shall appear, the person shall be arrested.

13  If, after an inquiry into the circumstances which prompted the

14  temporary detention, no probable cause for the arrest of the

15  person shall appear, the person shall be released.

16         (5)  Whenever any law enforcement officer authorized to

17  detain temporarily any person under the provisions of

18  subsection (2) has reasonable suspicion probable cause to

19  believe that any person whom the officer has temporarily

20  detained, or is about to detain temporarily, is armed with a

21  dangerous weapon and therefore offers a threat to the safety

22  of the officer or any other person, the officer may search

23  such person so temporarily detained only to the extent

24  necessary to disclose, and for the purpose of disclosing, the

25  presence of such weapon. If such a search discloses such a

26  weapon or any evidence of a criminal offense it may be seized.

27         (6)  No evidence seized by a law enforcement officer in

28  any search under this section shall be admissible against any

29  person in any court of this state or political subdivision

30  thereof unless the search which disclosed its existence was

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    Florida Senate - 2002                                  SB 1434
    13-1166-02




  1  authorized by and conducted in compliance with the provisions

  2  of subsections (2)-(5).

  3         Section 2.  Subsection (1) of section 901.25, Florida

  4  Statutes, is amended to read:

  5         901.25  Fresh pursuit; arrest outside jurisdiction.--

  6         (1)  The term "fresh pursuit" as used in this act shall

  7  include fresh pursuit as defined by the common law and also

  8  the pursuit of a person who has committed a felony, or who is

  9  reasonably suspected of having committed a felony, or who has

10  committed a traffic infraction.  It shall also include the

11  pursuit of a person suspected of having committed a supposed

12  felony, though no felony has actually been committed, if there

13  is reasonable ground for believing that a felony has been

14  committed.  It shall also include the pursuit of a person who

15  has violated a county or municipal ordinance or chapter 316 or

16  has committed a misdemeanor.

17         Section 3.  This act shall take effect July 1, 2002.

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20                          SENATE SUMMARY

21    Provides that a law enforcement officer may search a
      person who has been detained if the officer has a
22    reasonable suspicion that the person is armed with a
      dangerous weapon rather than if the officer has probable
23    cause to believe that the person is armed with a
      dangerous weapon. Specifies that the term "fresh pursuit"
24    includes the pursuit of a person outside the officer's
      jurisdiction if the person has committed a traffic
25    infraction.

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