Probable cause before arrest
Michael Leroy Waite v. Florida
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Michael Waite challenged whether Florida’s process for issuing an arrest order met the Fourth Amendment’s requirement that a neutral official independently decide there was enough evidence to arrest him.
- Who it affects
- Waite did not get Supreme Court review, and the Court did not decide whether Florida’s process met the Fourth Amendment.
Summary: written with AI from the case record.

What it's about
The Supreme Court refused to hear his case (denied his petition for review), so it did not decide that question.
A capias is an arrest order; Waite’s challenge concerned whether a neutral official independently approved it based on enough evidence for an arrest.
Question presented
Whether the capias procedure used to order Waite from the curtilage of his home and arrest him satisfied the Fourth Amendment’s requirement for a neutral and detached official to independently determine probable cause?
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.