Florida Basic Recruit Training Program (Chapter 2) flashcards |

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  • Law

    Is a form of social control or a method of encouraging people to behave in a certain way. (pg. 30)

    Morality and Religion

    are other forms of social control.(pg. 30)

    Common Law

    The rules of the society, which developed naturally, have been codified by being written down. (pg. 30)

    The American Legal System

    ___ is based primarily on English common law. (pg. 30)

    Protect ownership of property, regulate certain businesses, and raise revenue

    In addition to maintaining order, laws also serve to... (pg. 30)

    Constitutional Law

    The standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by U.S. District and Supreme Courts; identifies the powers and limitations of each branch of the U.S. Government. (pg. 30)

    Executive, Legislative, and Judicial

    ____ are the three branch structure. (pg. 30)

    Constitutional Law

    We can identify the powers and limitations of each branch through ___. (pg. 30)

    Florida State Constitution

    ___ parallels the U.S. Constitution. (pg. 30)

    Statutory Law

    ___ is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. (pg. 30)

    Civil, Criminal, Administrative, and Regulatory laws

    _____ are included in Satutory law. (pg. 30)

    Criminal Law

    The part of statutory law that defines unacceptable behavior and government prosecution of those who commit them. (pg. 30)

    Ordinances

    ___ are enacted by a municipal (city) or county government. (pg. 31)

    Ordinances

    Apply only within the jurisdiction of the governmental entity that enacted them. (pg. 31)

    Civil Law

    ___ pertains to the legal action that a person takes to resolve a private dispute with another person. (pg. 31)

    The courts

    ______ provide a forum for the parties to resolve disputes through legal action. (pg. 31)

    A cause of action

    _____ is to a civil case what a criminal statue is to a criminal case. (pg. 31)

    Administrative Law

    ______ is the body of law that allows for the creation of public regulatory agencies. (pg. 31)

    Case law

    ______ is formed by the decisions of the court system (the judicial branch). (pg. 31)

    Case law

    _______ are court-imposed decisions are based on the court's interpretation of constitutional provisions, and they clarify the meaning of a statute or rule as applied to a specific set of facts. (pg. 31)

    Precedents

    _______ are rules created by an appellate court that officers are required to follow unless a higher court changes the rule. (pg. 31)

    Officers

    _______ must be aware of conflicting rulings and follow the case law in their own jurisdiction. (pg. 31)

    The U.S. Constitution

    ______ protects individuals from governmental abuse of power and defines law enforcement's authority to act. (pg. 32)

    The U.S. Constitution

    All people stand equal before the law and therefore share certain rights, according to the _____. (pg. 32)

    The government

    ______ is the agent of the people, not their master. (pg. 33)

    The Articles of the Constitution

    Their purpose is to form a contract between the people of the United States and the United States government that spells out the responsibilities and authority of the three branches of government. (pg. 32)

    The supremacy clause

    Set forth in Article VI, ______ states that when laws conflict, federal law generally overrules state and local law. (pg. 32)

    The Amendments

    Their purpose is to ensure that individual rights are not infringed upon by the government. (pg. 32)

    Bill of Rights

    The first ten amendments to the U.S. Constitution comprise the _______. (pg. 33)

    The First Amendment

    _____ protects the freedom of speech, press, peaceful assembly, and religion. (pg. 33)

    The Second Amendment

    ______ guarantees the right to bear arms. (pg. 33)

    The Fourth Amendment

    ______ prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge). (pg. 33)

    The Fifth Amendment

    ______ is best known for prohibiting compelled 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. (pg. 33)

    The Sixth Amendment

    _______ guarantees the right to be informed of the nature of the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face an impartial jury. (pg. 33)

    The Eighth Amendment

    _______ prohibits excessive bails and fines and cruel and unusual punishment. (pg. 33)

    The Fourteenth Amendment

    The Bill of Rights was originally intended to restrict the actions of the federal government only. __________ expanded the application of the Bill of Rights to state and local governments as well. (pg. 33)

    Due process clause

    No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws. (pg. 33)

    Substantive and procedural

    The two main components of due process are ______. (pg. 33)

    Substantive due process

    _____ is the fair and consistent enforcement of the law. (pg. 33)

    Procedural due process

    _____ refers to the steps that must be followed to protect an individual's rights during a criminal justice process. (pg. 33)

    Offense

    _____ broadly describes criminal or noncriminal acts that are punishable under Florida law. (pg. 35)

    Criminal offenses

    _____ are punishable by incarceration and classified as either felony or misdemeanor. (pg. 35)

    Noncriminal offenses

    _____ are punishable by monetary fines or something other than incarceration. (pg. 35)

    Civil infractions

    _____ are also known as noncriminal offenses. (pg. 35)

    Felony

    _____ is any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year. (pg. 35)

    A capital felony

    _____ is the highest class of felony. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole. (pg. 35)

    A life felony

    _____ has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000, or both. (pg. 35)

    A first-degree felony

    _____ carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both. However, certain ______ specifically carry a maximum penalty of life imprisonment in a state correctional facility. (pg. 35)

    A second-degree felony

    _____ is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both. (pg. 36)

    A third-degree felony

    _____ carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both. (pg. 36)

    Violent career criminals, habitual felony offenders, or habitual violent felony offenders

    Penalties of imprisonment may be extended for defendants who have been classified as _____. (pg. 36)

    A misdemeanor

    _____ is any criminal offense with a maximum incarceration penalty in a county jail of up to one year. (pg. 36)

    A first-degree misdemeanor

    _____ carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. (pg. 36)

    A second-degree misdemeanor

    _____ carries a maximum penalty of 60 days in a county jail, a fine of $500, or both. (pg. 36)

    A noncriminal violation

    An offense for which the only penalty may be a fine, forfeiture, or other civil penalty is _____. (pg. 36)

    A local criminal ordinance

    The maximum penalty for violating ______ is a fine of $500 or incarceration in a county jail for a period of up to 60 days and/or both. (pg. 37)

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

    The law recognizes four standards of legal justification:... (pg. 38)

    Consensual encounter

    _____ 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, and therefore is no Fourth Amendment seizure. (pg. 39)

    Mere suspicion

    _____ is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge. (pg. 39)

    Investigative stop

    An officer can only make an ____ if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation. (pg. 39)

    Terry Stop

    An investigative stop is also known as a_____. (pg. 39)

    Reasonable suspicion

    _____ is the standard of justification needed to support a legal Terry stop or investigative
    detention. (pg. 39)

    Articulable suspicion or Founded suspicion

    Reasonable suspicion is sometimes called_____. (pg. 39)

    Reasonable suspicion

    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. (pg. 39)

    BOLO

    is a description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect.

    Be On the Look Out

    BOLO stands for... (pg. 40)

    Terry v. Ohio (1968)

    In ____ the Court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed.

    (1) that the subject is lawfully detained and (2)
    that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.

    The two elements required for a lawful pat down or frisk are_____. (pg. 40)

    Plain touch/feel doctrine

    This rule allows the officer to seize the contraband even if it does not feel like a weapon. (pg. 40)

    Terry stop

    The duration of a _____ is limited to the time reasonably necessary to accomplish the purpose of the stop.
    An investigative detention may become an arrest even if the officer does not initially intend to make the arrest. (pg. 41)

    The Fourth Amendment

    Questioning that prolongs the detention but is not justified by the purpose of the investigative stop is unreasonable under... (pg. 41)

    Pretext stops

    When the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity. (pg. 41)

    Whren v. U.S. (1996)

    the U.S. Supreme Court, in _______ said that the courts are not required to consider an officer's motive for stopping a vehicle as long as the officer had an objective basis for the stop. (pg. 41)

    Probable cause

    The standard of justification required to make an arrest or conduct a search is_____. (pg. 41)

    Probable cause

    _____ is a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances. (pg. 41)

    Totality of circumstances

    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 _________ test. (pg. 42)

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

    Commonly recognized sources for officers to rely on include:... (pg. 42)

    Fellow officer rule

    _____ involves relying on the collective knowledge of other officers when taking law enforcement action. (pg. 42)

    The photographic array

    _____ is a presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect. (pg. 43)

    A live line-up

    _____ is the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non-suggestive manner for the purpose of identification. (pg. 43)

    A show-up

    _____ occurs when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification of the suspect in the field by a victim or witness. (pg. 43)

    Beyond a reasonable doubt

    Before a person may be found guilty of a crime and sentenced, the prosecution must
    present evidence sufficient to prove guilt of each element of the crime_____. (pg. 43)

    Proof beyond a reasonable doubt

    _____ is the standard used to determine if a criminal defendant is guilty. Based on the facts of the case, there is no other reasonable explanation than that defendant committed the crime. (pg. 43)

    "the greater weight (preponderance) of the evidence."

    The burden of proof in civil cases is ___. (pg. 43)

    "clear and convincing evidence"

    In administrative proceedings, the burden of proof is ___. (pg. 43)

    Search

    A ______ occurs when the government intrudes into a place where a person has a reasonable expectation of privacy. (pg. 44)

    Seizure

    A ______ occurs when the government affects a
    person's right to have or control his or her property, usually by physically taking it. (pg. 44)

    Search warrant

    A ________ is a court order that authorizes law enforcement to conduct a search and seizure. (pg. 44)

    Search warrant

    The ________ must be directed to a person or agency with specific jurisdiction over the location of the search. (pg. 44)

    Exclusionary rule

    The Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court. This is known as the ___. (pg. 45)

    Davis v. U.S. (2011)

    In ______ the Supreme Court held that "when the police conduct a search in objectively reasonable reliance on binding appellate precedent, the exclusionary rule does not apply." (pg. 45)

    The Fruits of the Poisonous Tree doctrine

    _____ holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. (pg. 45)

    The Good Faith doctrine

    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, according to the.... (pg. 45)

    Reasonable expectation of privacy

    R.E.P. stands for... (pg. 45)

    Government + Intrusion + REP

    The three elements that comprise a Fourth Amendment "search" are thus... (pg. 45)

    Abandoned property and open fields

    Two search types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have a reasonable expectation of privacy in the place to be searched. Those are searches of... (pg. 46)

    Curtilage

    The space of ground and outbuildings immediately surrounding a structure___. (pg. 46)

    Fenced and posted fields

    ____ are given a higher degree of constitutional protection than areas that do not have such improvements. (pg. 46)

    Plain view, Mobile conveyance, Exigent circumstances

    The law presumes that a search without a warrant is invalid; however, there are a number of exceptions which require probable cause:___ (pg. 46)

    Plain View

    Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause to believe that the item is contraband or crime evidence. (pg. 46)

    Sawyer v. State (2003)

    In ______ a police officer saw a white pill on the console of a car and, thinking it was ecstasy, seized it. Testing proved the officer was correct. (pg. 46)

    Mobile conveyance search

    A _____ may be conducted without a warrant even if there may be time to obtain a warrant. (pg. 47)

    Carroll doctrine

    Mobile conveyance search are sometimes called... (pg. 47)

    Carroll doctrine

    _____ the principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity. (pg. 47)

    Exigent circumstances

    ___ are certain emergencies such as the case of evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry. (pg. 47)

    Fresh Pursuit

    It generally requires (1) probable cause that the suspect committed a serious crime, (2) immediate or continuous pursuit of the suspect, and (3) probable cause that the suspect is in the premises that is being entered without a warrant. (pg. 47)

    Emergency scene exception

    The _____ involves a situation in which officers may make a warrantless entry in order to ensure their own safety or that of the public. (pg. 48)

    Seibert v. State (2006)

    where officers were justified in entering a house because they had an objectively reasonable basis to believe that a subject was going to commit suicide. Once within the house, they discovered a murder victim while securing the subject to prevent his suicide. (pg. 48)

    Consent, Inventory, Administrative searches, and incident to arrest

    Four additional search warrant exceptions require less than probable cause:___ (pg. 48)

    Consent

    ____ searches do not require probable cause, reasonable suspicion, or even mere suspicion. (pg. 48)

    Voluntary

    ___ means the consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of lawful authority. (pg. 48)

    Inventory searches

    ___ are not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft. (pg. 49)

    Inventory

    An ___ is a written list of all valuable property in a vehicle. (pg. 49)

    Administrative searches

    ___ generally do not require a warrant due to the setting or special conditions. Subjects of
    this type of search include students, public schools, people in government offices, government property (such as desks, lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on probation or parole. (pg. 49)

    Administrative searches

    These types of searches generally do not require warrants because they are for regulatory purposes and can be conducted by administrative or law enforcement personnel. (pg. 49)

    Incident to Arrest

    When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant. (pg. 49)

    (1) the need to disarm the suspect in order to take him or her into custody and (2) the need to preserve evidence for later use at trial."

    The Supreme Court has noted "two historical rationales for the search incident to arrest exception: ___ (pg. 49)

    First, there must have been a lawful custodial arrest. Second, the search must be "substantially contemporaneous" or at the same time with the arrest.

    A search incident to arrest may only be conducted when two requirements have been met. (pg. 50)

    Custodial arrest

    A search incident to arrest may not be conducted unless there is a ___. (pg. 50)

    Contraband articles

    Sections 932.701โ€”932.706, F.S., gives law enforcement agencies the authority to seize and forfeit certain property known as ___. (pg. 51)

    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. (pg. 51)

    Forfeiture

    ___ is a civil proceeding in which the law enforcement agency asks the court to transfer ownership of the property from the defendant to the government. The government may then sell the property at auction or use the property for law enforcement purposes. (pg. 51)

    Drug Abuse Resistance Education

    (D.A.R.E.) program stands for... (pg. 51)

    Arrest

    An ___ is defined as depriving a person of his or her liberty by legal authority. (pg. 52)

    Arrest warrant

    An ___ 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. (pg. 52)

    1. The person has committed a felony or misdemeanor or violated a county or
    municipal ordinance in the presence of the officer.
    2. The person committed a felony outside of the officer's presence, but the officer has probable cause to believe that the person committed it.
    3. A warrant for arrest has been issued and is being held by another law enforcement officer or agency.
    4. The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. The Florida Statutes contain misdemeanor exceptions to this rule.

    A law enforcement officer may make a probable cause arrest without a warrant under the following circumstances:___ (pg. 52)

    terminate the encounter, issue a notice to appear, or physically take the suspect into custody.

    After an officer has developed probable cause, he or she has three choices:___ (pg. 53)

    Notice to appear

    a ___ is a written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. It may be used only under limited circumstances for misdemeanor offenses, municipal or county ordinance violations, and criminal traffic violations. (pg. 53)

    Probable cause affidavit

    A ______ is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. This document is used by the judge to determine if there was sufficient probable cause to detain the individual. (pg. 53)

    Arrest affidavit

    A probable cause affidavit is also called an ___. (pg. 53)

    Fresh pursuit

    ___ is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. It is an exception to the general rule that a Florida officer's arrest powers are limited to the jurisdiction of the agency that employs the officer. (pg. 54)

    Graham v. Connor (1989)

    In ___ , the United States Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment.(pg. 55)

    Tennessee v. Garner (1985)

    In ___ the United States Supreme Court struck down a law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons. (pg. 56)

    Deadly force

    Florida law defines ___ as any force that is likely to cause death or great bodily harm. (pg. 56)

    Firearm

    The most common deadly force incidents involve the use of a ___. (pg. 56)

    Miranda v. Arizona (1966)

    In ___, the Court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain Constitutional rights. These rights include the right to remain silent and the right to have an attorney present when being questioned by law enforcement. (pg. 57)

    Custody, interrogation, understanding, and free and voluntary waiving of rights.

    There are four elements to the Miranda decision:___ (pg. 57)

    Custody

    ___ means the suspect is deprived of freedom in a significant way. (pg. 57)

    "Custodial interview"

    Many agencies in Florida prefer the expression ___ to refer to the process of interrogating or questioning a suspect; however, Florida courts routinely use the term "interrogation." (pg. 58)

    Interrogation

    The elements of ___ include questioning initiated by law enforcement that is directly or indirectly intended to elicit an incriminating response. (pg. 58)

    Spontaneous statements

    Often, a suspect who is in custody will voluntarily give information even when not solicited through questioning. These statements, known as ___. (pg. 58)

    Understanding

    The officer must ensure that the defendant understands his or her rights, taking into account once identified concerns relating to the defendant's age, national origin, education, circumstances of the advising of rights, mental or physical disability, and whether or not the defendant is under the influence of an intoxicating substance. (pg. 59)

    Waiver of Rights

    Once the suspect has been advised of his or her Miranda rights, a ___ is required before questioning may commence. (pg. 59)

    "a significant lapse of time"

    If the suspect invokes only his or her right to remain silent, the officer may re-initiate the interrogation after.... (pg. 60)

    unless the suspect's attorney is present.

    If the suspect requests an attorney,the officer may not re-initiate the interrogation... (pg. 60)

    14 days

    If an in-custody suspect, in response to Miranda warnings, invokes his right to counsel, law enforcement may re-initiate contact with the suspect if the suspect experiences a break in police custody of at least... (pg. 60)

    Corpus delicti

    ___ is the principle that the officer must determine whether the elements of a criminal act are present and have probable cause to believe that the person to be charged committed the crime. (pg. 61)

    "body of the offense"

    Corpus delicti is the Latin term meaning the ___. (pg. 61)

    Intent

    ___ is defined as purposely doing what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet its outcome. (pg. 61)

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