2. FLORIDA STATUTE-PROMOTIONAL EXAM

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MMCNEELY
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190470
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2. FLORIDA STATUTE-PROMOTIONAL EXAM
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2013-01-24 11:00:50
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FLORIDA STATUTES 901, 843, 837, 856
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  1. 901.15 When arrest by officer without warrant is lawful


    A law enforcement officer may arrest a person without a warrant when:
    (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer


    (2) A felony has been committed and he or she reasonably believes that the person committed it.

    (3) He or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it.


    (4) A warrant for the arrest has been issued and is held by another peace officer for execution.

    (5) A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit.

    (6) There is probable cause to believe that the person has committed a criminal act which violates an injunction for protection or a foreign protection order

    (7) There is probable cause to believe that the person has committed an act of domestic violence,

    (8) There is probable cause to believe that the person has committed child abuse,has violated s. 787.025, relating to luring or enticing a child for unlawful purposes


    • (9) There is probable cause to believe that the person has committed:
    •      (a) Any battery upon another person
    •      (b) An act of criminal mischief or             a graffiti-related offense
    •      (c) A violation of a safety        
    •            zone,security zone, regulated
    •            navigation area, or naval vessel 
    •            protection zone

    (10) The officer has determined that he or she has probable cause to believe that a misdemeanor has been committed, based upon a signed affidavit provided to the officer by a law enforcement officer of the United States Government


    (11)(a) A law enforcement officer of the Florida National Guard, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, has probable cause to believe a felony was committed on state military property or when a felony or misdemeanor was committed in his or her presence on such property.


    • (12) He or she is employed by the State of Florida as a law enforcement officer as defined in s. 943.10(1) or part-time law enforcement officer as defined in s. 943.10(6), and:
    • (a) He or she reasonably believes that a felony involving violence has been or is being committed and that the person to be arrested has committed or is committing the felony;
    • (b) While engaged in the exercise of his or her state law enforcement duties, the officer reasonably believes that a felony has been or is being committed; or
    • (c) A felony warrant for the arrest has been issued and is being held for execution by another peace officer.


    (13) There is probable cause to believe that the person has committed an act that violates a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046.

    (14) There is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in conspicuous areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas.


    (15) There is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties.
  2. 901.151 Stop and Frisk Law.—

    (1) This section may be known and cited as the “Florida Stop and Frisk Law.”

    Whenever any law enforcement officer of this state encounters any person under circumstances which _______________that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may ______________such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense
    • reasonably indicate
    •  temporarily detain 
  3. No person shall be temporarily detained under the provisions of subsection (2) longer than ___________________to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof.
    is reasonably necessary
  4. If at any time after the onset of the temporary detention authorized by subsection (2), probable cause for arrest of person shall appear, the person shall be _____________.
    arrested
  5. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be ________.
    RELEASED
  6. Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has _______________to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the ______________to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized.
    • probable cause
    • extent necessary
  7. 901.17 Method of arrest by officer without warrant.


    A peace officer making an arrest without a warrant shall ______the person to be arrested of the officer’s authority and the _______________except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil the arrest.
    • inform
    • CAUSE OF ARREST
  8. 901.19 Right of officer to break into building.—
  9. If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.
  10. 843.081 Prohibited use of certain lights;


    It is unlawful for a person to use in or on any ___________________owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the ___________pursuant to chapter 354.
    • non-governmentally
    • GOVERNOR
  11. Prohibited use of certain lights shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment
  12. the term “______________________” includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use.
    flashing or rotating blue light
  13. 843.081 Prohibited use of certain lights; penalty.—

    Any person who violates any of the provisions of this section commits a ___________of the _________DEGREE
    misdemeanor of the first degree
  14. 856.011 Disorderly intoxication.—

    No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance
    Any person violating the provisions of this section shall be guilty of a __________of the __________degree
    misdemeanor of the second degree
  15. Any person who shall have been convicted or have forfeited collateral under 856.011 Disorderly intoxication, _____times in the preceding ____months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than ___days
    • 3
    • 12
    • 60
  16. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.
  17. 837.011 Definitions

    “______________” means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.
    Official proceeding
  18. ) “______” includes affirmation or any other form of attestation required or authorized by law by which a person acknowledges that he or she is bound in conscience or law to testify truthfully in an official proceeding or other official matter
    Oath
  19. ) “___________” means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Whether a matter is material in a given factual situation is a question of law.
    Material matter
  20.  837.012 Perjury when not in an official proceeding.—

    Whoever makes a false statement, which he or she does not believe to be true, under oath, NOT in an official proceeding, in regard to any material matter shall be guilty of a ________of the _______ degree,
    misdemeanor of the first degree,
  21. Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his or her statement was not material is not a defense.
     
  22. 837.02 Perjury in official proceedings.—

    Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a ______of the ______degree,
    felony of the third degree,
  23. Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a _________of the _______ degree,
    felony of the second degree
  24. Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not material is not a defense.
     
  25. 837.021 Perjury by contradictory statements.—

    whoever, in _____ or more official proceedings, willfully makes _____ or more material statements under oath which contradict each other, commits a _______of the _____ degree
    • ONE
    • TWO
    • felony of the third degree
  26. Whoever, in ____ or more official proceedings that relate to the prosecution of a capital felony, willfully makes ____or more material statements under oath which contradict each other, commits a ______ of the ______ degree,
    • ONE
    • TWO
    • commits a felony of the second degree,
  27. In any prosecution for perjury under this section:
    The prosecution may proceed in a ______ count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that ____ or more of them are false.
    • SINGLE
    • ONE
  28. It is not necessary to prove which, if any, of the contradictory statements is not true.

    It is a defense that the accused believed each statement to be true at the time the statement was made
  29. 837.05 False reports to law enforcement authorities.—

    whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a __________of the ______degree
    misdemeanor of the first degree
  30. Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a ______of the _____ degree
    felony of the third degree
  31. 837.055 False information to law enforcement during investigation

    Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a ___________of the __________ degree
    misdemeanor of the first degree
  32. 837.06 False official statements

    Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a _______of the ______ degree
    misdemeanor of the second degree
  33. 837.07 Recantation as a defense.—


    Recantation shall be a defense to any prosecution for perjury or false statement only if the person making the false statement admits such statement to be false in the same continuous proceeding or matter, and:
    (1) The false statement has not substantially affected the proceeding; or
    (2) Such admission is made before it has become manifest that such false statement has been or will be exposed.

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