The officer cannot legally make a warrantless arrest for a misdemeanor unless the crime was committed in his or her presence. When a person is arrested without a warrant in Florida, that person must be brought before a judge within 24 hours of the person's arrest, for First Appearance.Florida law outlines exceptions that allow police officers to arrest someone or to search their property without the need for a judge to issue a warrant first. There is no process. If the facts known to the officer amount to probable cause the officer can make an arrest without a warrant. To make a misdemeanor arrest without a warrant, the officer must make the arrest immediately or in fresh pursuit of the suspect. There are exceptions to the arrest warrant requirement. Law enforcement officials do not always need a warrant to arrest someone. Some instances allow for a warrantless arrest. You could be under arrest even though no one has used the word "arrest.