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159 Cards in this Set
- Front
- Back
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What are the reasons why officers should be aware of the U.S. Constitution and, particularly the rights of the people? (3)
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-officer represents the law
-Constitution sets forth parameters under which the government is run and laws are established -generally, Supreme Court decisions involve Constitutional questions |
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What are the purposes of the Articles of the Constitution? (4)
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-Establish the form of government
-Provide for separation of powers -Establish manner and responsibility to make laws -Provide for sovereignty of the separate states |
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The Florida Constitution exists and it is generally ______ to the United States Constitution.
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Parallel
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What is the purpose of the Amendments to the U.S. Constitution?
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Is the establishment of the rights of the people of the United States and places limitations on government to not infringe on these rights.
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What are the 1st-10th Amendments are considered?
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Bill of Rights
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Freedom of religion, speech, press and assembly
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1st Amendment
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Right to bear arms
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2nd Amendment
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Prohibiting quartering of soldiers in private homes
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3rd Amendment
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Right to be secure against unreasonable searches and seizures; probable cause
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4th Amendment
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Indictment for capital crime; protection from double jeopardy; not required to testify against self; not to be deprived of life, liberty, or property without due process of law
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5th Amendment
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Right to speedy and public trial, impartial jury, counsel, confront witnesses, be informed of the nature of the charges
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6th Amendment
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Right, at common law, of trial by jury
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7th Amendment
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Protection from excessive bails, fines, and cruel and unusual punishments
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8th Amendment
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Retention, by the people, of general rights
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9th Amendment
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State's rights are preserved
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10th Amendment
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Protects against the denial of life, liberty, or property without due process by the State and has been used by the U.S. Supreme Court to extend federal rights to state matters.
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14th Amendment
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As anything presented in a court of law to prove or disprove the existence of a fact or issue
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Evidence
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What is the difference between evidence and proof?
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-Evidence is information which is allowed in court
-Proof is the effect produced by this information |
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What are the two major types of evidence?
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- Direct Evidence
-Indirect or Circumstantial Evidence |
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Directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes the fact
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Direct Evidence
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Establishes a fact indirectly, and necessitates an inference or presumption
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Indirect or Circumstantial Evidence
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What are the three major categories of evidence?
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-Testimonial
-Documentary -Physical/Real |
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?- Verbal evidence solicited from a witness
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Testimonial Evidence
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?- Written or printed evidence offered to prove or disprove a fact
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Documentary Evidence
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?-Material objects such as guns, knives, clothing, etc...,from which inferences can be drawn
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Physical/Real Evidence
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?- That which is obtained by the defendant as a result of committing crime
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Fruits of a Crime
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?- Articles used to commit a crime
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Instrumentalities of a Crime
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?- Goods, property or other thing possessed in violation of the law
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Contraband
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What are the three reasons on why evidence is offered in court?
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-to prove a crime
-to support or disprove other evidence -to determine sentence |
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What are the major reasons for rules of evidence? (2)
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-Protect jurors from being confused or misled
-Expedite the trial |
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What are some general reasons for excluding evidence? (4)
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-reduce violations of Constitutional rights
-avoid undue prejudice to the accused -prohibit consideration of unreliable evidence -protect valued interests and relationships |
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What are the four specific actions that officers must be aware of to ensure admissibility of evidence?
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-evidence is relevant to the case
-evidence must be legally obtained -evidence must be properly preserved -chain of custody must be preserved |
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?- any statement made out of court by someone other than the person testifying at trial or hearing which offers evidence to prove or disprove the truth of the matter asserted
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Hearsay Evidence
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The "Hearsay Rule" states that hearsay evidence is _______ except as provided by s. __.803, F.S
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inadmissible, 90
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?- The principle that evidence will be rejected by the court if it has been obtained in an illegal manner
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Exclusionary Rule
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Probable cause is contingent upon the existence of articulable details constituting for what? (2)
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-Arrest Purposes
or -Search and Seizure Purposes |
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?- Facts which would lead a reasonably prudent officer, based on his/her training and experience, to believe that a crime has been or is being committed
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Arrest Purposes
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?- Facts and circumstances which would persuade a reasonably prudent officer based on his/her training and experience, to believe that the items sought are connected with criminal activity and that the items will be found in the place to be searched
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Search and Seizure Purposes
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What is the continuum of the question of evidence of criminal offenses? (4)
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-Mere Suspicion
-Reasonable Suspicion -Probable Cause -Beyond a Reasonable Doubt |
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What are the possible results that may come from lack of probable cause? (5)
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-Dismissal of the charge
-Suppression of Evidence -Civil Suit for Damages Against the Officer/Agency -Criminal Charges Against the Officer -Departmental Discipline Against the Officer |
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?- Legally depriving a person of liberty or freedom to go as one chooses, or taking a person into custody to be held to answer for a crime
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Arrest
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Chapter ____, F.S. as a primary section of Florida Law which gives officers the authority to arrest.
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901
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Under certain statutory sections and under Florida _____ law, citizens may have the right to make an arrest.
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Common
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What are the two manners of arrest provided in Chapter 901, F.S.?
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-Arrest with a Warrant
-Arrest without a Warrant |
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What are the elements of a criminal arrest? (4)
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-An intent to make an arrest
-Real or pretended authority to make an arrest -Seizure or restraint, actual or constructive -Understanding by person being seized that he/she is being arrested |
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All arrests must be made upon _____ ____?
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Probable Cause
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____ Law opinions have held that circumstances surrounding the custody of a subject may convert a detention into an arrest, even when an officer may not have originally intended to make an arrest.
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Case
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In situations where a person has been arrested for a misdemeanor or ordinance violation, an arresting officer or booking officer may issue a "____ _ ____" to the arrested person.
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Notice to Appear
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?- A written order issued by a law enforcement officer in lieu of physical arest, requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time
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Notice to Appear
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It is ______ for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel.
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Unlawful
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?- An effort to seek out and discover evidence and/or contraband in the possession of another
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Search
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?- The act of taking possession of evidence and/or contraband for a violation of law
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Seizure
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?- any unauthorized article, or legal articles in excess of the authorized limit
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Contraband
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The ____ Amendment prohibition against unreasonable searches and seizures is limited (in a correctional facility) in that reasonableness must be assessed in light of security, order, and rehabilitation needs.
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4th
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Searches should be performed in a ________ manner and with discretion.
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Reasonable
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No inmate should be strip searched by an employee of the opposite sex except in ________ situations.
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Emergency
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Invasive body cavity searches may be conducted only by an employee of the ______ staff.
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Medical
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What are the elements of criminal mischief as outlined in s. 806.13, F.S.? (3)
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-The defendant injured or damaged property
-The property belongs to an identifiable victim -It was done willfully and maliciously |
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The injury or damage to property can include the placement of ____ or the commission of other acts of vandalism.
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Graffiti
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According to s. 806.13, F.S., criminal michief is considered a _______ unless the amount is $______ or more
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misdemeanor, $1,000
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According to s. 806.13, F.S., it is a _ degree ______ to willfully and maliciously deface, injure, or damage a sexually violent predator detention or commitment facility.
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3rd Degree Felony
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Any person who willfully and maliciously damages any place of worship or religious article therein is guilty of a __ Degree_____ if the damage is over $_____.
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3rd Degree Felony, $200
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Destruction of or damage to a public pay telephone with posted warnings which renders the instrument inoperative, or illegally opening the body of the instruments is a __ Degree _____.
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3rd Degree Felony
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A person with prior criminal michief conviction wil have any subsequent sentences for convictions of misdemeanor criminal mischief offenses enhanced to a __ Degree Felony
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3rd
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An officer may make a warrantless arrest when the officer has ____ _____ that a person has committed an act of criminal michief or a graffiti related offense.
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Probable Cause
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Treatment and Rehabilitation of Drug Dependents Act as that legislation dealing with treatment and services of substances abuse impaired persons includes what? (3)
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-Drugs
-Alcohol -Inhalants |
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A law enforcement officer may implement protective custody measures when a minor or an adult who appears to meet the involuntary admission criteria is: (2)
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-Brought to the attention of law enforcement
or -In a public place |
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When does a person meet the criteria for involuntary admission if there is a good faith reason to believe the person is substance abuse impaired and because of such impairment?
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-Has lost the power of self-control with respect to substance abuse
and either -Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm upon himself or another or -Is in need of subatance abuse services and by reason of substance abuse impairment, his judgment has been so impaired that he is incapable of appreciating his need for such services and of making a rational decision |
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The mere refusal to receive such services does not constitute ______ of law of judgment wiht respect to the person's need for such services.
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Evidence
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A person in cicrumstances which justify protective _____, may consent to be assisted by a law enforcement officer to his home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate.
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Custody
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If a person in circumstances which justify protective custody fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person: (2)
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-take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person's will but without using unreasonable force
or -in the case of an adult, detain the person for his own protection in any municipal or county jail or other appropriate detention facility |
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Once a person is taken into protective custody, it is the responsibility of the law enforcement officer to notify who?
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-the nearest relative of an adult, unless the adult requests that there be no notification
or -the nearest relative of a minor taken into protective custody |
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A detention for protective custody is not to be considered an _____ for any purpose and no entry or other record may be made to indicate that the person has been detained or charged with a crime.
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Arrest
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The officer in charge of the detention facility must notify the nearest appropriate _____ service provider within the first__ hours after detention that the person has been detained.
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Licensed, 8
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The duty of the detention facility to arrange, as necessary, for ________ of the person to an appropriate licensed service provider with an available ____.
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Transportation, Bed
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Persons taken into protective custody must be assessed by the attending physician within the ___-hour period and without unnecessary delay to determine the need for further services.
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72
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A law enforcement officer acting in good faith may not be held ______ or ______ liable for false imprisonment when taking a person into protective custody for substance abuse impairment.
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Criminally, Civilly
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Florida Mental Health Act is also known as the ____ _____ and is outlined in Chapter ____.
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Baker Act, 394
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?- as an impairment of the emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living.
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Mental Illness
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?- Provides for emergency service and temporary detention for evaluation and voluntary or involuntary short-term community impatient treatment, if necessary.
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Baker Act
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?- any public or private receiving facility, an entity under contract with the Department of Children and Family Services to provide mental health services, a clinical psychologist, a clinical social worker, a physician, psychiatric nurse as defined in subsection or a community mental health center or clinic as defined in s. 394.455
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Service Provider
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A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has mental illness and because of his or her mental illness: (3)
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-the person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination
or -the person is unable to determine for self whether examination is necssary and --without care or treatment the person is likely to suffer from neglect or refuse to care for self, such neglect or refusal poses a real and present threat of substantial harm to person's well-being, it is not appatent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or -there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to self or others in the near future, as evidenced by recent behavior. |
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Those people or agencies that may initiate an involuntary examination, to include: (3)
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- the circuit court
- law enforcement officer, as defined in s.943.10 - physician, clinical psychologist, psychiatric nurse, mental health counselor or clinical social worker |
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An individual may be detained at a receiving facility for involuntary examination and must be examined within ____ hours.
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72
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True/False
Firearms are prohibited from the grounds and premises of a receiving facility, that firearms must remain in a motor vehiicle and the vehicle must be locked if unattended. |
True
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True/False
Law enforcement personnel should be contacted and enlisted to assist in returning a patient to a receiving or treatment facility only if the patient is under a criminal charge or meets the criteria for involuntary examination |
True
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Who's responsibility is to refer an inmate exhibiting behavior that may indicate mental illness to the appropriate medical personnel.
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Correctional Officer
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?- actions or lack of actions which impair or prohibit an officer from executing a legal process or duty
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Obstruction of Justice
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What kind of crime is it when someone resists an officer?
843.01, 843.02, 784.07 |
Misdemeanor or Felony
Depending on the circumstances |
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What are the actions that are considered to be obstructing justice under Chapter 843, F.S.?
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-Resisting an officer with or without violence
-Obstruction by disguised person -Refusal to assist officer -Impersonating an officer -Compounding felony -Depriving an officer of means of protection or communication -Injuring police dog or horse -Unlawful use of law enforcement radio frequency -Fleeing or eluding law enforcement officer by boat -Possession of concealed handcuff key |
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What are the actions relating to escape of an individual in custody which are considered to be obstructing justice (4)?
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-escape allowed by officer
-escape by negligence of officer -conveying tools into jail -aiding escape |
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What type of crime is it to use two-way radio communications to facilitate or further the commission of a felony crime?
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Felony
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?- As a method of obtaining money or other pecuniary benefit from someone or compelling that person to do any act or refrain from doing any act against his will by threats of ill treatment, libelous accusations or exposure of faults.
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Extortion
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What are the elements and intent of the crime of extortion (actual or threat)? (7)
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-Can be verbal or written
-Accuses another of a crime -Injures another person's property or reputation -Exposes another's secrets -Exposes another to disgrace -Causes bodily harm or threatens to commit bodily harm -Intends to obtain money or other pecuniary benefit or to compel another to do an act against his/her will or not to do an intended act |
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What kind of crime is extortion?
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Second Degree Felony
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?- willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damaging or causing to be damaged.
-any dwelling, structure, or the contents thereof, -any structure or its contents where persons are normally present -any structure known, or believed to be, occupied by a human being |
Arson
s. 806.01, F.S. |
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?- as a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound, having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purposes of illumination, heating, or cooking shall be deemed a ____ ____.
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Fire Bomb
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In the context of arson, what does the term structure include? (7)
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-any building of any kind
-any enclosed area with a roof over it -any real property and apputrenances thereto -any tent or other portable building -any vehicle -any vessel or watercraft -any aircraft |
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What other actions relative to arson, F.S., constitutes felonies? (6)
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-making false reports about planting a bomb or explosive
-making false reports of bombing or arson against state-owned property -Burning lands -Illegally possessing a fire bomb -Damaging, destroying, removing, etc...any firefighting equipment -Interfering with a fire fighter in the performance of duty |
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What are the responsibilities does the State Fire Marshal have in reference to arson, according to Chpt. 633? (2)
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-Suppression of Arson
-Investigation of fires (including those within correctional facilities) |
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A person who perpetuates any arson can be charged with a ____ or ________ if another person is injured as a result of his/her act.
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Felony or Misdemeanor
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A person who manufactures, possesses, sells, delivers, displays, uses, attempts to use or threatens to use a "weapon of mass destruction" or a "hoax weapon of mass destruction" can be charged with a _____.
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Felony
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?- Threatening to strike or harm
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Assualt
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?- Unlawful touching, beating, wounding, or laying hold of another's person or clothing without his/her consent
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Battery
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?- An assault made with a deadly weapon without intent to kill or with an intent to commit a felony on the victim
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Aggravated Assault
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?- Battery intentionally or knowingly causing great bodily harm, permanent disability or permanent disfigurement or committed with a deadly weapon.
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Aggravated Battery
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What is the difference between assault and battery?
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Assault- is the only the threat of injury
Battery- is the actual completed act where the threat has been carried out |
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What are the situations where acts that might otherwise be ruled battery are lawful for officers? (4)
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-executing criminals legally convicted and sentenced to death
-using reasonable force in making an arrest or subduing inmate -preventing offenses or serious injury -lawfully ejecting a trespasser, if force is used in moderation |
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Elements of assault/battery on the following statutorily protected individuals, as stated in s.784.07, F.S., and s.784.083, F.S., as knowingly committing assault or battery while the protected individual is engaged in the lawful performance of his duties and related that such an act enhances the crime by one degree. (What certain individuals?) (12)
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-Law enforcement officer
-Correctional officer -Correctional Probation Officer -Emergency medial care provider -Traffic accident investigation officer -traffic infraction enforcement officer -parking enforcement specialist -code inspector -security officer employed by the board of trustees of a community college -public transit employees or agents -juvenile probation officer |
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Enhanced penalties are provided in s. ____.0823,F.S., for violent offenses committed against law enforcement or correctional officers.
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775
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Enhanced penalties are provided in s.____.074, F.S., for violent offenses committed against the staff of a sexual violent predator detention or commitment facility.
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784
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s. 784.078, F.S., was created making it a ____ degree felony to throw, toss, or expel cerain fluids or materials on an employee of specified correctional and detention facilities, including state prisons and county, municipal, and regional jails.
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3rd
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True/False
Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation. |
True
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Examples of Sex Crimes are (5):
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-Prositution
-Sexual Battery -Child Molestation -Exhibitionism -Voyeurism |
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?- the giving or receiving of the body for sexual activity for hire
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Prostitution
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?- the act of having sexual intercourse with a male or female by force and against his/her will
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Sexual Battery
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?- making indecent advances towards children in order to obtain sexual gratification
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Child Molestation
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?- the exposure of sexual organs in a public place
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Exhibitionism
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?- a person who commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes, photographs, films, videotapes, or records another person when such other person is located in a dwelling, structure or conveyance and such location provides a reasonable expectation of privacy.
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Voyeurism
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What Florida Statutes relates to sex crimes (5)?
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-Chapter 796: Prostitution
-Chapter 798: Adultery; Cohabitation -Chapter 800: Lewdness; indecent exposure -Chapter 826: Bigamy; incest -Chapter 810: Voyeurism |
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?- oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object (Except for a bone fide medical purpose)
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Sexual Battery
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If the victim is under the age of 12 and the offender is 18 or older, the sexual batter is a _____ felony; however, the defendant is not subject to the death penalty due to case law decisions.
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Capital
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If the victim is under the age of 12 and the offender is under the age of 18, the sexual battery is a ____ felony.
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Life
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Person who commits sexual battery upon a person 12 years of age or older, without the person's consent, and the offender uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious physical injury, commits a ___ felony.
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Life
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What are the elements of sexual battery that constitutes a first degree felony, upon a person 12 years of age or older? (7)
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-victim was physically helpless to resist
-victim was coerced to submit by threats of force or violence likely to cause serious injury -victim was coerced to submit by threats of future retaliation to the victim or other person -offender, without knowledge or consent of victim, administered victim a narcotic, anesthetic, or intoxicant that mentally or physically incapacitated the victim -victim is mentally defective and the offender has reason to believe this or has actual knowledge of that fact -when victim is physically incapacitated -when offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s.943.10, F.S. |
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What are three various types of sexual batteries?
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-Forcible
-Under 18 years of age -Homosexual |
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The element of sexual battery that constitutes a ____ degree felony on a person 12 years of age or older without that person's consent, is that the offender does not use physical force and violence likely to cause serious personal injury
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Second
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There are enhanced penalties for a ___ ____ which is committed by multiple perpetrators, per s.794.023, F.S.
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Sexual Battery
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Without regard to the willingness or consent of the victim, which is not a defense to prosecution under s. ____, 011 (8), F.S., a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: (3)
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794,
-Solicits that person to engage in any act which constitutes sexual battery commits a felony of the third degree -engages in any act with that person while the person is 12 years of age or older but less than 18 years of age comits a felony of the first degree -engages in any act with that person while the person is less than 12 years of age or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony |
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True/False
The majority of sexual batteries are not reported. |
True/False
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True/False
The age of legal consent, according to F.S., is 18 years of age |
True
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True/False
Reputation evidence relating to a victim's prior sexual conduct or evidence presented for the purpose of showing that the manner of the dress of the victim at the time of the offense incited the sexual battery shall not be admitted into evidence in a presentation. |
True
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True/False
-It is a felony for a psychotherapist to commit sexual misconduct with a client or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual conduct. |
True
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True/False
The victim of a sexual offense has the right to know whether the person charged with the offense has tested positive for HIV infection and that a court can order the person charged to be tested for such infection. |
True
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True/False
A person who knowingly has HIV/AIDS and has sexual intercourse with a non-consenting person's who is/are not aware of the HIV infection, in violation of s.384.24(2), F.S., has committed a felony. |
True
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The elements of murder as stated in s.____.04, F.S., as the unlawful killing of a human being when: (3)
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782,
-there is premeditated design to effect the death of the person killed or any human being, OR -it is committed by a person engaged in or attempting to engage in: trafficking in drugs and controlled substances as stated in s.893.135, F.S., arson, sexual battery, robbery, burglary, kidnapping, escape, aggravated child abuse, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bombs, carjacking, home-invasion robbery, aggravated stalking, murder of another human being, resisting an officer with violence to his or her person, felony that is an act of terrorism or is in futherance of an act of terrorism - results from the unlawful distribution of any substance controlled under s.893.03 (1),F.S., or cocaine as described in s. 893.03 (2), F.S., opium or any synthetic or natural salt, compound, derivative, or preparation of opium or cocaine by a person 18 or older, when such drug is proven to be the proximate cause of death of the user. |
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The elements of manslaughter as stated in s. ____.07, F.S. as the killing of a human being by the act, procurement, or culpable negligence of another without lawful justification when such killing is not excusable homicide or murder.
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782
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?- as stated in s.782.02, F.S., as the use of deadly force when a person is resisting any attempt to murder such person, or to commit any felony upon him/her or upon or in any dwelling house in which such person shall be
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Justifiable use of deadly force
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The elements of excusable homicide as stated in s. 782.03, F.S., as killing a person: (3)
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-by accident or misfortune in doing any lawful act by lawful means with the usual caution, and without any unlawful intent
-by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation -upon sudden combat, without using a dangerous weapon, and not done in a cruel or unusual manner |
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What are the elements of vehicular or vessel homicide as stated in s. 782.071 and 782.072, F.S.,? (3)
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- killing of a human being
- the killing of a viable fetus by any injury to the mother - the death was caused by a motor vehicle or vessel being operated in a reckless manner likely to cause the death or great bodily harm to another. |
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What are the different types of homicide? (6)
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-first degree murder
-second degree murder -third degree murder -manslaughter -vehicular homicide -vessel homicide |
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What are the elements of a first degree felony murder? (3)
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-victim is dead
-death occurred as a result of and while the defendant engaged in the commission of, or attempted to commit a felony -defendant or co-defendant killed the victim |
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What are the elements of a second degree felony murder? (3)
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-victim is dead
-death occured as a result of and while one of the felonies listed under first degree felony murder was being committed or during the attempt to commit the felony -victim was killed by someone other than the felon |
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What are the elements of a third defree felony murder? (2)
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-victim is dead
-death occurred as a result of and while the defendant was engaged in the commission of, or attempting to commit, a felony other than those listed in first degree felony murder |
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What are the different types of manslaughter? (3)
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-voluntary
-involuntary -culpable negligence |
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What are the minimal elements of proof in homicide cases? (2)
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-fact of death
-criminal agency of another person as cause of death |
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A person who causes the death through culpable negligence of an officer, as defined in s.943.10 (14), a firefighter, an emergency medical technician, or a paramedic, while the officer or rescue worker is performing duties that are within the course of his or her employment, commits aggravated manslaughter, a ____ degree felony.
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First
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?- knowingly obtaining, using or endeavoring to obtain or use property of another with intent to temporarily or permanently deprive the other person, or to appropriate the property for his or another unauthorized person's use
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Theft
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What kind of theft will constitute a felony? (12)
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-money or property valued at $300 or more
-a will or other testamentary instrument -a firearm -a motor vehicle -any commercially farmed animal or fishes -a fire extinguisher -2,000 pieces of citrus fruit -property from a posted construction site -money or property valued at $100 or more during a burglary to a dwelling -any stop sign -any person who has been convicted of two or more petit thefts in the past -property, funds, or assets from a person 65 years of age or older |
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?- taking an item (money or property) valued at LESS than $300.
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Petit Theft
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?- as taking possession of or carrying away of merchandise, money, or negotiable instruments; altering or removing a label or price tag; transferring merchandise from one container to another of lower price or removal of a shopping cart with intent to deprive the merchant of possession, use, benefit, or full retail value.
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Retail Theft
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What are the elements of s. 812.022, F.S., pertaining to evidence of theft or dealing in stolen property? (4)
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-defendant presented false identification
-defendant possesses property recently stolen -merchandise purchased at price substantially below fair market value -merchandise purchased or sold (by dealer) out of regular course of business |
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The charge of dealing in stolen property, according to s.812.019, F.S., is a ____ degree felony.
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Second
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The charge for initiating, organizing, managing the trafficking of stolen property is a ___ degree felony, according to s.812.019, F.S.
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First
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?- The taking of money or other property from a person or custody of another by force, violence, assault, or putting in fear
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Elements of Robbery
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All robberies listed under s.812.13, F.S.,are considered ____.
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Felonies
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The penalty _____ for wearing a hood, mask, or other device that hides an individual's identity during the commission of a robbery.
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Increases
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-The taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking
-it is not necessary to show that the offender used any amount of force beyond that effort necessary to obtain possession of the money or other property -it is not necessary to show that there was any resistance offered by the victim tothe offender or that there was injury to the victim |
Robbery by Sudden Snatching,
s.812.131,F.S. |
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-It occurs in an attempt to commit a robbery or in flight after the attempt or commission
or -it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events. |
In the course of committing the robbery,
s. 812.13 (3), F.S. |
