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

door or window of any building when
necessary for the purpose of liberat-
ing a person who entered the build
ing for the purpose of making an
arrest
Sec. p. Search of Person Arrested
Admission of Property Found in
Evidence. ID When any sheriff, dep
uty sheriff. or other police officer in
this State shall lawfully arrest any
person. it shall be lawful for the Of
ficer making such arrest, or his as
sistant. to search the person of such
person so arrested. and if such
search reveals the violation of any
law. such officer shall hold such per-
son upon a charge of violating the
so revealed. and anything found on
such person or in his or her posses
sion which tends to show the guilt
of such person of the violation of law
shall be admitted in evidence upon
a trial in such violation is charged.
and such violation shall be deemed
and held to be one committed in the
presence of the officer.
(2) When any sheriff. deputy sher-
iff. or other police officer of this
State. shall lawfully arrest any per-
son for the violation of the road or
speed laws. or for reckless driving
while drunk or intoxicated, and shall
find upon making such arrest that
such person has unlawfully in his
possession or control, concealed
weapons. intoxicating liquors, or
stolen or embezzled property. con-
trary to law. it shall be held and
deemed to be violation of the law
committed in the presence of the Of
ficer so making the arrest, and it
shall be the duty of the officer to i'm
mediately take such person before a
magistrate. and upon affidavit,
charge such person with the COM
mission of such offense so COM
mitted in the presence of the officer,
and such person shall thereafter be
delat with as for the commission of
such offense. It shall be lawful for
the officer maxim such arrest, and
thereupon finding such person en-
gagged in the violation of the law, to
Immediately seize all evidence of
such violation and to give to the
person so arrested and so found vio-
lating the law of this State an item
lied inventory and receipt for the
articles seized to be used as such
evidence. and to hold the same to be
used at the trial of such person for
the violation of the law and the ar
ticles so seized shall be deemed to
have been seized from a person in the
act of violating the law in the pres
ence of the officer making the arrest
and shall be admitted in evidence ;
provided. the possession of such ar
ticles shows or tends to show the
person arrested to be guilt" of the
violation of the law.
Sec. %. Arrest After Escape or
Rescue. If a person lawfully arrest
ed escapes or is rescued, the person
from whose custody he escapes or
was rescued or any other officer
may Immediately pursue and retake
him without a warrant at any time
and in any place within the State.
Sec. %. Duty of Officer After Ar
rest Without Warrant. An officer
who has arrested a person without a
warrant. shall without Unnecessary
delay take the person arrested before
the nearest or most accessible mag
istrate in the County in which the
arrest occurs. having jurisdiction.
and shall make before the magistrate
a complaint. which shall set forth the
facts showing the offense for which
the person was arrested: or, If that
magistrate is absent or unable to
act. before the nearest or most ac-
cessible magistrate in the same coun-
ty.
Sec. "a. Right of Attorney to Wis
it Person Arrested. ANY attorney
at law entitled to practice in the
courts of this State shall, at the re-
quest of the person arrested or for
some one acting in his behalf, be
Lpermitted, forthwith upon his re-
quest to visit the person arrested
and to interview him privately.
CHAUTER preliminary Exami-
nation.
Sec. 25. Duty of Magistrate. When
the defendant is brought before the
magistrate upon an arrest. either
with or without a warrant, on a
charge of having committed an Of
Tense which the magistrate is not
empowered to try and determine, the
magistrate shall Immediately inform
him
(a) Of the charge against him,
(b) OF his right to the aid of coun-
sci during the preliminary examina-
ton. and
(c) Of his right to waive such ex-
animation.
Id Of his right to refuse to testify.
and also cautioned that in the event
he does testify. anything which he
says may be used against him in a
subsequent proceeding.
ID The defendant NAV waive a pre-
liminary examination. If he does
waive. the magistrate shall hold him
to answer and shall either admit
him to bail or commit him to Gus
todv.
(2) Notwithstanding a waiver of
examination by the defendant how
ever. the magistrate. on the demand
of the prosecuting attorney shall ex-
anime the witnesses for the State end
have their testimony reduced to
writing or taken in shorthand by a
stenographer After hearing the tes-
tlmony. If 1t appears that there is
not probable cause to believe the
defendant guilty. of any offense, the
magistrate shall order that he be
discharged
Sec. 81. Sending for Counsel. The
magistrate shall allow the defendant
a reasonable time to send for coun-
sci and shall. if necessary, postpone
the examination for that purpose.
He shall also, upon request of the
defendant. require an officer to .om-
municate message to such counsel
in the county as the defendant may
name. The officer shall with dill
gence and without cost perform that
duty.
Sec. %. Magistrate to Proceed with
Examination Unless Waived. ID If
the defendant does not request the
aid of counsel the magistrate shall
Immediately proceed to examine the
case unless the defendant valves ex-
animation.
CD If the defendant requests the
aid of counsel magistrate shall.
Immediately after the appearance of
counsel or. after waiting a reasonable
time therefor. if none appears, pro-
coed to examine the case unless the
defendant valves examination.
Sec. 2. Postponement of Exami-
nation. The magistrate may for good
cause postpone the examination. IF
no postponement is had. the exam
ination shall be completed at one
session. No postponement shall be
tor more than two DAYS, nor shall
the postponements in all exceed six
DAYS. except for good cause.
Sec. 80. Bail After Postponement.