Card Set Information

2013-01-24 11:00:15

FLORIDA STATUES 932.701 / 932.703 / 933.02 / 933.05 / 985.101 / 985.115 / 985.13
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  1. FS 932.701 - DEFINITIONS
  2. FS 932.701

    “____________” means the holder of a lien perfected pursuant to applicable law.
    Bona fide lienholder
  3. “Promptly proceed” means to file the complaint within _____days after seizure.
  4. “_____________” is a petition for forfeiture filed in the civil division of the circuit court by the seizing agency requesting the court to issue a judgment of forfeiture.
  5. “_______________” means any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry.
    Person entitled to notice
  6. “__________________” means a hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Florida Contraband Forfeiture Act.
    Adversarial preliminary hearing
  7. “________________” means a hearing or trial in which the court or jury determines whether the subject property shall be forfeited.
    Forfeiture proceeding
  8. “___________” means any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and titleholders.
  9. FS 932.703

    Seizing agencies shall make a diligent effort to notify the person entitled to notice of the seizure. Notice provided by certified mail must be mailed within ___working days after the seizure and must state that a person entitled to notice may request an adversarial preliminary hearing within ____ days after receiving such notice.
    • 5
    • 15
  10. When a postseizure, adversarial preliminary hearing as provided in this section is desired, a request must be made in writing by certified mail, return receipt requested, to the seizing agency. The seizing agency shall set and notice the hearing, which must be held within ____days after the request is received or as soon as practicable thereafter.
  11. 933.02

    Grounds for issuance of search warrant.—Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:
  12. (1) When the property shall have been stolen or embezzled in violation of law;
    • (2) When any property shall have been used:
    • (a) As a means to commit any crime;
    • (b) In connection with gambling, gambling implements and appliances; or
    • (c) In violation of s. 847.011 or other laws in reference to obscene prints and literature;
    • (3) When any property constitutes evidence relevant to proving that a felony has been committed;
    • (4) When any property is being held or possessed:
    • (a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors;
    • (b) In violation of the fish and game laws;
    • (c) In violation of the laws relative to food and drug; or
    • (d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or
    • (5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.
  13. Issuance in blank prohibited.—A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank, and any such warrant shall be returned within ____days after issuance thereof.
  14. FS 985.101
    Taking a child into custody.—
    (1) A child may be taken into custody under the following circumstances:
    • (a) Pursuant to an order of the circuit court
    • (b) For a delinquent act or violation of law,
    • (c) By a law enforcement officer for failing to appear at a court hearing after being properly noticed.
    • (d) By a law enforcement officer who has probable cause to believe that the child is in violation of the conditions of the child’s probation, home detention, postcommitment probation, or conditional release supervision
  15. If such delinquent act or violation of law would be a _______ if committed by an adult or involves a crime of violence, the arresting authority shall ___________ notify the district school superintendent, or the superintendent’s designee, of the school district with educational jurisdiction of the child
    • FELONY
  16. The information obtained by the superintendent of schools must be released within ____hours after receipt to appropriate school personnel, including the principal of the child’s school, or as otherwise provided by law.
  17. The principal must immediately notify the child’s _____________. Information provided by an arresting authority under this paragraph may not be placed in the student’s permanent record and shall be removed from all school records no later than __ months after the date of the arrest.
    • immediate classroom teachers
    • 9
  18. (2) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless ___________________________________
    the adult is alleged or believed to be involved in the same offense or transaction as the child.
  19. (3) When a child is taken into custody, the person taking the child into custody shall attempt to notify the _____________________ of the child.
    parent, guardian, or legal custodian
  20. The person taking the child into custody shall continue such attempt until the parent, guardian, or legal custodian of the child is notified or the child is delivered to
    a juvenile probation officer, whichever occurs first
  21. If the child is delivered to a __________________ before the parent, guardian, or legal custodian notificiation attempts shall continue until notification is made.
    juvenile probation officer
  22. Following notification, the parent or guardian must provide identifying information, including _________________________
    ___________________ of the parent or guardian to the person taking the child into custody or the juvenile probation officer
    • name,
    • address,
    • date of birth,
    • social security number,
    • driver’s license number or
    • identification card number
  23. 985.115

    (1) A child taken into custody shall be released from custody as soon as __________________ .
    reasonably possible
  24. Unless otherwise ordered by the court and unless there is a need to hold the child, a person taking a child into custody shall attempt to release the child as follows:
    To the child’s parent, guardian, or legal custodian and if unavailable, unwilling, or unable to provide supervision for the child, to any responsible adult.
  25. Prior to releasing the child to a responsible adult, other than the parent, guardian, or legal custodian, the person taking the child into custody may conduct ___________________of the person to whom the child is to be released
    a criminal history background check
  26. If the person has a prior ________________________, that person is not a responsible adult for the purposes of this section.
    • felony conviction,
    • conviction for child abuse,
    • drug trafficking, or
    • prostitution
  27. The person to whom the child is released shall agree to inform the department or the person releasing the child of the child’s subsequent _______________and to produce the child in court at such time as the court may direct, and the child shall join in the agreement.
    change of address
  28. Contingent upon specific appropriation, to a ____________approved by the department or to an authorized agent
  29. If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the law enforcement officer who shall __________ _________________for necessary evaluation and treatment
    deliever the child to a hospital
  30. If the child is believed to be mentally ill as defined in s. 394.463(1), to a law enforcement officer who shall take the child to a _______________________for examination.
    designated public receiving facility
  31. If the child appears to be intoxicated and has threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by substance abuse, to a law enforcement officer who shall deliver the child to a hospital, addictions receiving facility, or treatment resource.
    • hospital,
    • addictions receiving facility, or
    • treatment resource.
  32. If available, to a _______________ equipped and staffed to assume custody of the child for the purpose of assessing the needs of the child in custody.
    juvenile assessment center
  33. a law enforcement officer may deliver the child, for temporary custody not to exceed ____hours, to a secure booking area of a jail or other facility intended or used for the detention of adults. 
    6 hours
  34.  Tempororay custody at booking area of jail or other facility is for the purpose of __________________________________ , provided no regular sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child’s activities at all times.
    • fingerprinting or
    • photographing the child or
    • awaiting appropriate transport to the department
  35. 985.13

    If the child is released, the person taking the child into custody shall make a written report or probable cause affidavit to the appropriate juvenile probation officer within ___hours after such release, stating the facts and the reason for taking the child into custody
  36. Such written report or probable cause affidavit shall identify________________
    _______________________________and should contain sufficient information to establish the jurisdiction of the court and to make a prima facie showing that the child has committed a violation of law or a delinquent act.
    • the child,
    • the parents, guardian, or legal custodian,

    and the person to whom the child was released.

    prima facie
  37. A copy of the probable cause affidavit or written report made by the person taking the child into custody shall be filed, by the law enforcement agency which employs the person making such affidavit or written report, with the clerk of the circuit court for the county in which the child is taken into custody or in which the affidavit or report is made within ____hours after the affidavit or report is made, excluding Saturdays, Sundays, and legal holidays. Such affidavit or report is a case for the purpose of assigning a uniform case number under this subsection.
  38. Upon the filing of a copy of a probable cause affidavit or written report by a law enforcement agency with the clerk of the circuit court, the clerk shall immediately assign a ___________ to the affidavit or report, forward a copy to the ___________, and forward a copy to the _____________________which serves the county in which the case arose.
    • uniform case number
    • the state attorney
    • intake office of the department
  39. Each letter of recommendation, written notice, report, or other paper required by law pertaining to the case shall bear the _____________ of the case, and a copy shall be filed with the ________________ by the issuing agency. The issuing agency shall furnish copies to the _______________and the __________.
    • uniform case number
    • clerk of the circuit court
    • juvenile probation officer
    • and the state attorney