What is an Arrest for Purposes of Speedy Trial

Taking a step back in time here because I thought I had this issue and I found it interesting.

Brown v. State, 515 So.2d 211 [12 Fla. L. Weekly 577] (Fla. 1987): Defense Appeal, Affirmed – The elements of a technical arrest (triggering Rule 3.191) are:

(1) [a] purpose or intention to effect an arrest under a real or pretended authority;

(2) [a]n actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested;

(3) [a] communication by the arresting officer to the person whose arrest is sought, of an intention or purpose then and there to effect an arrest; and

(4) [a]n understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him.

Rule 3.191(d) requires an arrest (see all of the above) or service of a notice to appear.  The above cited case is very insightful on the issue of whether or not your client has been arrested – and it is a good starting off point (citations) if you are contemplating a motion on this issue.  FYI – The Florida Law Weekly citation is not working for me.



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