Legal

Front 1

What is the American legal system based on?

Back 1

The American legal system is based primarily on English common law.

Front 2

Define constitutional law.

Back 2

The standards set forth in the Constitution and decisions and interpretations of the Constitution handed down by US District and Supreme Courts.

Front 3

What is statutory law?

Back 3

Written laws enacted by Congress, state legislatures, or local government authorities in response to a perceived need to clarify the function of government. Statutory law includes civil, criminal, administrative, and regulatory laws.

Front 4

Define ordinances.

Back 4

Statues anacted by a municipal or county government.

Front 5

Define criminal law.

Back 5

Within statutory law, some provisions define unacceptable behaviors and government prosecution of those who commit them.

Front 6

What is case law?

Back 6

The body of law formed by the decision of the court system.

Front 7

What is civil law?

Back 7

Pertains to legal action a person takes to resovle a private dispute with another person.

Front 8

What is the Bill of Rights?

Back 8

The first ten amendments to the Constitution. The 4th, 5th, and 6th focus on law enforcement activities.

Front 9

What is the purpose of the Articles of the Constitution?

Back 9

They form the Constitution's main body. Their purpose is to form a contract between the people of the US and the US govenrment that spells out teh responsibilities and authority of the three branches of government.

Front 10

What impact does the supremacy clause have on the enforcement of laws?

Back 10

The supremacy clause states that when laws conflict federal law generally overrules state and local law. State law can be more restrictive than federal law, but it cannot undermine the federal standard.

Front 11

What is the purpose of the Amendments to the Constitution?

Back 11

Their purpose is to ensure that individual rights are not infringed upon by the government.

Front 12

What are the key aspects of the 1st Amendment?

Back 12

The 1st Amendment protects freedom of speech, press, peaceful assembly, and religion.

Front 13

What are the key aspects of the 2nd Amendment?

Back 13

The 2nd Amendment guarantees the right to bear arms.

Front 14

What are the key aspects of the 4th Amendment?

Back 14

The 4th Amendment prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge).

Front 15

What are the key aspects of the 5th Amendment?

Back 15

The 5th Amendment is best known for prohibiting self incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.

Front 16

What are the key aspects of the 6th Amendment?

Back 16

The 6th Amendment guarantees the right to a speedy and public trial, counsel, an impartial jury, to be informed of the nature of the charges, and to confront witnesses.

Front 17

What are the key aspects of the 8th Amendment?

Back 17

The 8th Amendment prohibits excessive bails and fines adn cruel and unusual punishment.

Front 18

What are the key aspects of the 14th Amendment?

Back 18

The 14th Amendment expanded the application of the Bill of Rights to state and local governments as well. Simply put the due process clauses of the 14th Amendment require the government to be fair when taking away someone's life, liberty, or property.

Front 19

What are some potential consequences of an officer violating case law?

Back 19

An officer may risk exclusion of evidence at trial, case dismissal, administrative discipline, civil liability, and criminal prosecution.

Front 20

Define offense.

Back 20

Broadly describes acts that are punishable under Florida law.

Front 21

Define felony.

Back 21

Any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year.

Front 22

What are the different degrees of felonies?

Back 22

Capital Felony-death or life imprisonment without possibility of parole.
Life Felony- up to life imprisonment, a fine of up to 15,000 or both.
1st Degree Felony-maximum penalty of 30 years, a fine of up to 10,000 or both.
2nd Degree Felony- Maximum of up to 15 years, a fine up to 10,000 or both.
3rd Degree Felony- Maximum penalty of 5 years, fine up to 5,000 or both.

Front 23

Define misdemeanor.

Back 23

Is any criminal offense with a maximum incarceration penalty in a county jail up to one year.

Front 24

What are the different degrees of misdemeanors?

Back 24

1st Degree carries a maximum of one year in a county jail, a fine of 1,000 or both.
Second Degree carries maximum of 60 days in county jail, a fine of 500 dollars or both.

Front 25

Define noncriminal violation.

Back 25

An offense for which the only penalty may be a fine, forfeiture, or other civil penalty. Also, known as a civil infraction.

Front 26

What is the maximum punishment for violating a local criminal ordinance?

Back 26

A fine of 500 dollars or up to 60 days incarceration in county jail.

Front 27

What are the four standards of legal justification common to law enforcement?

Back 27

Mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt.

Front 28

Define consensual encounter.

Back 28

Occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, not a 4th amendment seizure.

Front 29

What actions can an officer take while maintaining the consensual nature of the encounter?

Back 29

The Constitution doesn't prohibit officers from approaching pedestrians or motorists and engaging them in conversation by asking them if they are willing to answer questions, questioning them if they are willing to listen, or offering voluntary answers to such questions as evidence in any criminal prosecution.

Front 30

What questions will the court ask when considering whether the encounter was truly consensual?

Back 30

Was the individual physically stopped or restrained by the officer?
Was the individual restricted from leaving at any time during the encounter?
Individuals freedom of movement restricted?
Was officer doing more than just asking questions...such as making demands?

Front 31

What legal justification is needed for an officer to conduct a consensual encounter?

Back 31

A consensual encounter may be based on mere suspicion or no suspicion at all.

Front 32

Define mere suspicion.

Back 32

Sometimes describe as a hunch or gut feeling based on law enforcement training and knowledge.

Front 33

Define reasonable suspicion.

Back 33

Is the standard of justification needed to support a legal stop or investigative detention where an officer can articulate the facts that support a suspicion of a law violation. The facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime.

Front 34

What actions may an officer take based upon reasonable suspicion?

Back 34

The duration of a Terry stopis limited to the time reasonably necessary to accomplish the purpose of the stop. During the stop the officer may not require the person to move from the location of the stop or its immediate vicinity. An officer may lawfully use force during an investigatory stop if he or she reasonably believes it protects his or her safety or the public's safety. Handcuffs may be used if reasonably necessary, but officer must be able to articulate the reasons that force or restraints were necessary.

Front 35

What is needed to justify an officer in frisking a person for weapons?

Back 35

If the officer has reasonable suspicion that the detained person is armed and a danger to the officer or others, the officer may frisk the person for weapons.

Front 36

What is a pretext stop?

Back 36

A stop made by an officer on the basis of a traffic infraction when there is not enough information for reasonable suspicion to make the stop but for the objective purpose of looking inside the vehicle for evidence of criminal activity.

Front 37

Define probable cause.

Back 37

Is a fair probability or reasonable grounds to believe that a crime was committed, based on the totality of the circumstances.

Front 38

What is the totality of circumstances test?

Back 38

In deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. This is known as the totality fo the circumstances test.

Front 39

What information and evidence may an officer rely upon when establishing probable cause?

Back 39

An officer may rely on many types of information and evidence. The officer is not limited by the rules of evidence used in criminal trials. Information used to formulate reasonable suspicion and probable cause must be specific.

Front 40

What sources of information has the court permitted officers to utilize when establishing probable cause?

Back 40

The fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, lineups, and show-ups.

Front 41

What is needed for an anonymous tip to be relied upon by an officer to take action?

Back 41

The information must have some indication of reliability and must be corroborated before the officer may rely upon it. The reliability is rooted in how specific the information given and whether it can be corroberated by an officer.

Front 42

What is needed for information from a confidential informant to be used by an officer to take action?

Back 42

The information must have been substantiated as credible and reliable. Information can be substantiated if the informant has given reliable information in the past or if it is independently corroborated.

Front 43

Can probable cause be based upon identifications from photo arrays and live lineups?

Back 43

Yes.

Front 44

Define proof beyond a reasonable doubt.

Back 44

A reasonable doubt is not a mere possible doubt, a speculative, imaginary, or forced doubt. If after carefully considering, comparing, weighing the evidence, your belief of an individual guilt wavers and vacillates you must find the defendant not guilty.

Front 45

Define fellow officer rule.

Back 45

Involves relying on the collective knowledge of other officers in taking law enforcement action. An example would be making an investigatory stop based on a BOLO.

Front 46

When may an investigatory stop be made by an officer?

Back 46

May be made only if the officer has reasonable suspicion that the person stoppedwas committing, is committing, or is about to commit a law violation.

Front 47

What is a live lineup?

Back 47

Is the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a nonsuggestive manner for the purpose of identification.

Front 48

What is a photo array?

Back 48

Is a presentation to a victim or witness of a series of photographs in a nonsuggestive manner for the purpose of identification of a suspect. Generally consists of a minimum of 6 photographs that have similar backgroundsand portray persons of similar age, race, hair color, facial hair, ect.

Front 49

What is a show up?

Back 49

Occurs when an officer locates a suspect a short time after the commission of an offense and attempts to get a one on one identification in the field by a victim or witness.

Front 50

What is the purpose of the 4th Amendment?

Back 50

Is to protect poeple from governmental intrusion in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances.

Front 51

Define search.

Back 51

Occurs when the government intrudes into a place where a person has a reasonable expectation of privacy.

Front 52

Define seizure.

Back 52

Occurs when the government affects a person's right to have or control his or her property, usually by physically taking it.

Front 53

What is a search warrant?

Back 53

Is a court order that authorizes law enforcement to conduct a search and seizure.

Front 54

What are the legal requirements for a valid search warrant?

Back 54

It must be authorized and signed by a neutral magistrate or judge. The warrant must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched. The basis of the information in the affidavit must come from reliable sources. The search warrant must particularly describe the person or place to be searched and/or items to be seized.

Front 55

What is the exclusionary rule?

Back 55

The Supreme Court has ruled that evidence obtained by the government in violation of the Constittution cannot be used as evidence in court.

Front 56

What is the Good Faith Doctrine?

Back 56

If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted.

Front 57

What are the exceptions to the search warrant requirement that require probable cause?

Back 57

(1) Plain View; (2) Mobile Conveyance; (3) Destruction of Evidence; (4) Fresh Pursuit; (5) Emergeny Scen

Front 58

What are the exceptions to the search warrant requirement that require less than probable cause?

Back 58

(1) Stop and Frisk; (2) Incident to Arrest; (3) Consent; (4) Inventory; (5) Administrative Searches.

Front 59

What are two search types that are often considered exceptions but are not technically searches due to lack of expectation of privacy being present?

Back 59

Those are searches of abandoned property and open fields.

Front 60

How does the court distinguish between open fields and curtilage?

Back 60

Whether particular property is an open field or curtilage depends upon the steps the occupant has taken to create an expectatio of privacy and its common use. Fenced and posted fields are given a higher degree of constitutional protection than areas that do not have such improvements.

Front 61

What is needed for an officer to utilize the plain view exception?

Back 61

(1) The officer must be lawfully present in the place where he or she sees the item. (2) The item is in plain sight; (3) The officer has probable cause to believe the item is contraband or crime evidence (criminal nature of seized item must be immediately apparent).

Front 62

What is needed for an officer to utilize the mobile conveyance exception?

Back 62

Probable cause is required for a mobile conveyance search. If the facts and circumstances provide probable cause that the trunk contains contraband, the officers may only search the trunk. If it applies only to the glove department, the officer may only search the glove department.

Front 63

What is needed for an exigent circumstance exception to permit an officer to proceed without a warrant?

Back 63

Exigent circumstances are certain emergencies such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrantless entry. If an officer has probable cause to believe that contraband or evidence is in immediate danger of being destroyed, the officer need not obtain a warrant before seizing the contraband or evidence.

Front 64

What is needed to justify a Terry frisk on a subject?

Back 64

The two elements necessary for a lawful pat down or frisk are (1) the subject is lawfully detained; and (2) the officer has reasonable suspicion to believce that the subject possesses a dangerous weapon.

Front 65

What is needed for an officer to utilize the plain touch/feel doctrine?

Back 65

The officer must be able to articulate that, based upon his or her training and experience, he or she immediately recognized the item as contraband. Plain touch/feel does not permit any manipulation or groping of the object in an effort to identify it as contraband.

Front 66

What is the permissible scope of a search incident to arrest?

Back 66

The scope of a search incident to arrest is the arrestee's person and the areas "within the immediate control of the arrestee" at the time of the arrest. A search incident to arrest may also include a vehicle in which the arrested person was a passenger just before the arrest. Officers may search the passenger compartment of a vehicle incident to the arrest of an occupant only when the arrestee is unsecured and the passenger compartment is within reaching distance of the arrestee or if it is reasonable to believe the vehicle contains evidence of the crime for which the subject was arrested.

Front 67

What is needed for a search to be valid based upon consent?

Back 67

If the consent is knowing adn voluntary and the person giving the consent has the authority to do so, then the search is valid, and any evidence obtained can be used in court. Voluntary means the consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of lawful authority. Reasonable person would believe they could refuse. Officers do not need to advice people that they have the right to refuse.

Front 68

What is needed for an inventory search to be deemed valid without the use of a warrant?

Back 68

To be valid, inventory searches require a written department policy that spells out when and how the inventory search must be done. The search must occur at about the same time as the impoundment of the vehicle, and it must be done in compliance with the written department policy.

Front 69

Why are administrative searches an exception to the warrant requirement?

Back 69

Administrative searches generally do not require a warrant due to the setting or special conditions. Administrative searches generally do not require warrants because they are for administrative or regulatory purposes and usually are not conducted by law enforcement personnel.

Front 70

What is the permissible scope of a constitutional search?

Back 70

The scope of constitutional searches is limited to the items being searched. Once items are found, the search must stop. The nature of the search should be based on the item the officer expects to find. If looking for stolen refrigerator shouldn't be searching in drawers.

Front 71

Whether conducting a search using a warrant or acting under a legally recognized exception, case law and statutes allow officers to search for what items?

Back 71

Dangerous weapons; Fruits of the crime; Instruments of the crime; Contraband; Evidence relevant to proving the commission of a felony; Items defined by statute; Suspects.

Front 72

What is the Florida Contraband Forfeiture Act?

Back 72

Florida statute gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles. Contraband articles include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity.

Front 73

Define curtilage.

Back 73

The enclosed space of ground and outbuildings immediately surrounding a structure.

Front 74

What statute provides an officer in Florida the authority to amke an arrest?

Back 74

Chapter 901, Florida statutes, gives officers the authority to make an arrest.

Front 75

Define arrest.

Back 75

Depriving a person of his or her liberty by legal authority.

Front 76

What are the two types of arrest?

Back 76

Arrest with a warrant. Arrest without a warrant.

Front 77

Define arrest warrant.

Back 77

Is a court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant.

Front 78

What are the four situations that an officer in Florida can make a warrantless arrest?

Back 78

(1) The person has committed a felony or misdemeanor or violated a county or municipal ordinance in the presence of the officer. (2) A felony has been committed outside of the officer's presence, but the officer has probable cause to believe the person committed it. (3) A warrant for arrest has been issued and is being held by another enforcement officer or agency. (4) The misdemeanor exceptions that don't need to be committed within the officer's presence.

Front 79

What are the misdemeanor exceptions that allow an officer to make an arrest without witnessing the misdemeanor being committed?

Back 79

(1) Carrying a firearm in violation of an injunction; (2) Battery; (3) Act of retail theft; (4) Traffic offense related to crash investigation; (5) Carrying a concealed weapon; (6) Disorderly conduct on premises of establishment; (7) Theft from a dining or lodging establishment; (8) Trespass on school grounds; (9) Possession of cannabis <20 grams; (10) Stalking; (11) Transit fare evasion; (12) Contributing to the delinquency/dependency of a minor; (13) Criminal Mischief; (14) Trespass on certain properties; (15) Act of domestic violence; (16) VIolation of an injunction for protection.

Front 80

Define notice to appear.

Back 80

Is a written order that may be issued by an officer in lieu of physical arrest requiring a person accused of violating the law to appear in court at a specified date and time.

Front 81

What is fresh pursuit?

Back 81

Is a legal doctrine that permits an officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. It is an exception to the general rule that an officer's arrest powers are limited to the jurisdiction of the agency that employs the officer.

Front 82

What circumstances are required to make a fresh pursuit arrest into another jurisdiction?

Back 82

The offense must have occurred within the pursuing officer's jurisdictional boundaries. If a criminal offense was committed for which a probable cause arrest may be made the officer may leave his jurisdiction to arrest the suspect. Pursuit must be continuous and uninterrupted; pursuing officer doesn't need to maintain constant visual contact before making the arrest. Commission of crime and pursuit must be closely related in time. Arresting officer must notify officer in charge of jurisdiction where arrest is made and take suspect before trial judge in the county where arrest occurred.

Front 83

What was the importance of the Miranda decision to law enforcement?

Back 83

Until the Miranda case, it was presumed that people knew their Constitutional rights. The Miranda decision put the burden of explaining the 5th and 6th Amendment rights on the officer. Failure to inform person of their rights during custodial interrogation may result in an inadmissibility of an admission or confession.

Front 84

What are the key aspects of the Miranda decision?

Back 84

These rights include the right to remain silent and the right to have an attorney present when being questioned by an officer. If the officer fails to follow rules set forth in Miranda, any statement or admission obtained from the interview cannot be used in court.

Front 85

When are Miranda warnings required?

Back 85

The Miranda requirements are necessary whenever the officer conducts a custodial interrogation.

Front 86

When is someone considered to be in custody for Miranda purposes?

Back 86

Custody means the suspect is deprived of freedom in a significant way. Generally, interviews at the scene or field sobriety exercises are not considered custody. Handcuffing or otherwise restricting his or her movement so that they are not free to leave is considered custody. Court ask two questions: (1) what were the facts and circumstances surrounding the interrogation; (2) given those circumstances would a reasonable person hae feel free to terminate the interrogation and leave?

Front 87

What constitutes an interrogation within the framework of the Miranda decision?

Back 87

The interrogation element of Miranda is satisfied whenever a law enforcement officer is questioning a suspect about criminal activity. The elements of interrogation include questioning initiated by an officer that is directly or indirectly intended to elicit an incriminating response.

Front 88

How should an officer advise someone of their Miranda rights?

Back 88

Once the Miranda warnings are required, the rights should be read one at a time from an agency provided Miranda card. Law doesn't require Miranda warnings to be read identically every time they are given, but officers should get in habit of reading from card.

Front 89

What is required for a suspect to waive his or her Miranda rights?

Back 89

A waiver is required before questioning may commence. The waiver ensures that suspect understands his or her rights adn will speak with the officer. Written waiver preferred, but not required. A waiver can be verbal or even implied. Waiver must be freely and voluntarily given. Officer can't make any promises or coerce the defendant in order to obtain a confession.

Front 90

What is an advice of rights form?

Back 90

In addition to a Miranda card, agencies may provide their officers with an Advice of Rights form. This form when signed by the person receiving rights, greatly aids in proving those rights were validily given and understood by that person.

Front 91

How does the invocation of rights by a suspect affect an officer's ability to interrogate?

Back 91

If the suspect makes a clear and unequivocal request to invoke any of his or her rights under Miranda, all questioning must cease immediately. If suspect only invokes right to remain silent, the officer may re-initiate the interview after a significant lapse of time. If suspect requests an attorney no further questioning will be permitted until attorney is present.

Front 92

What restrictions are placed on police interview tactics?

Back 92

Florida law gives officers a substantial amount of discretion in conducting interviews and interrogations. While officers are allowed to be deceptive to a point, there are limitations on what an officer may say during an interview. Officers can't make threats, promise leniency, and creating physical evidence for use during the interview. These examples are considered gross deception and will result in suppression of admissions or confessions.

Front 93

How do you determine if a crime has been committed?

Back 93

To determine if a crime has occurred, an officer must determine whether elements of a criminal act are present.The officer must have probable cause to believe that a crime has been committed (corpus delicti or “body of the offense”) and that the person to be charged committed the crime. Generally, to prove that a crime has been committed, it must be shown that a criminal statute specifically prohibits the alleged act or omission and that the person committing
the act or omission did so knowingly or intentionally.

Front 94

Define intent.

Back 94

Intent is defined as purposely doing what the law declares to be a crime. It is generally
accepted that a person intends the result of his or her actions if the person consciously
desires a particular result to occur or if the person knows that the result is practically
certain to follow from his or her conduct, regardless of a desire for the result.

Front 95

What are the four categoies of criminal intent?

Back 95

Under criminal law principles, there are four basic classifications of intent: general, specific, transferred, and criminal negligence.

Front 96

Define general intent.

Back 96

General intent defines most criminal offenses, which require some forbidden act by
the offender. To qualify as an act, the offender’s bodily movement must be voluntary.
Therefore, to some extent, all crimes requiring an act also require at least the offender’s
intention to make the bodily movement, which becomes the act to commit the criminal
offense. For example, resisting a law enforcement officer with violence is a general intent crime.

Front 97

Define specific intent.

Back 97

Specific intent requires more than reasonable expectation of the result. Specific intent
designates a special mental element of intention to cause a particular result, which is required over and above any mental state required for the offender to commit the act.
A specific intent crime will list in the statute the specific elements which must be met.
For example, burglary is a specific intent crime.

Front 98

Define transferred intent.

Back 98

Transferred intent is present when an intentional act harms an unintended second victim. For example, a person intending to illegally shoot one victim unintentionally misses and strikes a second victim.

Front 99

Define criminal negligence.

Back 99

Imposes criminal liability on a defendant when he or she did not intend for his or her behavior to cause the resulting harm at all. Simple negligence
cannot give rise to criminal charges; it is only when that negligence is gross or flagrant
that it reaches the level of criminal responsibility called culpable negligence. Culpable
negligence is consciously doing an act that the person knew or should have known was likely to cause injury.

Front 100

Define corpus delicti.

Back 100

A latin term meaning the "body of the offense" describing the legal principle that claims must be proven that a crime has occurred before a person can be convicted of committing that crime.

Front 101

What are the elements of the crime of theft?

Back 101

1. The offender knowingly and unlawfully obtained or used or endeavored to
obtain or use the property of another.
2. The offender did so with intent, either temporarily or permanently, to deprive
victim of his or her right to the property or any benefit from it with the intent
to deprive the victim of its use, or appropriate the property of the victim to his
or her own use or to the use of any person not entitled to it.

Front 102

What are the elements of the crime of retail theft?

Back 102

1. The offender knowingly did the following:
a. took possession of or carried away merchandise
b. altered or removed a label or price tag from merchandise
c. transferred merchandise from one container to another
d. removed a shopping cart from a merchant’s premises
2. The offender intended to deprive the merchant of the possession, use, benefit,
or full retail value of the merchandise or shopping cart.

Front 103

What are the elements of the crime of robbery?

Back 103

1. The offender took the money or property from the victim or custody of the
victim.
2. Force, violence, assault, or putting in fear of violence was used in the course of
the taking.
3. The property taken was of some value.
4. The taking was with the intent to permanently or temporarily deprive the victim
of his or her right to the property or any benefit from it.
The difference between theft and robbery involves the use of force or threat of force
against a person.

Front 104

What are the elements of the crime of burglary?

Back 104

1. The offender entered and/or remained in a structure or conveyance owned by
or in the possession of the victim.
2. The offender did not have the permission or consent of the victim, or anyone
authorized to act for the victim, to enter and/or remain in the structure or
conveyance at the time.
3. At the time of entering and/or remaining in the structure or conveyance, the
offender had a fully formed, conscious intent to commit the crime that is listed
in the charge. A burglary involves an entry into some place without permission to enter in order to
commit a crime therein. Burglary can be charged in addition to the underlying crime such as theft or assault.

Front 105

What are the elements of the crime of trespass in structure or conveyance?

Back 105

1. The offender willfully entered or remained in structure or conveyance
alleged, or having been authorized, licensed, or invited to enter or remain in
structure or conveyance alleged, willfully refused to depart after having been
warned by owner or lessee or person authorized by the owner or lessee alleged
to depart.
2. The structure or conveyance alleged was in the lawful possession of person alleged.
3. The offender’s entering or remaining in the property was without the permission,
expressed or implied, of the person alleged or any other person authorized to
give that permission.

Front 106

What are the elements of the crime of trespass on property?

Back 106

1. The offender willfully entered or remained in property alleged.
2. The property was owned by or in the lawful possession of person alleged.
3. Notice not to enter upon or remain in that property had been given by actual
communication to the offender or via posting, fencing, or cultivation of the property.
4. The offender’s entering or remaining in the property was without permission,
expressed or implied, of person alleged or any other person authorized to give
that permission.

Front 107

What are the elements of loitering and prowling?

Back 107

1. The offender loitered or prowled in a place at a time or in a manner not usual
for law-abiding individuals.
2. Such loitering and prowling was under circumstances that warranted justifiable
and reasonable alarm or immediate concern for the safety of persons or property
in the vicinity.

Front 108

What are the elements of assault?

Back 108

1. The offender intentionally and unlawfully threatened, either by word or act, to
do violence to the victim.
2. At the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that
the violence was about to take place.

Front 109

What are the elements of aggravated assault?

Back 109

1. The offender intentionally and unlawfully threatened, either by word or act, to
do violence to the victim.
2. At the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that
the violence was about to take place.
4. The assault was made with a deadly weapon without the intent to kill, or the
assault was made with the intent to commit a felony.

Front 110

What are the elements of assault on a police officer?

Back 110

1. The offender intentionally and unlawfully threatened, either by word or act, to
do violence to the victim.
2. At the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that
the violence was about to take place.
4. The victim was at the time a law enforcement officer, firefighter, emergency medical care provider, law enforcement explorer, public transit employee or
agent, or other specified officer.
5. The offender knew the victim was a law enforcement officer, firefighter,
emergency medical care provider, law enforcement explorer, public transit
employee or agent, or other specified officer.
6. At the time of the assault, the victim was engaged in the lawful performance of
his duties.

Front 111

What are the elements of the crime of battery?

Back 111

1. The offender actually and intentionally touched or struck the victim against the
victim’s will.
2. The offender intentionally caused bodily harm to the victim.

Front 112

What are the elements of the crime of felony battery?

Back 112

1. The offender actually and intentionally touched or struck the victim against the
victim’s will.
2. The offender caused the victim great bodily harm, permanent disability, or
permanent disfigurement.

Front 113

What are the elements of the crime of aggravated battery?

Back 113

1. The offender intentionally touched or struck the victim against his or her will
or caused bodily harm to the victim.
2. The offender in committing the battery
a. intentionally or knowingly caused great bodily harm, permanent disability, or
permanent disfigurement to the victim, or
b. used a deadly weapon, or
c. knew or should have known that the victim was pregnant

Front 114

What are the elements of the crime of battery on an officer?

Back 114

1. The offender intentionally touched or struck the victim against his or her will
or caused bodily harm to the victim.
2. The victim was a law enforcement officer or a firefighter (or other
specified person).
3. The offender knew the victim was a law enforcement officer or a firefighter (or
other specified person).
4. The victim was engaged in the lawful performance of his or her duties when the
battery was committed.

Front 115

Define domestic violence.

Back 115

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual
battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
criminal offense resulting in physical injury or death of one family or
household member by another. Florida Statutes, defines family or household member as:
Spouses, former spouses, persons related by blood or marriage, persons who
are residing together as if a family, or who have resided together in the past as
if a family, and persons who are parents of a child in common regardless of
whether they have been married. With the exception of persons who have a
child in common, the family or household members must be currently
residing together or have in the past resided together in the same single
dwelling unit.

Front 116

What are the elements of the various levels of homicide?

Back 116

Need to review distinctions.

Front 117

What are the elements of the crime of disorderly conduct?

Back 117

1. The act was of a nature to corrupt the public morals.
2. The act outraged the sense of public decency.
3. The act affected the peace and quiet of persons who witnessed it.
4. The person charged engaged in brawling or fighting.
5. The person charged engaged in any such conduct as to constitute a breach of
peace or disorderly conduct.

Front 118

What are the elements of the crime of disorderly intoxication?

Back 118

1. The offender was intoxicated and endangered the safety of another person or
property; or
2. The offender was intoxicated or drank any alcoholic beverage in a public place
or in or upon a public conveyance and caused a public disturbance.

Front 119

What are the elements of the crime of open house party?

Back 119

1. An adult was in control of the residence.
2. The adult knowingly allows a social gathering.
3. The possession or consumption of alcoholic beverages or controlled substances
by one or more minors occurs during the gathering.

Front 120

What are the elements for the crime of selling or giving alcohol to a person under 21?

Back 120

1. The defendant sold, gave, or served
2. an alcoholic beverage
3. to a person under the age of 21.

Front 121

What are the elements of the crime of possession of tobacco by a person under 18?

Back 121

1. The defendant is under 18.
2. The defendant has in his or her possession a tobacco product.

Front 122

What are the elements of the crime of selling, delivering, bartering, furnishing, or giving tobacco products to person under 18?

Back 122

1. The defendant sold, delivered, bartered, furnished, or gave
2. to a person under 18
3. any tobacco product.

Front 123

What are the elements of the crime of sale and/or delivery of controlled substance with intent?

Back 123

1. The offender sold, purchased, manufactured, delivered, or possessed with intent
to sell, purchase, manufacture, or deliver a certain substance.
2. The substance was the specific substance alleged.
3. The offender had knowledge of the presence of the substance.

Front 124

What are the elements of the crime of possession of controlled substance?

Back 124

1. The offender possessed a certain substance.
2. The substance was the specific substance alleged.
3. The offender had knowledge of the presence of the substance.
*for possession of marijuana less than 20 grams

Front 125

What are the elements of the crime of possession of drug paraphernalia?

Back 125

1. The offender used or had in his or her possession with intent to use drug
paraphernalia.
2. The offender had knowledge of the presence of the drug paraphernalia.

Front 126

What are the elements of the crime of resisting an officer with violence?

Back 126

1. The offender resisted, obstructed, or opposed the victim (officer).
2. At the time, the victim (officer) was engaged in the execution of legal process or
the lawful execution of a legal duty.
3. At the time, the victim was an officer.

Front 127

What are the elements of the crime of resisting an officer without violence?

Back 127

1. The offender knowingly and willfully resisted, obstructed, or opposed the victim
(officer) by offering to do him or her violence or by doing violence to him or her.
2. At the time, the victim (officer) was engaged in the execution of legal process or
lawful execution of a legal duty.
3. At the time, the victim was an officer.

Front 128

What are the elements of the crime of stalking?

Back 128

The State must prove that the offender willfully, maliciously, and repeatedly followed,
harassed, or cyber-stalked the victim to achieve a conviction.
Harass means to engage in a course of conduct directed at a specific person that
causes substantial emotional distress in such person and serves no legitimate purpose.
Cyber-stalk means to engage in a course of conduct to communicate or cause to
be communicated, words, images, or language by or through the use of electronic
mail or electronic communication, directed at a specific person, causing substantial
emotional distress to that person, and serving no legitimate purpose.

Front 129

What are the elements of the crime of sexual battery?

Back 129

1. The victim was 12 years of age or older.
2. The offender committed an act upon or with the victim in which the sexual
organ of the offender or victim penetrated or had union with the anus, vagina,
or mouth of the victim or the offender, or the offender committed an act upon
the victim in which the anus or vagina of the victim was penetrated by an object.
3. The act was committed without the consent of the victim.
Consent means intelligent, knowing, and voluntary consent and does not
include coerced submission.
Sexual battery means 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.

Front 130

What are the elements of the crime of carrying concealed weapon?

Back 130

1. The defendant knowingly carried on or about his or her person the
weapon alleged.
2. The weapon alleged was concealed from the ordinary sight of another person.

Front 131

What are the elements of the crime of criminal mischief?

Back 131

1. The offender injured or damaged property.
2. The property belonged to person alleged.
3. The injury or damage was done willfully and maliciously.

Front 132

What are the elements of the crime of forgery?

Back 132

1. The offender falsely made, altered, forged or counterfeited a document (specified
in statute).
2. The offender intended to injure or defraud some person or firm.
It is not necessary that the defendant intended to use the document or to profit himor
herself from its use. It is sufficient if he or she intended that some person would use
it to injure or defraud.

Front 133

What are the elements of the crime of uttering a forged instrument?

Back 133

1. The offender passed or offered to pass as true a document (specified in statute).
2. The offender knew the document to be false, altered, forged, or counterfeited.
3. The offender intended to injure or defraud some person or firm.

Front 134

What are the elements of the crime of uttering a worthless check?

Back 134

1. The offender drew, made, uttered, issued or delivered the check admitted
in evidence.
2.When the offender did so, there was not sufficient money on deposit in the bank
to pay the check.
3. The offender knew when he wrote the check that he did not have sufficient
money on deposit with the bank.
4. The offender knew he had no arrangement or understanding with the bank for
the payment of the check when it was presented.
5. The check was in the amount of __________.*
Even if all these elements are proved, the offender is not guilty if any of the following
three defenses is proved: 1. The payee or holder knew that the offender’s funds and credit at the bank at the
time the check was given were insufficient to pay the check; or
2. The payee or holder had good reason to believe that the offender’s funds and
credit at the bank at the time the check was given were insufficient to pay the
check; or
3. The check was post-dated.

Front 135

Define the various crimes of elderly abuse.

Back 135

Need to review.

Front 136

What are the elements of the crime of child abuse?

Back 136

1. The defendant committed at least one of the following:
a. intentionally inflicted physical or mental injury upon the victim
b. committed an intentional act that could reasonably be expected to result in
physical or mental injury to the victim
c. actively encouraged another person to commit an act that results in or could
reasonably have been expected to result in physical ormental injury to the victim
2. The victim is under the age of 18.

Front 137

What are the elements of the crime of kidnapping?

Back 137

The State must prove the following elements to convict a suspect of kidnapping:
1. The defendant forcibly or secretly or by threat confined, abducted, or
imprisoned the victim against his or her will.
2. The defendant had no lawful authority.
3. The defendant acted with intent to
a. hold for ransom or reward or as a shield or hostage, or
b. commit or facilitate commission of (applicable felony), or
c. inflict bodily harm upon or to terrorize the victim or another person, or
d. interfere with the performance of any governmental or political function
In order to be kidnapping, the confinement, abduction, or imprisonment: a. must not be slight, inconsequential, or merely incidental to the felony,
b. must not be of the kind inherent in the nature of the felony, and
c. must have some significance independent of the felony in that it makes the felony
substantially easier of commission or substantially lessens the risk of detection

Front 138

What are the elements of the crime of false imprisonment?

Back 138

1. The defendant forcibly or secretly or by threat confined, abducted, or
imprisoned the victim against his or her will.
2. The defendant had no lawful authority.

Front 139

What are the elements of the crime of luring and enticing a child?

Back 139

A person 18 years of age or older (misdemeanor)
1. intentionally lures or entices, or
2. attempts to lure or entice,
3. a child under the age of 12
4. into a structure, dwelling, or conveyance for other than a lawful purpose

Front 140

What are the elements of the crime of human trafficking?

Back 140

1. The defendant engaged or attempted to engage in human trafficking with the
intent or knowledge that the trafficked person would be subjected to forced
labor or services, or
2. The defendant benefited financially by receiving anything of value from
participation in a venture that subjected a person to forced labor or services.

Front 141

What are the elements of the crime of human smuggling?

Back 141

1. The defendant transported into this state a person from another country who
does not have authorization to enter the United States legally.
2. The defendant knew or should have known that the person does not have
authorization to enter the United States legally.

Front 142

Define consent.

Back 142

Consent means intelligent, knowing, and voluntary consent and does not
include coerced submission.

Front 143

Define conveyance.

Back 143

Conveyance means any motor vehicle, ship, vessel, railroad car, trailer, aircraft,
or sleeping car; to enter a conveyance includes taking apart any portion of
the conveyance.

Front 144

Define cyber-stalk.

Back 144

Cyber-stalk means to engage in a course of conduct to communicate or cause to
be communicated, words, images, or language by or through the use of electronic
mail or electronic communication, directed at a specific person, causing substantial
emotional distress to that person, and serving no legitimate purpose.

Front 145

Define human trafficking.

Back 145

Human trafficking means transporting, soliciting, recruiting, harboring,
providing, or obtaining another person for transport.

Front 146

Define structure.

Back 146

Structure means any building of any kind, either temporary or permanent, which
has a roof over it, and the enclosed space of ground and outbuildings immediately
surrounding that structure.

Front 147

Define witness.

Back 147

A witness is any person who has information about some element of the crime or about
evidence or documents related to the crime.

Front 148

Define victim.

Back 148

A victim is a witness who suffers an injury as a result of a crime.

Front 149

Define suspected perpetrator.

Back 149

A suspected perpetrator, or suspect, is the person believed to have committed a
crime.

Front 150

Define principal in the first degree.

Back 150

If the defendant
helped another person or persons commit or attempt to commit a crime, the defendant
is a principal and must be treated as if he or she had done all the things the other
person or persons did if the defendant had a conscious intent that the criminal act be
done; and the defendant did some act or said some word which was intended to and
which did incite, cause, encourage, assist, or advise the other person or persons to
actually commit or attempt to commit the crime. To be a principal in the first degree,
a person does not have to be present when the crime is actually committed or attempted.

Front 151

Define accessory after the fact.

Back 151

(1) An offender commits a felony.
(2) After the felony, another person maintains or assists the offender. (3)While giving
assistance, the person knows that the offender committed the felony. (4) The person
assists with the intent of helping the offender avoid or escape detection, arrest, trial,
or punishment.

Front 152

Define attempt.

Back 152

Attempt is an offense when either the person did some act toward committing the
crime that went beyond just thinking or talking about it; or the person would have
committed the crime except that someone or something prevented him or her from
doing so, or the person failed (IN026.2.C.). However, it is not an attempt if a person
abandons the attempt to commit the offense or otherwise prevents the commission of
the crime. Circumstances must show that the person completely and voluntarily gave
up his or her criminal purpose.

Front 153

Define solicitation.

Back 153

1. The offender solicited a person to commit a certain offense.
2. During solicitation, the offender commanded, encouraged, hired, or requested
the other person to engage in specific conduct which would constitute the
commission of the offense or attempt to commit the offense.

Front 154

Define conspiracy.

Back 154

1. The intent of the offender was that the offense (object of conspiracy) would
be committed.
2. In order to carry out the intent, the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause (object of conspiracy) to be
committed either by them, or one of them, or by some other person. It is not necessary that agreement, conspiracy, combination, or confederation to commit
(object of conspiracy) be expressed in any particular words or that words pass between
the conspirators. It is not necessary that the defendant do any act in furtherance of the
offense conspired.
Conspiracy requires two or more parties with a criminal intent; therefore, if one of the
two conspiring parties is a law enforcement officer or agent, then a conspiracy does not
exist. It is a defense to the charge of criminal conspiracy that a person, after conspiring
with one or more persons to commit a crime, convinced another not to do so or in
some other way prevented commission of the crime.

Front 155

Define accessory.

Back 155

An accessory is defined as a person who aids or contributes in the commission or concealment of a crime.

Front 156

Define alibi.

Back 156

An alibi is a suspect or defendant’s claim that he or she was not present when the alleged
act was committed.

Front 157

How can mistake or ignorance of fact be a legal defense of criminal responsibility?

Back 157

Mistake or ignorance of fact is a legal defense that is used when the accused does not
possess the mental state required to commit a criminal offense because of a reasonably
mistaken belief about the facts relating to the circumstances. It is not to be confused with
diminished mental capacity or insanity. A defendant who does not have the intent
necessary to commit the crime cannot be convicted. There is a special exception to this legal defense for controlled substances. Possession of
a controlled substance presumes knowledge of the illicit nature of the substance, and the
person in possession is therefore presumed guilt.

Front 158

When can intoxication be a legal defense of criminal responsibility?

Back 158

Intoxication is a legal defense in limited circumstances when it negates an essential
element of the crime, such as the ability to form criminal intent in the commission of
certain offenses (IN023.4.A.3.). The defendant may argue the same defense as insanity.
Intoxication is not a defense for offenses such as DUI and disorderly intoxication (in
which being intoxicated is an element of the crime) or when an individual argues that
he or she would not have committed the crime if sober. Usually, intoxication as a defense
occurs when a person is so intoxicated as to be incapable of forming the necessary intent
for the crime.

Front 159

How cna duress or coercion be a legal defense of criminal responsibility?

Back 159

A person who faces a threat from another and commits a criminal act in response may
have the legal defense of duress or coercion. This defense requires that the person
committing the act must reasonably believe that the only way to avoid death or great
bodily harm to self or a third party is to commit the crime. The person under duress is
faced with the choice between the lesser of two evils and chooses to commit the lesser
criminal act to avoid the threatened greater criminal act (IN023.4.A.4.). Duress is never
a defense to an intentional homicide or the killing of an innocent third party.

Front 160

Can defense of property be used as a legal defense of criminal responsibility?

Back 160

Defense of property is a common legal term describing a person’s authority to take
reasonable steps, including the use of force (except deadly force) to the extent that a
person reasonably believes is necessary to protect his or her possessions from trespass or
theft or to terminate these acts.

Front 161

When is entrapment applicable as a legal defense?

Back 161

Entrapment occurs when a law enforcement officer uses undue persuasion or
fraudulent means to induce a person to commit a crime he or she would not have
otherwise committed. Entrapment can be used as a legal defense in these cases. In order
to use the defense of entrapment, the defendant must admit that he or she committed
the crime.

Front 162

When is insanity applicable as a legal defense?

Back 162

Insanity is defined legally as any mental disorder so severe that it prevents a person
from having legal capacity and excuses the person from criminal or civil responsibility.
When using an insanity defense, the accused alleges that he or she suffered from a mental
disorder at the time the crime was committed and that the disorder caused the
commission of the crime. A person is not criminally responsible if, at the time of the alleged crime, the
defendant, by reason of a mental disease or defect, (1) does not know of the
nature or consequences of his or her act; or (2) is unable to distinguish right
from wrong.

Front 163

When is mental incompetence permitted as a legal defense?

Back 163

The legal defense of mental incompetence recognizes that a criminal defendant will
be judged on his or her present ability to assist counsel by participating in the criminal
defense. A person deemed mentally incompetent at the time of trial cannot legally stand
trial or testify. It is possible for a person to regain competence, at which time the person
would be required to stand trial for the crimes charged.

Front 164

When would the statute of limitations bar prosecution of certain cases?

Back 164

Prosecution must begin within four years after the commission of a felony of the first degree and within three years
after the commission of any other felony. Prosecution must begin within two years after
the commission of a misdemeanor of the first degree and within one year after the
commission of a misdemeanor of the second degree or a noncriminal offense.

Front 165

Where are the basic concepts and rules of evidence located?

Back 165

The Florida Evidence Code, found in Chapter 90 of the Florida statutes, provides the basic concepts and rules of evidence that may be used in a criminal or civil proceeding.

Front 166

Define evidence.

Back 166

Evidence is anything that tends to prove or disprove the
existence of a fact (LE089b.5.A.1.). There is a legal distinction between evidence and
proof. Evidence is information that is allowed in court, while proof is the effect
produced by that information.

Front 167

Define direct evidence.

Back 167

Direct evidence is that
which proves a fact without an inference or presumption and which, if true in itself,
conclusively establishes that fact. Examples of direct evidence that someone was speeding
would be the admission by the driver that he was speeding, speed measurement device
results, and testimony from eyewitnesses to the speeding.

Front 168

Define indirect or circumstantial evidence.

Back 168

Circumstantial or indirect evidence requires an inference or presumption to
establish a fact.

Front 169

What are the three primary categories of evidence?

Back 169

Evidence presented in court can be placed into one of three primary categories:
testimonial, documentary, or physical.

Front 170

What constitutes the "fruits of the crime"?

Back 170

Fruits of a crime are the objects obtained
by the defendant as a result of committing the crime

Front 171

Define instrumentalities of a crime.

Back 171

Instrumentalities are the items used by the defendant
to commit the crime.

Front 172

Define contraband.

Back 172

Contraband is anything that is illegal
to possess. Illegal drugs are the most common example of contraband.

Front 173

What are the three basic reasons why evidence is offered in court?

Back 173

Evidence is offered in court for three basic reasons. First, evidence is offered to prove or
disprove a crime. Evidence is also offered in court to support or undermine other evidence. Finally, evidence is offered in court to help determine an appropriate sentence.

Front 174

What are the three primary reasons for evidence rules?

Back 174

The rules of evidence are in place for at least three primary
reasons: to protect the defendant’s constitutional rights, to protect jurors from being
misled or confused, and to expedite the trial.

Front 175

What are the general rules for excluding evidence?

Back 175

There are several reasons for excluding
evidence. Evidence may be excluded because it was obtained in violation of the
defendant’s constitutional rights. Some evidence is excluded to avoid undue prejudice to the defendant, such as his or her
prior criminal history. Evidence may also be excluded to prohibit
jury consideration of unreliable evidence.

Front 176

Define hearsay evidence.

Back 176

Hearsay is a statement other than one made by the declarant while testifying at the trial
or hearing, offered in evidence to prove the truth of thematter asserted. Hearsay testimony is excluded if its reliability cannot be tested by cross-examination.
However, there are more than 20 exceptions to the hearsay rule. Some of the more
common hearsay examples include spontaneous statements, F.S. §90.803(1); excited
utterances, F.S. §90.803(2); and statements against interest, F.S. §90.804(2)(c).The court
determines the admissibility of each of these types of statements.

Front 177

What are four specific requirements that officers must be aware of to ensure admissibility of evidence?

Back 177

There are four specific requirements that ensure
admissibility. The evidence must be relevant to the case, obtained legally, and preserved
properly. The chain of custody must also be preserved.

Front 178

What are some types of privileged communication protected under Chapter 90 of F.S.?

Back 178

• lawyer–client
• journalist–source
• husband–wife
• psychotherapist–patient
• accountant–client
• clergy–penitent
• sexual assault counselor–victim
• domestic violence advocate–victim

Front 179

Define circumstantial or indirect evidence.

Back 179

Circumstantial or indirect evidence requires an inference or presumption to
establish a fact.

Front 180

What is considered direct evidence?

Back 180

Direct evidence is that
which proves a fact without an inference or presumption and which, if true in itself,
conclusively establishes that fact.

Front 181

What is considered documentary evidence?

Back 181

Documentary evidence is anything
written or printed which is offered to prove or disprove facts pertaining to the case. It
includes bank records, medical records, or a certified copy of a subject’s driving history.

Front 182

What is considered physical or real evidence?

Back 182

Physical or real evidence refers to actual objects which may be offered to prove facts
about a case. Examples include items such as drugs, a gun, clothing, or money.

Front 183

What is considered testimonial evidence?

Back 183

Testimonial evidence is witness statements
tending to prove or disprove facts about the case. It includes the testimonies of law
enforcement officers, experts, and other witnesses.

Front 184

Define probable cause affidavit.

Back 184

A probable cause
affidavit—also called an arrest affidavit—is a sworn, written statement by a law
enforcement officer establishing certain facts and circumstances to justify an arrest.

Front 185

What is the purpose of a probable cause affidavit?

Back 185

This document is used by the judge to determine if there was sufficient
probable cause to detain the individual. The assistant state attorney may also review
the document to decide whether to file formal charges for the alleged crime. An officer
should remember that the probable cause affidavit is an officer’s statement of the facts
made under oath and may be used by the defense attorney in preparing the defense.

Front 186

What are the elements of a probable cause affidavit?

Back 186

There are several minimum requirements for an arrest affidavit. First, it must contain a
narrative of the offense stating facts sufficient to show probable cause as to each and
every element of the charged offense. Some of the facts in the affidavit may include
the following:
• date
• time
• place
• reason for the contact and/or seizure
• if and why a search occurred
• name and address of all parties present (including names of superior officers
present)
• name, address, identifying information, and description of the accused
• any statement of the accused
• name of victim (State law protects the public release of the identification of sexual
assault victims.)
• city or county where offense occurred
• offense charged
• correct Florida Statute number or county or municipal ordinance
• any other information necessary to establish probable cause
In addition, the arresting officer must swear or affirm that the information contained
in the probable cause affidavit is true and then sign the document. The notary public,
deputy clerk of court, or another officer who administered the oath to the arresting
officer must also sign as required and affix any official seal.

Front 187

What are some supplemental information that may be used with a probable cause affidavit?

Back 187

This
information may include names and addresses of essential witnesses, witness statements,
or a list of tangible evidence seized.

Front 188

What factors are used in the objective reasonableness standard?

Back 188

The Court concluded that the objective reasonableness test is not a
precise or clear rule but requires careful review of the facts and circumstances of each
case, including the severity of the crime, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting arrest
or attempting to evade arrest by flight.

Front 189

What questions will an officer have to answer in any use of force situation?

Back 189

The objective reasonableness test requires the officer to answer two questions about the
level of force used in any situation:Was the action reasonable and necessary, and was the
amount of force applied reasonable and necessary?

Front 190

When is an officer justified in the use of force?

Back 190

A law enforcement officer is justified in the use of force when the officer reasonably
believes it to be necessary to defend him- or herself or another person from bodily harm
while making the arrest.

Front 191

When may an officer use deadly force to apprehend a fleeing felon?

Back 191

The statute further explains the three conditions required before an officer may use
deadly force in stopping a fleeing felon: when deadly force is necessary to prevent the
suspect from escaping; when a warning has been given when feasible; and when the
officer reasonably believes that the fleeing felon poses a threat of death or serious physical
harm to the officer or others or that the fleeing felon has committed a crime involving
the infliction or threatened infliction of serious physical harm to another person.

Front 192

Define deadly force pursuant to Florida law.

Back 192

Florida law defines deadly force as any force that is likely to cause
death or great bodily harm under F.S. §776.06.

Front 193

When may an officer use force during an investigative detention?

Back 193

Law enforcement officers are also authorized to use reasonable and necessary force to
effect an investigative detention (Terry stop). The Florida courts have recognized that
officers may draw their weapons when conducting an investigative detention when they
reasonably believe that the use of weapons is necessary to protect themselves or prevent
a suspect’s ability to flee.

Front 194

When may an officer use force to prevent an arrested person from escaping custody?

Back 194

The statute authorizes law enforcement officers to use reasonable and necessary force in
order to prevent the escape of an arrested person. The use of deadly force under this
circumstance would be analyzed under the factors set forth in Tennessee v. Garner and
contained in F.S. §776.05(3). Furthermore, the statute authorizes law enforcement and
corrections officers to use deadly force to prevent the escape of an inmate from a penal
institution (prison or county jail).

Front 195

When may individuals use deadly force in self defense or in defense of others?

Back 195

These two Florida statutes work in conjunction to allow all individuals, including but
not limited to law enforcement officers, to use reasonable and necessary force to defend
themselves when faced with the imminent threat of unlawful force. The statutes allow
an individual to use deadly force under two circumstances: if the individual has reason
to believe that deadly force is necessary to prevent imminent death or great bodily harm
to him- or herself or another person or to prevent the commission of a forcible felony
as defined in F.S.§776.08.

Front 196

What is the no retreat law?

Back 196

Florida Statute §776.013 further explains that a person is presumed to be in imminent
fear of death or great bodily harm when there is an unlawful and forceful entering of a
dwelling or occupied vehicle.This statute, sometimes referred to as the no retreat law,
also establishes that an individual has “no duty to retreat” when faced with imminent
harm, “has the right to stand his or her ground,” and may “meet force with force,
including deadly force when he reasonably believes it is necessary to do so to prevent
death or great bodily harm.”

Front 197

When may individuals use force in the protection of their property?

Back 197

Florida law enforcement officers should also be aware that an individual may use
reasonable and necessary force, not including deadly force, to protect property. Florida
Statute §776.031 authorizes the use of force to protect one’s property and the property
of an immediate family member or other person whose property the person has a duty
to protect.

Front 198

Define civil liability.

Back 198

Civil liability is responsibility for a
wrongful act or an omission that injures a person or property and most often involves
negligence.

Front 199

Define tort.

Back 199

A tort is a civil wrong in which the action or inaction of a person or entity
violates the rights of another person or entity.

Front 200

Define negligence.

Back 200

Is failure to use due or reasonable care in a situation
that results in harm to another.

Front 201

Define negligence.

Back 201

Is failure to use due or reasonable care in a situation
that results in harm to another.

Front 202

What are the elements of negligence?

Back 202

The elements of
negligence are (1) a duty to act with care, (2) breach of the duty to act, (3) causation or
proximate cause, and (4) damages.

Front 203

What are the two major categories of damages?

Back 203

There are two main categories of damages:
compensatory and punitive.

Front 204

Define compensatory damages.

Back 204

Compensatory damages are designed to compensate for the actual property damage,
harm, or injury the plaintiff suffers (IN025.1.B.3.). Compensatory damages may include
general, special, or nominal damages. General damages are those presumed to result
from the defendant’s actions. They include awards for pain and suffering, discomfort,
humiliation, fright, and emotional distress. Special damages are those actually caused by
the injury. They are available to the plaintiff for lost earnings, medical expenses,
destruction of personal property, and attorney’s fees. Nominal damages are damages in
name only; they are awarded when the jury believes the plaintiff’s rights were violated,
but there is insufficient proof of measurable financial harm.

Front 205

Define punitive damages.

Back 205

Punitive damages are damages awarded in addition to actual damages when the
defendant acted with recklessness, malice, or deceit. They are intended to punish the
defendant for his or her act and to warn others from doing the same act.

Front 206

Define civil rights violations.

Back 206

A civil rights violation is an unlawful interference with the fundamental rights of
another person, such as the rights to due process and equal protection under the law

Front 207

Define color of law.

Back 207

When an officer acts or purports to act in the performance of official duties under any
law, ordinance, or regulation, he or she is acting under color of law.

Front 208

When may an agency be held liable for an officer's actions?

Back 208

If the plaintiff proves at trial that the officer committed a tort or violated civil
rights as part of his or her duties, the employing agency is likely to be liable for damages
through direct or vicarious liability.

Front 209

Define direct liability.

Back 209

Direct liability arises in cases in which the officer committed an intentional or a
negligent tort in violation of the employing agency’s orders or policies.

Front 210

Define vicarious liability.

Back 210

Vicarious liability occurs when one person or entity is held liable for the negligent
actions of another person even though the first person or entity was not directly
responsible for the injury.

Front 211

What types of legal defenses are available if an officer is faced wiht potential civil or criminal liability?

Back 211

There are federal and state laws that protect officers against civil and criminal liability
and provide legal defenses, including sovereign immunity, F.S. Chapter 111, qualified
immunity, good faith, reasonable manner, justified acts, and emergency doctrine.

Front 212

What is the effect of the Sovereign Immunity Law of the Florida Statutes in state civili actions?

Back 212

The sovereign immunity law provides one of the most important protections for
governmental employees and law enforcement agencies. It includes a list of
circumstances and requirements that must be met before the state, a county, a
municipality, or a law enforcement agency or any of its employees can be sued in a state
tort action. It also protects individual officers and government employees from personal
liability and from being named as a defendant in a state civil lawsuit. This means that
unless an officer or employee acts or fails to act with willful or wanton disregard of
someone’s rights or property, the officer or employee must be dismissed from a state
civil tort action.

Front 213

Define acting within the scope of employment.

Back 213

Acting within the scope of employment refers to the range
of reasonable and foreseeable activities that an employee does while carrying out the
employer’s business

Front 214

What are some of the key aspects of Chapter 111 of the Florida Statutes?

Back 214

Chapter 111, Florida Statutes, protects employees, including officers, charged with civil
and criminal actions, provided those actions occurred within the scope and course of the
employees’ employment. • The employing agency may, but is not required to, reimburse legal costs for its
employees who have been sued or charged with a crime.
• The employing agency may provide legal counsel for its employees who are sued
in either state tort actions or federal noncriminal civil rights actions.

Front 215

How does qualified immunity protect public officials?

Back 215

The defense of qualified immunity protects “government officials . . . from liability
for civil damages insofar as their conduct does not violate clearly established statutory
or constitutional rights of which a reasonable person would have known.”

Front 216

Define breach of duty.

Back 216

The term breach of duty means that the defendant unreasonably failed in the duty he
or she was obligated to perform. A breach of duty is generally proved by evidence that
the defendant violated a law or accepted practices, such as a departmental policy or rule.
A duty may be breached by not taking action when a reasonable officer should have
taken action.

Front 217

Define omission.

Back 217

The term omission means neglecting to
perform what the law or duty requires. Officers may be liable not only for performing
required actions improperly but also for failing to perform actions required of them.

Front 218

Define proximate cause.

Back 218

Proximate cause is the legal phrase for the link between the breach of duty
and the harm caused (damages). In deciding proximate cause, the judge and jury will
have to determine if the harmful event was a foreseeable outcome of the defendant’s act
or failure to act.

Front 219

What should be an officer's response to a landlord-tenant dispute?

Back 219

In tenancy situations covered by the law, the only way a landlord can legally recover
possession of the leased residence without the consent of the tenant is to file an eviction
proceeding in the county court where the residence is located pursuant to F.S. §83.59.
If the landlord is successful, a writ of possession will be issued by the court to the sheriff,
who is then authorized to evict the tenant and put the landlord in possession of the
residence after a prescribed notice period. See F.S. §83.62. Officers should be aware that
until legally evicted, a tenant has a right to enter the residence, and a landlord may not
prevent entry by changing the locks. See F.S. §83.67(2). Law enforcement officersmay physically evict a tenant only pursuant to a writ of possession.
Any action without a writ that causes the removal of a tenant, whether physically removing
the tenant’s belongings from the residence or suggesting to the tenant that failure to leave
may result in arrest, is likely to be considered a wrongful eviction.

Front 220

What are the three categories of residential or rental facilities?

Back 220

There are three types of residential rental facilities where the Residential LandlordTenant
Act does not apply: public lodging establishments such as hotels and motels,
F.S. §509.141; medical, geriatric, educational, counseling, religious, or similar residency
facilities, F.S. §83.42(1); and recreational vehicle parks, F.S. §513.01.

Front 221

What should be an officer's response to repossession of property?

Back 221

When an officer responds to a call involving self-help repossession of property, the
officer’s role is to keep the peace. The officer may not give legal advice to either the
borrower or the person or company repossessing the property.

Front 222

What should be an officer's response to the removal or towing of vehicles or vessels from private property?

Back 222

A recovery agent may not enter the borrower’s home or business without permission
and generally may not open a gate or move aside a barrier. However, an agent can
repossess a vehicle from a driveway or public street, provided the borrower makes no
objection. If the borrower objects prior to the recovery agent taking possession of the
vehicle, then the recovery agent must leave the property without the collateral. The
recovery agent is free to attempt the repossession later, if it can be accomplished without
a breach of the peace. In the repossession process, a recovery agent may not exert undue
pressure on the borrower, such as the threat of force. Recovery agents also may not
wear, present, or display a badge in the course of performing a repossession. When responding to a dispute or confrontation about a repossession occurring on public
property, officers may have to determine whether the recovery agent has already taken
possession of the vehicle. For example, if the vehicle has already been attached to the tow
truck or the recovery agent is behind the steering wheel of the vehicle ready to drive
away, the repossession has already occurred and the agent may be permitted to leave.

Front 223

What role should an officer play in the recovery of vehicles from tow yards?

Back 223

Officers may be called to a tow yard after a vehicle has been towed from private property.
Disputes often arise when the owner of the vehicle has trouble getting the vehicle
returned from the tow company. This situation is usually civil in nature and requires no
police action. Sometimes, however, the vehicle owner claims that the vehicle was towed
illegally or improperly, resulting in damage to the vehicle. If such a claim is made, officers
need to refer to F.S. §715.07. If the vehicle was not towed properly, administrative and
criminal penalties may apply.

Front 224

What role should an officer play in motor vehicle repair disputes?

Back 224

Officers are sometimes dispatched to disturbances at automobile repair shops regarding
disputes over repair costs. F.S. §559.917 permits the vehicle owner who refuses to pay
the repair bill to take possession of the vehicle after posting a bond with the court clerk. If the vehicle owner refuses to pay the repair cost
and removes the vehicle from the repair shop without posting a bond, then the vehicle
owner should be investigated for theft under F.S. §812.014.

Front 225

What should an officer's role be in a child custody dispute?

Back 225

If there is no court order determining custody and one parent attempts to leave with the
child but is not fleeing the jurisdiction, the responding officer should talk to the parties
and attempt to resolve the dispute. Generally that will be done by allowing the parent
who has the child upon the officer’s arrival to keep the child. Officers should encourage
both parents to seek legal counsel and a court hearing to clarify visitation.
Note: F.S. §787.03 does not apply to a parent who is the victim of any act of domestic
violence, believes that he or she is about to become a victim of an act of domestic
violence, or believes that his or her action was necessary to preserve the child from danger
to his or her welfare and seeks shelter from these acts or their possibility. An officer may not enforce a court order issued by another state or jurisdiction unless
the court order has been domesticated and a break order has been issued by a court
within the officer’s jurisdiction. A domesticated order is evidenced by a signature of a
judge in the local county.

Front 226

What should be an officer's role in response to a real property boundary dispute?

Back 226

Property disputes between neighbors are usually civil in nature. Officers should advise
the parties to seek appropriate remedies in civil court.

Front 227

What should an officer's role in a dispute over stolen property in the custody of a pawnbroker?

Back 227

When an appropriate law enforcement official has probable cause to believe
that property in the possession of a pawnbroker is misappropriated, the official
may place a written hold order on the property. The written hold order shall
impose a holding period not to exceed 90 days unless extended by court order.

Front 228

Define self help repossession.

Back 228

When the creditor is entitled to possession of collateral after default, the creditor may
go to court and obtain an order entitling the creditor to possession. This order is called
a writ of replevin. Florida law permits a creditor to take possession of the collateral
after default without a court order, if that can be done without breach of the peace. See
F.S. §679.609(2). This is called self-help repossession.

Front 229

Define child, juvenile, or youth.

Back 229

“Child” or “juvenile” or “youth” means any unmarried person under the age
of 18 who has not been emancipated by order of the court and who has been
found or alleged to be dependent, in need of services, or from a family in need
of services; or any married or unmarried person who is charged with a
violation of law occurring prior to the time that person reached the age of 18
years.

Front 230

What are the procedures for taking a juvenile into custody?

Back 230

A law enforcement officer may take a child into custody pursuant to a court order or
upon probable cause that the child committed a law violation. An officer has the
authority to take a child into custody under the same circumstances and in the same
manner as if the child were an adult. Upon arrival at the county jail, the officer must
contact a representative of the Department of Juvenile Justice (DJJ) who will conduct
an assessment to determine whether or not the child will be detained. If the child’s life or health is in such danger that he or she must be removed from his or
her surroundings, the officer may take the child into protective custody. Likewise, if an
officer reasonably believes a child has been abandoned, abused, or neglected, the officer
may take that child into custody. Officers have no arrest authority for a child who is a runaway or a truant from school.

Front 231

What are the procedures for handling juvenile traffic offenders?

Back 231

The traffic court must
transfer a juvenile charged with any felony traffic offense to the Juvenile Division of
Circuit Court. In nonfelony cases, the traffic summons procedure should be followed
if there are no serious circumstances involved.

Front 232

Define juvenile sex offender.

Back 232

According to F.S. §39.01(7), a juvenile sex offender is a child 12 years of age or younger
who is alleged to have committed a sexual battery as defined in F.S. Chapter 794, an act
of prostitution in violation of F.S. Chapter 796, a lewd and lascivious act in violation of
F.S. Chapter 800, an act of sexual performance by a child in violation of F.S. §827.071,
or an act of obscenity in violation of F.S. §847.0133. A juvenile sex offender may also be
a child under the age of 18 who is alleged to have committed any violation of the law or
delinquent act involving juvenile sexual abuse.

Front 233

What are the procedures for interrogating juveniles?

Back 233

The standards for questioning a juvenile are the same as for adults. An officer is required
to make a good faith effort to notify the parent, guardian, or legal custodian when the
child is taken into custody as per F.S. §985.101(3). There is no statutory requirement
for the parent’s or guardian’s consent before an officer may interview the child; however,
officers should comply with department policy. Officers should be aware that Miranda applies to juveniles and a waiver of those rights
will be more closely scrutinized by the court. Factors to be considered in
determining a juvenile’s understanding of his or her rights and the significance of
waiving those rights include his or her age, marital status, education, intellectual level,
and experience in the criminal justice system. Juvenile interrogations may only be a reasonable length of time. Officers should consider
and make adequate notes of the length of time the child is held before interrogation, any
reasons for delay, and the number of breaks and rest periods given to the child. All
juvenile interrogations should be videotaped.

Front 234

What are the standards required for searching a juvenile's personal property at school?

Back 234

School
officials may search a student’s personal property when they have reasonable suspicion
that the student is in possession of an illegal substance or object. They have broader
authority to search students than do law enforcement officers. Such school searches may
not be done at the direction or request of a law enforcement officer.