99-26-B IN RE: CRIMINAL – PROCEDURE FOR PROCESSING PROBATION/COMMUNITY CONTROL VIOLATORS ARRESTED WITHOUT A WARRANT - ORDERED 9/08/1999 BY J. PRESTON SILVERNAIL
EXCERPT: “Whereas 948.06(1), Fla. Stat. (1997) holds that whenever there are reasonable grounds to believe that a probationer or offender in community control for a felony has violated his or her probation or community control in a material respect, any law enforcement officer or parole or probation supervisor aware of the probationary or community control status may arrest the probationer or offender without a warrant; Whereas 948.06(1), Fla. Stat. (1997) directs such officer to forthwith return the offender to the court granting such probation or community control; and Whereas, the offenders are being transported to the Brevard County Jail, and jail personnel are unclear what procedure to employ with the offenders because there is no arrest warrant and consequently the offenders are being released from jail before appearing before the court. It is necessary to hold the offenders in jail until they are brought before the court for first appearance. Therefore, it is Ordered that: (Open AO for more information.)”