Go Directly to Jail: George Zimmerman & Florida’s Special Domestic Violence Arrest Law

On Friday the infamous George Zimmerman was arrested after allegedly throwing a bottle of wine at his girlfriend. Did he need to be arrested? Approximately 21 states and the District of Columbia have mandatory arrest policies in cases where there is probable cause or reasonable suspicion of certain types of domestic violence. In any of these jurisdictions, the responding officers likely would have needed to arrest Zimmerman. Florida, however, does not have a mandatory arrest policy, but it does have a special arrest policy in domestic violence cases. Section 901.15(7) of the Florida Statutes provides that

A law enforcement officer may arrest a person without a warrant when…[t]here is probable cause to believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that otherwise might result by reason of his or her action.

In other words, in cases in which there is probable cause of domestic or dating violence, police officers  (even without an arrest warrant) may arrest a suspect regardless of whether the victim consents to the arrest and regardless of the relationship between the parties (e.g., dating vs. married). Furthermore, a police officer arresting a suspect in good faith in such a case is immunized from a civil lawsuit for wrongful arrest or some related tort. I find it interesting that Section 901.15(7) discourages the arrest of both of the parties to the domestic/dating violence. I assume that this discouragement is in place so that a victim is not deterred from contacting police based upon fear that she herself might be arrested.

-CM