The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
CHAPTER. 1854

tiOns and Bail: to Methods of Prose
cutiOu: to the Selection and Duties
Of the Grand Jury; to Indictments
end Informations and Process There
on: TO Arrangement, Motions ana
Pleas: to Jurisdiction and Venue; 10
Change of Judges and Removal OF
Causes: TO Trial by Jury and WalV-
or Of Trial: TO Presence of the De-
PENDANT: to Dismissal of Prosecu-
ton. and Continuance; to Proceed
ings to Determine Mental Condition
Of Defendant: to Conduct OF trial
and jury: TO Motions for a New
Trial and in Arrest of Judgment; to
Judgment. Sentence and Execution
20 Provide for the Use of Evidence
at q Former Trial; to Appeal; to
Revise. Re-Enact and Consolidate the
Law Relating to Criminal Procedure
10 Powers and Duties of Administra-
tive. Judicial and Prosecuting OIL
GERS; to Capital Punishment; to Re-
peal Certain Laws and All Other
Laws and Part of Laws in Con-
nict Herewith and Prescribing a
Penalty for any Officer or Other
Person Violating the Provisions Of
This Act.
BE It Enacted by the Legislature of
the State Of Florida:
CHAPTER ARREST
Sec. l. Judicial Officers to Be Com
hitting Magistrates. All Judicial Of
ncers of this State shall be conser-
yators of the peace and committing
magistrates. and may issue warrants
against persons charged on oath
with violating the criminal laws of
the State. and may commit offend
ers 10 Jail or recognize them TO ap-
pear before the proper court at the
next ensuing term thereof to answer
the charge. or may discharge them
from custody. according to the cir
cumstances of the case and may re-
Quire sureties of the peace when the
same has been violated or threaten
ed When a complaint is made to
"A Magistrate that an offense has
been committed within his jurisdic-
ton. he shall examine on oath the
complaint and any witnesses he may
produce.
Sec. 2. When Warrant of Arrest
10 Be Issued. A warrant may be
issued. for the arrest of the person
complained against if the magistrate,
from the examination of the COM
plainant and the other witnesses, If
any. has reasonable ground to believe
that any offsense was committed
within his jurisdiction and that the
person against whom the complaint
was made committed it. Provided,
however. that a warrant may be is
sued by said Magistrate for the ar
rest of the person complained ag-
ainst. upon presentation to him of
afiidavits sworn to by the complain
ing witness or witnesses before the
prosecuting attorney. provided such
prosecuting attorney is authorized to
administer Oaths as a notary public
or otherwise.
Sec. 3. Form and Contents of
Warrant. The warrant of arrest,
shall
(a) be in writing and in the name
Of the State of Florida;
OBJ set forth substantially the ma
ture of the offiense;
tcb command that the person ag-
ainst whom the complaint was made
be arrested and brought before the
magistrate issuing the warrant or,
If he be absent or unable to act, be-
fore the nearest or most accessible
magistrate in the same county;
Cd specify the name of the per-
son to be arrested or, if his name
is unknown to the magistrate, shall
designate such person by any name
or description by which he can be
identified with reasonable certainty
te) state the date when issued and
the county and justice district where
issued:
% be signed by the magistrate
with the title of his office and
tg) in all offenses bailable as of
right indorse the amount of bail and
the return day on back of warrant.
Sec. 4. Direction and Execution
Of Warrant The warrant shall be
directed TO all and singular the sher-
ifs and constables of the State of
Florida. 1t shall be executed only
by a sheriff or constable of the coun-
" in which the arrest is made, I'M
less arrest is made in hot pursuit. in
which event il may be executed by
any sheriff or constable who is adj
Hised of the existence of said war
rant. An arrest may be made on any
day and at any time of the day or
night.
Sec. 5. Procedure When Warrant
Defective. ID No warrant of arrest
shall be quashed or abated nor shall
any person in custody for an offense
be discharged from such custody be-
cause of any informaility in the war
rant. but the warrant may be am
ended. so as to remedy any such in
formality
90 If during the preliminary eX-
animation of any person who has
been arrested for the commission of
an offense il appears to the magis-
trate conducting the examination that
the warrant of arrest does not prop
erlY name or describe the person ar
rested or does not properly set forth
the nature of the offense for which
he was arrested or that although
not guilty of the offense specified in
the warrant he is guilty of some
other offense. the magistrate shall
not discharge such person but shall
forthwith issue new warrant for
his arrest upon proper affidavit being
made
Sec. 6. DUTY of officer After Ar
resting With Warrant. When the ar
rest by virtue of a warrant occurs in
the county where the alleged offense
was committed and where the war
rant was issued. the officer making
the arrest shall without unnecessary
delay take the person arrested before
the magistrate who issued the war
rant COR if that magistrate is absent
or unable TO act. before the nearest
or most accessible magistrate in the
same county,.
Sec. Z. Admission to Bail When
Arrest Occurs in Another County.
90 When the arrest by virtue of a
warrant occurs in a county other
than that in which the alleged Of
Tense was committed and the war
rant issued. if the person arrested
IS bailable as of right in respect OF
the Offense set forth in the war
rant. the officer making the arrest
shall. upon being so requested by the
person arrested. take him before a
magistrate or other official of such
county having authority to admit to
bail for such offense. who shall ad-
NIT him TO bail for his appearance
before the magistrate who issued the
warrant
90 II the person arrested is not
bailable as of right in respect of the
onense set forth in the warrant, or
II. on the admission to bail of the
person arrested. bail is not forthwith
given. the officer who made the ar
rest or the officer having the war
rant. shall take the person arrested
before the magistrate who issued the
warrant