Claris Law Legal Blogging Community

Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Legal Updates

A police officer must inform the suspect of the reason for his arrest. If an officer fails to inform a defendant as to why he is being arrested it could make the arrest illegal. While the failure to inform the suspect does not make the arrest per se illegal it is a factor that can be used by the jury when determining whether the defendant's actions were reasonable under the circumstances. When evidence is introduced at trial that the defendant only asked the officer why he was being arrested when the officers struck him and handcuffed him, the defendant is entitled to an instruction on the provisions of Florida Statute 901.17. Albury v. State, 30 F.L.W. D2242 (2d DCA 9/21/2005). The Second District ultimately felt the jury was entitled under statute 901.17 to determine whether the defendant asking the officers the reason for his arrest was a legitimate lawful action or resisting arrest under the circumstances.