(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.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 901 - Arrests and Temporary Detentions
901.01 - Judicial Officers Have Committing Authority.
901.02 - Issuance of Arrest Warrants.
901.04 - Direction and Execution of Warrant.
901.07 - Admission to Bail When Arrest Occurs in Another County.
901.08 - Issue of Warrant When Offense Triable in Another County.
901.09 - When Summons Shall Be Issued.
901.11 - Effect of Not Answering Summons.
901.12 - Summons Against Corporation.
901.14 - Effect of Failure by Corporation to Answer Summons.
901.15 - When Arrest by Officer Without Warrant Is Lawful.
901.1503 - When Notice to Appear by Officer Without Warrant Is Lawful.
901.1505 - Federal Law Enforcement Officers; Powers.
901.16 - Method of Arrest by Officer by a Warrant.
901.17 - Method of Arrest by Officer Without Warrant.
901.18 - Officer May Summon Assistance.
901.19 - Right of Officer to Break Into Building.
901.20 - Use of Force to Effect Release of Person Making Arrest Detained in Building.
901.21 - Search of Person Arrested.
901.211 - Strip Searches of Persons Arrested; Body Cavity Search.
901.215 - Search of Person Arrested for Identifying Device Indicating a Medical Disability.
901.22 - Arrest After Escape or Rescue.
901.24 - Right of Person Arrested to Consult Attorney.
901.245 - Interpreter Services for Deaf Persons.
901.25 - Fresh Pursuit; Arrest Outside Jurisdiction.
901.26 - Arrest and Detention of Foreign Nationals.
901.29 - Authorization to Take Person to Medical Facility.
901.31 - Failure to Obey Written Promise to Appear.
901.35 - Financial Responsibility for Medical Expenses.