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The Florida Senate

2010 Florida Statutes

F.S. 901.21
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.