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mychele
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______ gives a law enforcement officer is given
the authority to make an arrest for the commission of a crime with or
without a warrant
Chapter 901
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If the offense is for an offense which the judge
is empowered to try summarily, he or she shall issue_____
A Summons
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Unless the judge reasonably believes that the person against whom the complaint was made will not appear upon a summons, in
which event
The judge shall issue a warrant (F.S.§901.09).
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Under §901.02 of the Florida Statutes, a _______ maybe issued by a judge if after examination of the complainant and other witnesses, the judge reasonably believes that the person complained against has committed an offense within the judge's jurisdiction
Warrant of Arrest
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An arrest is valid as long as there was
Objective Probable Cause
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What amendment must an officer give for Loitering and Prowling to exist before affording the person the opportunity to dispel
any alarm.
Fifth Amendment
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Any person violating Loitering and Prowling shall be guilty of what degree of
misdemeanor?
second degree
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What U.S. Supreme Court case law applies the reasonableness standard in determining whether excessive force is used?
Graham V. Connor
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What are the three levels of contact between law enforcement officers and civilians?
- Consensual Encounters
- Reasonable Suspicions;
- Probable Cause.
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What form of contact involves no coercion, no detention and therefore no arrest or seizure?
Consensual Encounter
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Knowingly and willfully providing false information to a law enforcement officer conducting a missing persons or felony criminal investigation with intent to mislead the officer or impede the investigation is what degree of an offense?
misdemeanor of the first degree.
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The next higher level of contact a law enforcement officer may have with a citizen is a
reasonable, investigatory stop or Terry Stop
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What is the highest level of contact than Reasonable Suspicion?
Probable Cause
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In order to make an _____ _____ of a suspect, the law enforcement officer need not have ____ ______ to believe that a crime has been committed by the suspect
- investigatory stop
- probable cause
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A tip by a citizen-informant, as opposed to an anonymous tipster, is entitled to what form of reliability
presumption
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Anonymous tip may permit a reasonable suspicion stop but only after the tip has been independently
corroborated
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If an ______ ______ continues on for too long, beyond the amount of time reasonably necessary to effectuate its purpose, it can become a ___ ____ _____
- Investigatory stop
- De facto arrest
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A confession must be suppressed if it is obtained during a detention that amounts to the _____ ______ of an arrest if police do not have _____ ______ to make arrest
- functional equivalent
- probable cause
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_____ ______depends upon probabilities, not certainties.
Probable cause
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Probable cause depends on the facts of
each case, probable cause ____ __ ____be found in certain instances
may or maynot
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The "_____ ____ ____" pertains to misdemeanor offenses, as well as felony offenses
Fellow Officer Rule
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If the officer did not have ____ _____ to initiate an_____ ____then giving a false name is not a crime, and there is no ____ ______ to arrest the misrepresentation
- reasonable suspicion
- investigative stop
- probable cause
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What is needed for an officer to conduct a stop and frisk?
Articulated suspicion
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There is no automatic right to frisk a suspect during what kind of stop as a matter
of routine?
investigatory stop
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An officer can not frisk a motorist who is only stopped for what?
Traffic violation
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What alone is not enough for an investigatory
search?
Hunch
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The fact that the accused has previously answered some questions does not prevent him or her from terminating the interrogation applies to what rule?
The Edward Rule
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The U.S. Supreme Court has ruled that when a suspect who has requested an attorney is re-leased from pretrial custody for a period of how may days, the Edwards rule no longer applies?
14 days
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Unlike the right to counsel, if the suspect invokes the right to remain silent, when can the police may resume questioning?
After the passage of a significant period of time. The questioning should concern a different topic than the earlier questioning and remind the suspect of his Miranda Rights
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The United Stated Supreme court has ruled it is unnecessary to read Miranda to in inmate as long as the following occur?
- The interview occurs in a well-lit, non-intimidating room
- The inmate is offered food or water
- He is not threatened or physically restrained
- He is clearly advised that he can end the interview at any time.
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The Sixth Amendment right to counsel attaches the right attaches when the criminal justice process has reached what critical stage?
The initiation of the prosecution for a specific offense.
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Once the Sixth Amendment right attaches, police may not
"Deliberately elicit" incriminating statements from the suspect outside the presence of his or her counsel.
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If a police officer wishes to enter to make a routine arrest of a suspect in his or her or a third party's home, the officer must ?
Obtain an arrest warrant even if he or she has probable cause to arrest the person
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There are three exceptions to the rule which requires issuance of an arrest warrant before an arrest can be made inside a home.
- A suspect has committed a violent crime and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens.
- If an officer obtains a consent to enter the premises from an owner or lessor
- "Hot pursuit" of a fleeing felon.
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The requirement of a warrant for an in-home arrest applies to what temporary residences?
Hotel, Motel and hospitals
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Search and inspection warrants are governed by the requirements of what chapter
933
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The officer seeking the search warrant must show that the informant's information is credible, This is know as?
Basis of knowledge
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Generally what will the court adhere to between the events described in the affidavit and issuance of a search warrant.
30 day rule of thumb. Courts may extend the general rule based on "freshness" factors such as evidence of a pattern of ongoing criminal activity; the nature of the object sought; the nature of the criminal activity involved; whether there was a continuing flow of infor
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A search warrant must be executed within how many days of issuance?
- 10 days
- Only the officer or officers mentioned in the warrant or persons aiding said officers may execute the warrant
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In two U.S. Supreme Court cases, the Court held that "an unannounced or forced entry was reasonable under circumstances due to
- Likelihood of violence
- imminent destruction of evidence
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Florida Statutes §901.21(1) provides for the search of a person and the area within the person's control when a lawful arrest is effected to?
- protect the officer from attack;
- prevent the person from escaping; or
- discover the fruits of the crime
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Exigent circumstances is based on the officer's obligation to
protect life and property.
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The only authority a third party can consent to a search of personal property belonging to another is?
If there is evidence that both have common authority over and mutual usage of the property.
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Courts will inquire if consent to search was the product of an?
Essentially free and unconstrained choice by its maker
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The state has the burden of proof to show that the consent to search was?
Freely and voluntarily given.
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What are the three criteria that applies to the Plain View doctrine?
- The evidence must be seen from a lawful vantage point
- It must be immediately apparent to the viewer that the object observed is incriminating evidence
- The officer must have a right of lawful access to the object itself.
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The temporary detention of individuals during a vehicle stop constitutes a seizure within the meaning of what amendment?
Fourth
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Roadblocks shouid be directed toward administrative purposes such as?
Administrative purposes to ensure highway safety
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True or False
If the police have probable cause to believe that a vehicle contains physical evidence of a crime, a warrantless search is valid regardless of whether or not an arrest is made.
True
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Failure to serve a party within how many days after the filing of a civil action will result in a dismissal of the action
120
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A defendant is first notified of being charged with a criminal offense by a Summons issued by?
- A judge
- Notice to Appear
- By arrest with or without a warrant
- Traffic infractions by issuance of a traffic citation
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For defendants in custody, formal charges must be filed within how many from the arrest date or from the date of service of a capias
30 days
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A defendant shall not remain in custody beyond how many days without being formally charged
40 days
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The speedy time period for misdemeanors is
90 days
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The speedy trial time period for felonies is
175 days
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If a felony and misdemeanor are
consolidated for hearing in circuit court the speedy trial time period is
175 days from arrest
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A sentencing court shall not impose the mandatory minimum sentence for aggravated assault if:
- the defendant had a good faith belief that the aggravated assault was justifiable pursuant to chapter 776
- the aggravated assault was not committed in the course of committing another criminal offense
- the defendant does not pose a threat to public safety
- totality of the circumstances involved in the offense do not justify the imposition of such sentence
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Divers may use a "divers-down buoy" (a buoyant device which displays a divers-down symbol of at least
12 inches by 12 inches on three or four flat sides
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The Fish and Wildlife Conservation Commission or any officers is authorized to relocate, remove, or cause to be relocated or removed a vessel that
unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel
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If a person who commits a burglary travels any distance with the intent to commit the burglary in a county in this state other than the person's county of residence, the degree of the burglary shall be reclassified
to the next higher degree if the purpose of the person's travel is to thwart law enforcement attempts to track the items stolen in the burglary.
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A person commits what degree offense by intentionally interrupting the transmittal of data to or from, or gaining unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit
a felony of the second degree
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A person commits what degree offense by engaging in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party.
a felony of the third degree
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A physician commits what degree offense by ordering low-THC cannabis for a patient without a reasonable belief that the patient is suffering from cancer
a misdemeanor of the first degree
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It is a major violation for any person, firm, or corporation to be in possession of spiny lobster during the closed season or, while on the water, to be in possession of spiny lobster tails that have been wrung or separated from the body; unless such possession is allowed by commission rule is guilty of what degree offense
misdemeanor of the second degree
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A person is guilty of what degree offense if they are in possession of how many spiny lobster during closed season or is a second offense
- a misdemeanor of the first degree
- A third offense within a year of a second offense or a fourth or subsequent offense is a felony of the third degree
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When can prosecution for human trafficking may be commenced
At any time
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A child restraint system is not required when a safety belt is used and the child:
- is being transported gratuitously by an operator who is not a member of the child's immediate family
- is being transported in a medical emergency situation involving the child
- has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional
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A driver who flees the scene of a crash involving injury, serious bodily injury, or death shall have his or her driver's license revoked for
three years
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A first offense of deriving support from proceeds of prostitution
- is a felony of second degree
- a second offense is now a felony of
- the first degree;
- a third or subsequent offense is now a felony of the first degree with a mandatory minimum term of imprisonment of years
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How should a felony sex offense shall be classified if committed by an authority figure of a school against a student of the
school.
One degree higher
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A State Attorney may refer a sexually violent predator
for involuntary civil commitment
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A sexual predator shall report in person to the sheriff's office within how hours after any change in vehicles or after establishing a transient residence
48 hours
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How often must a sexual predator report in person to the sheriff's office in the county in which he or she is located while maintaining a transient residence
30 days
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A dangerous sexual felony offender who commits an offense on or ______ must be sentenced to a mandatory minimum term of _______ years imprisonment
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When are penalties increased for sexual battery
when the defendant is 18 or older and the victim is age 12- 18.
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A person who willfully and without authorization fraudulently uses personal identification information concerning an individual
who is 60 years of age or older; a disabled adult; a public servant; a veteran; a first responder; an individual who is employed by the State of Florida; or an individual who is employed by the Federal Government without first obtaining the consent of that individual commits
Felony of the second degree
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What degree offense is it is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age (including an electronic cigarette)
- misdemeanor of the second degree, or a
- misdemeanor of the first degree if second or subsequent offense within 1 year
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What is the violation for any person under 18 years of age to knowingly possess any nicotine product or a nicotine dispensing device
Violation is punishable by 16 hours of community service or a $25 fine.
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For a third or subsequent violation within 12 weeks of the first of a person under 18 years of age to knowingly possessing any nicotine product or nicotine dispensing device the violation imposed will be
minor's license shall be suspended
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Define Inevitable Discovery
The evidence would have been discovered in the same condition, through an independent line of investigation, and where the independent investigation was already in progress at the time of the illegal search.
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When can a principal of a public school (or a school employee designated by the principal) has the authority to search a student's locker
if he or she has a reasonable suspicion that a prohibited or illegally possessed substance or object is contained within the locker.
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Civil Service on what day of the week is not valid unless the Court specifically authorizes such service
Sunday
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When is the civil service invalid?
If the server knows someone is inside but cannot say that the person inside was the person being served or someone residing in the home who is fifteen years of age or older,
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Service on tenants for eviction may be made by
- attaching the papers to a conspicuous place on the property
- when there is no one fifteen years of age or older at the residence
- WHEN the tenant cannot be located in the county
- AFTER attempting personal service twice at least six hours apart
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When can service be served on a minor?
If the minor is unmarried, the parent or guardian must be served
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Service by mail is generally not permitted except
small claims matters $2,500 or less where registered mail with a return receipt must be used.
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In an eviction action, how many days does a tenant have to respond to a complaint for eviction?
only five days
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A defendant in a civil action, has how many days to file a formal answer to a complaint?
20 days
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How much of a fine maybe imposed for failure to respond to a summons
Not more than $100
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A person charged with a noncriminal traffic infraction shall be brought to trial within how many days of the date of service
180 days
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How many stages are the criminal justice flow chart
- FIVE
- Stage 1 & 2 - the commission of a crime to arrest and initial appearance or arraignment in open court
- Stage 3- Post Arraignment - by probable cause or grand jury indictment
- Stage 4- Eight steps to a trial
- Stage 5- Post Disposition
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Qualified Immunity
Shields public officials from undue interference with their duties and from potentially disabling threats of liability when acted objectively and reasonably
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What are the three criteria's for Plain View Docturine
- The evidence must be seen from a lawful vantage point
- It must be immediately apparent to the viewer that the object observed is incriminating evidence
- The officer must have a right oflawful access to the object itself.
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What criminal case clearly stated that the evidence discovered in the warrantless search may not be admitted against the probationer in a separate criminal proceeding
Soca v. State
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Evidence found by private investigators, with no connection to the U.S. Government, was admissible against the defendant in Federal Court
The "Exclusionary Rule"
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