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  1. The scope of constitutional searches is limited to the items being searched. Once the items are found, the search must stop.
  2. What are examples of curtilage?
  3. What additional search warrant exceptions require less than probable cause?
  4. means a building of any kind, either temporary or permanent, which has a
    roof over it, together with the curtilage thereof.
  5. The two elements required for a lawful pat down are?
  6. The elements of interrogation include questioning initiated by law enforcement that is what?
  7. Intentionally masturbating; intentionally exposing the genitals in a lewd or lascivious manner; or intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim.
  8. any evidence that may point to the suspect's innocence.
  9. The U.S. Supreme Court asserts what about probable cause?
  10. The State must prove the following elements to convict a suspect of what?
    1. The offender willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim.
    The offender made a credible threat with the intent to place the victim in reasonable fear of death or bodily
    injury to him- or herself.
  11. Requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act.
  12. The law presumes that a search without a warrant is invalid; however there are a number of exceptions which require probable cause which are what?
  13. United States v Meade, 110 F.3d 190, 193-94 (1st Cir. 1997)
  14. Areas of someone's property where there is no reasonable expectation of privacy.
  15. The State must prove the following elements to convict a suspect of false imprisonment:
    1. The defendant forcibly, by threat, or secretly confined, abducted, imprisoned, or restrained the victim
    against his or her will.
    2. The defendant had no lawful authority.
  16. is the legal phrase for the link between the breach of duty and the harm caused (damages).
  17. A person may legally use force to defend against the use of force by another.
  18. A legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines
  19. The State must prove the following elements to convict a suspect of use/possession of drug paraphernalia:
    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.
  20. The three elements that comprise a Fourth Amendment "search" are?
  21. Some common recognized sources for officers to rely on.
  22. is derived from the common law idea that the king and his agents can do no wrong.
  23. Put the burden of explaining the Fifth and Sixth Amendment rights on the law enforcement officer. Failure to inform a person of these Constitutional rights during a custodial interrogation may result in an admission or confession not being allowed in court.
  24. The State must prove the following elements to convict a suspect of what? 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.
  25. The State must prove the following elements to convict a suspect of what?
    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.
  26. The State must prove the following elements to convict a suspect of what?
    A person 18 years of age or older (misdemeanor); with previous conviction (felony)
    • intentionally lures or entices, or attempts to lure or entice,
    • a child under the age of 12
    • into a structure, dwelling, or conveyance for other than a lawful purpose.
  27. arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's order or policy.
  28. Certain emergencies such as evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry.
  29. Most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary
  30. Are punishable by monetary fines or something other than incarceration.
  31. What forms the main body of the Constitution?
  32. If the property stolen is
    valued at less than $300, the offender commits the misdemeanor of what?
  33. When is a suspect considered in custody?
  34. is a common legal term that describes the justifiable use of force that is necessary to protect oneself.
  35. The State must prove the following elements to convict a suspect of resisting an officer with violence:
    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.
  36. Holds that evidence gathered with the assistance of illegally obtained information must be exclude from trial is know as what?
  37. Set forth in Article VI, the supremacy clause states what?
  38. 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.
  39. The State must prove the following elements to convict a suspect of what?
    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.
  40. The State must prove the following elements:
    1. The defendant sold, gave, or served the beverage.
    2. The beverage was an alcoholic beverage.
    3. The person served was under the age of 21.
  41. 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.
  42. are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness.
  43. A law enforcement officer may make a probable cause arrest without a warrant under what circumstances?
  44. Written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. Includes civil, criminal, administrative, and regulatory laws.
  45. After an officer has developed probable cause, he or she has what three choices?
  46. A form of social control or a method of encouraging people
  47. involves an entry into some place without permission to enter in order to commit a crime therein.
  48. The State must prove the following four elements to convict a suspect of what?
    1. The offender took the money or property from the victim or from 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.
  49. 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.
  50. Carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000 or both
  51. The Fourth Amendment requires officers to obtain what before intruding into a place where an individual has reasonable expectation of privacy.
  52. The several factors to identify when determining the correct charge during a sexual battery investigation are what?
  53. If an officer has probable cause to search a home for stolen refrigerators, searching drawers, clothing, and under the bed is unreasonable because a refrigerator cannot fit in those places.
  54. The State must prove the following elements:
    1. The defendant sold, delivered, bartered, furnished, or gave the product.
    2. The person served was under the age of 18.
    3. The item sold, delivered, bartered, furnished, or given was a tobacco product.
  55. Officers are only required to provide a suspect with Miranda warnings when?
  56. Regardless of its value, sometimes a felony is determined by what type of property that is stolen?
  57. A search incident to arrest may only be conducted when what two requirements are met?
  58. Before a person can be charges with a criminal offense, the officer must have evidence that a crime has been committed. This legal principle is known as what?
  59. The two main components of due process are?
  60. Rule allows officers to seize the contraband even if it does not feel like a weapon, does not permit any manipulation or groping of the object in an effort to identify it as contraband.
  61. 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.
  62. The contents of a trash can which has been put out by the curb for pick up and when officers can seize it and search through it without a warrant is an example of what?
  63. The officer must determine whether the elements of criminal act are present and have probable cause to believe what?
  64. The part of statutory laws that are defined unacceptable behaviors and government prosecution of those who commit them.
  65. Carries a maximum penalty of one year in a county jail, a fine of $1,000, or both
  66. Criminal or noncriminal acts that are punishable under Florida law
  67. means that the defendant unreasonably failed in the duty he or she was obligated to perform.
  68. Reasonable suspicion is sometimes called?
  69. The State must prove the following elements to convict a suspect what?
    1. The offender took the motor vehicle 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 taking was with the intent to permanently or temporarily deprive the victim
    of his or her right to the vehicle or any benefit from it.
  70. is defined as a person who aids or contributes in the commission or concealment of a crime.
  71. The State must prove the following elements:
    1. The defendant is under 21.
    2. The defendant is in possession of or is consuming an alcoholic beverage.
  72. The State must prove the following elements to convict a suspect of what?
    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.
  73. Prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge)
  74. The fair and consistent enforcement of the law
  75. Gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles.
  76. Pertains to the legal action that a person takes to resolve a private dispute with another person.
  77. is that which proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact.
  78. Lewd and Lascivious Offenses Committed upon or in the Presence of a Minor under 16, is what charge?
  79. spouses, former spouses, persons related by blood or marriage, persons who are presently 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
    or have in the past resided together in the same single dwelling unit.
  80. The State must prove the following elements to convict a suspect of what?
    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 or she wrote the check that he or she did not have sufficient money on
    deposit with the bank.
    4. The offender knew he or she 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 ________.*
    *Less than $150 merits a misdemeanor; more than $150 merits a felony.
  81. bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred.
  82. The State must prove the following elements to convict a suspect of what?
    1. The offender exposed or exhibited his or her sexual organs, or was naked.
    2. The offender did so, or was naked, in a public place, on the private premises of another, or so near the
    private premises of another as to be seen from those private premises.
  83. The State must prove the following elements to convict a suspect of what?
    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. If possession is charged, the offender had knowledge of the presence of the substance.
  84. Intentionally touching a person in a lewd or lascivious manner, or soliciting a person to commit a lewd or lascivious act.
  85. an act that the law makes punishable.
  86. A fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of the circumstances.
  87. The State must prove the following elements to convict a suspect of what?
    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 or mental injury to the victim
    2. The victim is under the age of 18.
    Note: Leaving a newborn infant at a hospital, emergency medical services station, or fire station without intent
    to return does not constitute a crime. See s. 827.035, F.S.
  88. refers to actual objects which may be offered to prove facts about a case.
  89. If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.
  90. What exception involves a situation in which an officer may make a warrantless entry in order to ensure their own safety or that of the public. For this exception to apply, the officer must have an objectively reasonable basis to believe that someone is in immediate danger.
  91. Penalties of imprisonment may be extended for defendants who are classified as what?
  92. The State must prove that the offender willfully, maliciously, and repeatedly the following.
    1. Harass means to engage in a course of conduct directed at a specific person which causes substantial
    emotional distress to that person and serves no legitimate purpose.
    2. 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.
  93. Occurs when the government affects a person's right to have or control his or her property, usually by physically taking it.
  94. The existence of probable cause will be determined on what?
  95. 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 or she reasonably believes it is necessary to do so to prevent death or great
    bodily harm."
  96. Protects individuals from governmental abuse of power and defines law enforcement's authority to act.
  97. Certain drugs and chemical substances are, by law, known as what?
  98. Carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000 or both
  99. The legal defense recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense.
  100. The State must prove the following elements to convict a suspect of what?
    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.
  101. Once the suspect has been advised of his or her Miranda rights, a what is required before questioning may commence?
  102. When sudden peril requires instinctive action, an officer is not required to use the same degree of care as when there is time to reflect.
  103. What are the sources of laws that govern the way we live in the United States?
  104. 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 the matter asserted.
  105. The State must prove the following elements to convict a suspect of what?
    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.
  106. Their purpose is to ensure that individuals rights are not infringed upon by the government.
  107. As purposely do what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet its outcome.
  108. Although probable cause supporting a person's commission of a crime may exist, without further evidence, the state may take what action?
  109. The two types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have reasonable expectation of privacy in the place to be searched are?
  110. Is formed by the decisions of the court system (judicial branch).
  111. The State must prove the following elements to convict a suspect of what?
    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.
  112. requires an inference or presumption to establish a fact. An example is eyewitness testimony that the defendant entered the victim's home around the time of the crime.
  113. The State must prove at least one of the following elements to convict a suspect of what?
    1. The offender was intoxicated and endangered the safety of another person or property.
    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.
  114. As depriving a person of his or her liberty by legal authority.
  115. The burden of proof in civil case is?
  116. The difference between theft and robbery is what?
  117. 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 identification.
  118. 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.
  119. The most common deadly force incidents involved what?
  120. Described as a hunch or gut feeling based on law enforcement training and knowledge
  121. To determine whether a statute specifically prohibits an alleged act or omission to act, or to determine the requisite intent to commit the crime, an officer needs to do what?
  122. means any motor vehicle, ship, vessel, railroad vehicle or car, trailer,
    aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion
    of the conveyance.
  123. The statute authorizes law enforcement officers to use reasonable and necessary force in the order to prevent the escape of an arrested person.
  124. What are the two Supreme Court has noted "two historical rationales for the search incident to arrest exception?
  125. When the burden of proof is "clear and convincing evidence"
  126. means not in accordance with nature or with normal feelings or behavior.
  127. What does fresh pursuit require?
  128. means intentionally, knowingly, and purposely.
  129. Guarantees the right to be informed of the nature the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face impartial jury.
  130. Carrying a Firearm in Violation of an Injunction, Battery, Act of Retail Theft, Traffic Offenses Related to Crash Investigation, Carrying a Concealed Weapon, Disorderly Conduct on Premises of Establishment, Theft from a Dining or Lodging Establishment, Trespass on School Grounds, Possession of Cannabis <20 grams, Stalking, Transit Fare Evasion, Criminal Mischief, Trespass on Certain Properties, Act of Domestic Violence, Violence of Injunction for Protection
  131. 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.
  132. The only capitol felony for which the state may impose the penalty of death?
  133. Any force that is likely to cause death or great bodily harm under s. 776.06, F.S.
  134. means a wicked, lustful, or unchaste, licentious, or sensual intent on the part of the person doing the act. Acts are not vulgar, indecent, lewd, or lascivious unless such acts cause offense to one or more persons
    or the acts substantially intrude upon the rights of others.
  135. The State must prove the following elements to convict a suspect of what?
    1. The offender sold, purchased, manufactured, delivered, or possessed with intent to sell, purchase,
    manufacture, or deliver a certain substance.
    2. The act occurred in, on, or within 1,000 feet of the real property comprising a child care facility or a
    public or private elementary, middle, or secondary school between the hours of 6:00 a.m. and
    12:00 midnight.
    3. The substance was the specific substance alleged.
    4. The offender had knowledge of the presence of the substance.
  136. What action must an officer take when consent is withdrawn at anytime during the search?
  137. The State must prove one of the following elements to convict a suspect of what?
    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.
  138. Is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000 or both
  139. The two primary types of evidence
  140. One of the exigent circumstances that permits search and seizure without a warrant. If the officer has probable cause to believe that contraband or evidence is in immediate danger of being destroyed, the officer does not need to obtain a search warrant before seizing the contraband to justify a warrantless entry.
  141. means intelligent, knowing, and voluntary and does not include coerced submission.
  142. is responsibility for a wrongful act or an omission that injures a person or property and most often involves
    negligence. Penalties for this are normally payment of money damages to the victim or the victim's heirs.
  143. Natural Development of law is sometimes referred to as
  144. Include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity.
  145. is a suspect or defendant's claim that he or she was not present when the alleged act was committed
  146. 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 the victim or witness.
  147. is the person believed to have committed a crime.
  148. The State must prove the following elements to convict a suspect of what?
    1. The offender willfully entered upon or remained in the property.
    2. The property was owned by or was in the lawful possession of the owner, lessee, or other person
    authorized by the owner or lessee.
    3. Notice against entering or remaining was given, either 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
    the owner, lessee, or any other person authorized to give that permission.
  149. Other forms of social control
  150. The next level above consensual encounter is what?
  151. Guarantees the right to bear arms
  152. 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 desk. lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on parole or probation.
  153. What is a crucial element, designed to prevent an intrusion into the wrong location. Describes the person or place and the items to be seized?
  154. Defines the form of government Americans have established; defines our representational government and its three-branch structure (executive, legislative, and judicial)
  155. Although the law does not require that Miranda warnings be given identically every time, officers should get in the habit of what?
  156. Statutes enacted by municipal (city) or county government are know as what?
  157. 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 stop these acts.
  158. Was originally intended to restrict the actions of the federal government
  159. 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?
  160. means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired.
  161. What is aggravated battery classified as?
  162. The State must prove any of the following elements to convict a suspect of what?
    1. The offender knowingly and unlawfully:
    a) owns, maintains, or operates any place or conveyance for the purpose of prostitution
    b) offers or agrees to offer another person for the purpose of prostitution
    c) receives or offers to receive any person into any place or conveyance for the purpose of prostitution
    d) directs or offers to direct, take, or transport any person to any place with the intent to facilitate
    the prostitution
    e) offers to commit an act of prostitution
    f) solicits another person to commit prostitution
    g) resides in or remains in any place or conveyance for the purpose of prostitution
    h) aids or participates in any act of prostitution
    i) purchases the services of any prostitute
  163. The American legal system is based primarily on
  164. The due process clauses of the Fifth and Fourteenth Amendments require what?
  165. There are four specific requirements that ensure
    admissibility.
  166. The State must prove the following elements to convict a suspect of what?
    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.
  167. means wrongfully, intentionally, without legal justification or excuse, and with the knowledge
    that injury or damage will or may be caused to another person or the property of another person.
  168. 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 the court at specified date and time.
  169. are the items used by the defendant to commit the crime.
  170. What is the least and greatest amount of certainty?
  171. A person who faces a threat from another and commits a criminal act in response may have the legal defense
    of what?
  172. The body of law that allows for the creation of public regulatory agencies. It contains all the statutes, judicial decisions, and regulations that govern them.
  173. The objective reasonableness test requires the officer to answer what two questions about level of force used in situation?
  174. Applies to an officer's actions in conducting a search pursuant to a search warrant. If the officer execute a search warrant they believe to be valid and a court later determines to have legal error, any seized evidence may still be admitted.
  175. 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.
  176. What is Chapter 901 of the Florida Statutes?
  177. The State must prove the following elements to convict a suspect of what?
    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.
  178. Protects the freedom of speech, press, peaceful assembly, and religion.
  179. 1. Any person who willfully and without authorization fraudulently uses or possesses with intent to fraudulently use
    2. Personal identification information concerning an individual without first obtaining that
    individual's consent.
  180. The State must prove the following elements:
    1. The defendant is under 18.
    2. The defendant has in his or her possession a tobacco product.
  181. means neglecting to perform what the law or duty requires.
  182. The State must prove one of the following elements to convict a suspect of fraudulent use of what?
    1. Use of a credit card for goods or services or anything of value without the consent of the cardholder
    2. Use of a forged card
  183. What is criminal mischief involving property damage totaling less than $200 classified as?
  184. Refers to the steps that must be followed to protect an individual's rights during a criminal justice process
  185. The suspect is deprived of freedom in a significant way.
  186. is a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity.
  187. In determining whether an encounter was consensual, the court will look at what circumstances surrounding the encounter?
  188. The State must prove the following elements to convict a suspect of what?
    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.
  189. What is aggravated assault classified as?
  190. The Fourth Amendment does what?
  191. are the objects obtained by the defendant as a result of committing the crime.
  192. Present when an intentional act harms an unintended second victim
  193. Because forfeiture deprives a person of interest of his or her property, officers must have what to seize the property?
  194. is any person who has information about some element of the crime or about evidence or documents related to the crime.
  195. means a building or conveyance of any kind, including any attached porch,
    whether such building or conveyance is temporary or permanent, mobile, or immobile,
    which has a roof over it and is designed to be occupied by people lodging therein at night.
  196. The State must prove the following elements to convict a suspect of what?
    1. The offender injured or damaged property.
    2. The property belonged to someone else.
    3. The injury or damage was done willfully and maliciously.
  197. A search incident may not be conducted unless there is what?
  198. The State must prove the following elements to convict a suspect of what?
    1. Whoever, without being authorized, licensed, or invited, willfully enters or
    remains in any structure or conveyance, or, having been authorized, licensed, or
    invited, is warned by the owner or lessee of the premises, or person authorized
    by the owner or lessee, to depart and refuses to do so.
    2. The structure or conveyance was in the lawful possession of the owner, lessee, or
    other person authorized by the owner or lessee.
  199. 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 purpose of investigating other, more serious criminal activity.
  200. 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
  201. 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; however, does not include an act done
    for a bona fide medical purpose.
  202. The defense of 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.
  203. The State must prove one of the following elements to convict a suspect of what?
    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 and services.
    2. The defendant benefited financially by receiving anything of value from
    participation in a venture that subjected a person to forced labor or services.
  204. The State must prove the following elements to convict a suspect of resisting an officer without violence:
    1. The offender resisted, obstructed, or opposed the victim (officer).
    2. At the time, the victim (officer) was engaged in the execution of the legal process or the lawful execution
    of a legal duty.
    3. At the time, the victim was an officer.
  205. Is only valid for the specific location it describes; it must also describe in detail the person or items to be seized. Officers must connect the seized items to criminal activity.
  206. The State must prove the following elements to convict a suspect of unnatural and lascivious acts.
    1. The person commits any unnatural lascivious act with another person.
  207. The State must prove the following elements to convict a suspect of the possession of what?
    1. The offender intended to commit a burglary or trespass.
    2. The offender had in her or her possession a tool, machine, or implement that he or she intended to
    use or allow to be used in the commission of the burglary or trespass.
  208. Expanded the Bill of Rights to the state and local government.
  209. means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity
    between spouses.
  210. The State must prove the following elements to convict a suspect for what?
    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.
  211. The State must prove the following elements to convict a suspect of what?
    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.
  212. What are the four standards of legal justification?
  213. The elements of negligence are
  214. When does a classified first-degree felony, such as kidnapping or sexual battery become reclassified as a life felony?
  215. Occurs when the government intrudes into a place where a person has a reasonable expectation of privacy.
  216. Engaging in sexual activity or encouraging, forcing, or enticing any person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
  217. Basic classifications of intent
  218. means the consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of lawful authority. In other words, a reasonable person under the circumstances would feel that he or she could refuse the request for consent to search.
  219. refers to the legal requirements that must be met before a jury is allowed to see or hear about the evidence.
  220. An example of a capitol felony where the state required to impose a life sentence without the possibility of parole.
  221. The United States Supreme Court stuck down a Tennessee law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons.
  222. An offense for which the only penalty may be a fine, forfeiture, or other civil penalty
  223. If the offender is armed or becomes armed the trespass becomes what?
  224. When is third party consent to search valid?
  225. Conditions required before an officer may use deadly force in stopping a fleeing felon:
  226. 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. A frisk or pat down is not a full search, The scope of the frisk is limited to a pat down of outer clothing, containers, and property carried by the subject.
  227. A description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect
  228. Best known for prohibiting compelled self-incrimination. It also requires a grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process law.
  229. In deciding whether a person is in the custody for the purpose of Miranda, courts ask what two questions?
  230. is information that is allowed in court, while proof is the effect produced by that information.
  231. If the officer has reasonable suspicion that a person stopped was committing, is committing, or is about to commit a law violation
  232. Also called an arrest affidavit - 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.
  233. is a person or entity which suffers an injury as a result of a crime. The injury may involve physical harm, loss of money, loss of property, or damage to property.
  234. The Supreme Court has ruled that evidence obtained by government in violation of the Constitution cannot be used as evidence in court. This is known as what?
  235. The State must prove the following elements to convict a suspect of carrying a concealed weapon without
    a license:
    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.
  236. is anything that is illegal to possess. Illegal drugs are the most common example.
  237. are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.
  238. Carries a maximum penalty of 60 days in a county jail, a fine of $500, or both
  239. When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant. Such a search is reasonable under the Fourth Amendment.
  240. What happens when a suspect makes a clear and unequivocal request to invoke any of his or her rights under Miranda?
  241. Consciously doing an act that the person knew or should have known was likely to cause death or great bodily harm
  242. The maximum incarceration in a county jail for a period of up to 60 days, a fine of $ 500 and/or both
  243. Recklessness, imposed criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.
  244. Evidence is offered in court for what three basic reasons.
  245. The State must prove the following elements to convict a suspect of what?
    1. The offender entered the dwelling of the victim.
    2. At the time that the offender entered the dwelling, he or she intended to
    commit robbery.
    3. While inside the dwelling, the offender did commit robbery.
  246. means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person
  247. Crimes may be reclassified to the next higher degree when what factors are present?
  248. The State must prove the following elements to convict a suspect of what?
    1. The defendant forcibly, 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
  249. Not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft. It is a written list of all valuable property in the vehicle.
  250. Because there is not a specific charge of domestic violence, what would the actual crime generally be?
  251. Intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them or forcing or enticing a person to so touch
    the perpetrator.
  252. A court review of all factors known to the officer at the time of the incident
  253. A person who commits petit theft and who has been previously convicted of any
    theft commits a what?
  254. The State must prove the following elements to convict a suspect of what?
    1. The offender took the money or property from the victim or from custody of
    the victim.
    2. The property taken was of some value.
    3. The victim was or became aware of the act in the course of the taking.
    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.
  255. is witness statements tending to prove or disprove facts about the case. It includes the testimonies of law
    enforcement officers, experts, and other witnesses.
  256. The court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain Constitutional rights.
  257. The State must prove one of the following elements to convict a suspect of what?
    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.
  258. All of the following criminal homicides are felonies.
  259. is an unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law.
  260. The State must prove the following elements to convict a suspect of what?
    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.
  261. Part of the Fourteenth Amendment that expands the restriction the Bill of Rights places on the federal government to state and local governments and states, " No state shall make or enforce any law which shall abridge the privileges and immunities of the citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process law; nor deny any person within its jurisdiction of the equal protection of the laws."
  262. If the defendant helped another person or other people to commit or attempt to commit a crime, and must be treated as if he or she had done all the things the other person or people did, if the defendant consciously intended that the criminal act be done; The defendant is charged with what?
  263. are designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers.
  264. Four elements to the Miranda decision
  265. include the following offenses: treason, murder, manslaughter, sexual battery, carjacking, home invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing placing or discharging of
    a destructive device, any
  266. occurs when an officer is found guilty of committing a crime and
    is sentenced to incarceration or other penalties.
  267. The U.S Constitution guarantees what?
  268. The State must prove the following elements to convict a suspect of what?
    1. Intentional infliction of physical or psychological injury upon an elderly person or disabled adult
    2. An intentional act that could reasonably be expected to result in physical or psychological injury to an
    elderly person or disabled adult
    3. Active encouragement of any person to commit an act that results or could reasonably be expected to
    result in physical or psychological injury to an elderly person or disabled adult
  269. Prohibits excessive bails and fines and cruel and unusual punishment.
  270. Maybe conducted without a warrant even if there may be time to obtain a warrant, must be licensed, registered, and insured, and are easily moved, they have a reduced expectation of privacy, and does not have to occur at the same time as the stop. Probable cause is required.
  271. refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business.
  272. In order to be deemed valid, a search warrant must meet what legal requirements?
  273. The space of ground and outbuildings immediately surrounding a structure of someone's home and an open field
  274. Has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000 or both.
  275. means a person's social security number, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicare or food assistance account number, bank account number, credit or debit card number, and medical records.
  276. Under limited circumstances, consent to search may be implied.
  277. is a child 12 years of age or younger who is alleged
    to have committed a violation of sexual battery, prostitution, a lewd and lascivious act, an act of sexual performance by a child, or an act of obscenity, or any violation of law or delinquent act involving juvenile sexual abuse.
  278. If the property stolen is valued at over $300,
    the offender commits the felony of what?
  279. What is battery classified as?
  280. Are punishable by incarceration and classified as either a felony or misdemeanor
  281. The State must prove the following elements to convict a suspect of what?
    1. The offender knowingly did one of 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.
  282. Two types of arrests under Florida law
  283. A person who commits petit theft, and who has been previously convicted two or more times of petit theft, commits a what?
  284. is failure to use due or reasonable care in a situation that results in harm to another.
  285. for possession of marijuana less than 20 grams or possession of 3 grams or less of a controlled substance described in ss. 893.03(1)(c)46.-50,114.-142, 151.-159, or 166.-169., F.S., and controlled substances listed in
    s. 893.03(5), F.S.
  286. The State must prove the following elements to convict a suspect of what?
    1. The defendant knowingly and unlawfully engaged in the activity.
    2. The defendant played in any game of cards, keno, roulette, faro or other game of chance for money or
    thing of value.
  287. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole.
  288. A court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant. Probable cause contained in an affidavit is required to obtain what?
  289. is anything written or printed which is offered to prove or
    disprove facts pertaining to the case.
  290. The State must prove the following elements to convict a suspect of what?
    1. The defendant secretly observed the victim.
    2. The act alleged was done with a lewd, lascivious, or indecent intent.
    3. When the victim was observed he/she was in a dwelling, structure, or conveyance in which he/she had
    a reasonable expectation of privacy.
    *Note: A second offense increases the crime to a felony.
  291. The rights should be read one time from an agency-provided Miranda card or form.
  292. 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.
  293. 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 what?
  294. Relying on collective knowledge of other officers when taking law enforcement action.
  295. A presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect.
  296. To refer to the process of interrogating or questioning a suspect
  297. 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
  298. 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.
  1. a The First Amendment
  2. b Abandoned property
  3. c Structure
  4. d articulable suspicion and founded suspicion
  5. e Human Smuggling, s. 787.07, F.S., Felony
  6. f The Amendments to the Constitution
  7. g A Life Felony
  8. h A second-degree felony
  9. i Carrying Concealed Weapon (without a license), s. 790.01, F.S., Misdemeanor/Felony
  10. j A Search
  11. k Direct or indirectly
  12. l Felony
  13. m Uttering a Forged Instrument, s. 831.02, F.S., Felony
  14. n The Investigative, or Terry, stops
  15. o Custody
  16. p Criminal Law
  17. q General Intent
  18. r Once the Miranda warnings are required.
  19. s Petit Theft
  20. t Circumstantial or indirect evidence
  21. u use of force
  22. v Noncriminal Offense
  23. w A Felony
  24. x probable cause that the suspect committed a serious crime, immediate or continuous pursuit of the suspect, and probable cause that the suspect is in the premises that is being entered without a warrant,
  25. y The Good Faith Doctrine
  26. z Defense of property
  27. aa 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.
  28. ab defines child, juvenile, or youth
  29. ac Carjacking, s. 812.133, F.S., Felony.
  30. ad Retail Theft, s. 812.015(1), F.S., Misdemeanor/Felony
  31. ae qualified immunity
  32. af Kidnapping, s. 787.01, F.S., Felony
  33. ag U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968)
  34. ah Substantive and Procedural
  35. ai Conveyance
  36. aj Example of Scope of Search
  37. ak Criminal Use of Personal Identification Information (Identity Theft), s. 817.568, F.S., Felony
  38. al A custodial arrest
  39. am Crime
  40. an The Constitution
  41. ao Once withdrawn, the officer must stop searching immediately. The scope of consent can be limited as well.
  42. ap Intent
  43. aq Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a),
    F.S., Felony
  44. ar Consent
  45. as Require the government to be fair when taking away someone's life, liberty, or property.
  46. at The Fifth Amendment
  47. au Lewd or Lascivious Exhibition
  48. av Fellow officer rule
  49. aw A Third-degree Felony
  50. ax Personal identification information
  51. ay Unnatural
  52. az • will or other testamentary instrument
    • firearm
    • motor vehicle
    • any commercially farmed animal
    • an aquaculture species raised at a permitted aquaculture facility
    • fire extinguisher
    • 2,000 pieces of citrus fruit
    • property from a posted construction site
    • any stop sign
    • property, funds, or assets from a person 65 years of age or older
    • anhydrous ammonia
  53. ba A Seizure
  54. bb That robbery involves the use of force against
    a person.
  55. bc Use or Possession of Drug Paraphernalia, s. 893.147(1), F.S., Misdemeanor
  56. bd Aggravated Battery, s. 784.045, F.S., Felony
  57. be Acting within the scope of employment
  58. bf Possession of Alcoholic Beverage by a Person Under the Age of 21, s. 562.111, F.S., Misdemeanor
  59. bg Instrumentalities
  60. bh Hearsay
  61. bi Administrative Law
  62. bj Controlled Substances
    A "specific substance alleged" is a controlled substance.
  63. bk Forcible felonies
  64. bl Lewd or Lascivious Conduct
  65. bm The search warrant
  66. bn Plain view, mobile conveyance, exigent circumstances
  67. bo Excited utterances
  68. bp Offense
  69. bq Protects people from governmental intrusion into areas where they have a reasonable expectation of privacy. It prohibits search and seizures unless they are conducted with probable cause and under reasonable circumstances.
  70. br Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor
  71. bs Mobile Conveyance
  72. bt The Carroll Doctrine
    Carroll v. U.S., 267 U.S. 132 (1925)
  73. bu A Second-degree Misdemeanor
  74. bv Maliciously
  75. bw Live line-up
  76. bx Deadly Force
  77. by Evidence
  78. bz Direct evidence
  79. ca consent, inventory, administrative, incident to arrest
  80. cb Use of Force to Prevent Escape
  81. cc English Common Law
  82. cd Luring or Enticing a Child, s. 787.025, F.S., Misdemeanor/Felony
  83. ce The Fourth Amendment
  84. cf Direct Liability
  85. cg A Misdemeanor
  86. ch no retreat law
  87. ci A First-degree Misdemeanor
  88. cj Physical or real evidence
  89. ck Loitering or Prowling, s. 856.021, F.S., Misdemeanor
  90. cl Punitive damages
  91. cm Show-up
  92. cn An Arrest Warrant
  93. co A first-degree misdemeanor
  94. cp Vicarious Liability
  95. cq Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age,
    s. 569.101, F.S., Misdemeanor
  96. cr States that when laws conflict, federal law generally overrules state and local law.
  97. cs Pretext Stop
  98. ct Voluntary Consent
  99. cu A third-degree felony
  100. cv BOLO (Be On the Look Out)
  101. cw Selling or Giving Alcoholic Beverages to a Person Under the Age of 21, s. 562.11, F.S., Misdemeanor
  102. cx Criminal Offense
  103. cy An accessory
  104. cz Contraband
  105. da solicitation
  106. db Custody, interrogation, understanding, and free and voluntary waiving of rights.
  107. dc Mistake or ignorance of fact
  108. dd The Plain touch / feel doctrine
  109. de Common Law
  110. df The actual crime would generally be one of the
    aforementioned with enhancement added to the charge, i.e., battery (domestic violence) or aggravated battery
    (domestic violence).
  111. dg Attempt
  112. dh Gambling, s. 849.08, F.S., Misdemeanor/Felony
  113. di Tennessee v. Garner, 471 U.S. 1 (1985)
  114. dj Drug Abuse—Possession, s. 893.13(6)(a), F.S., Felony and s. 893.13(6)(b), F.S., Misdemeanor*
  115. dk Assault, s. 784.011, F.S., Misdemeanor
  116. dl In Graham v. Connor, 490 U.S. 386 (1989)
  117. dm Substantive due process
  118. dn Generally, interviews at the scene - such as Terry stops, traffic stops, and field sobriety exercises - are not considered custody because they are typically brief in nature. Handcuffing the subject or otherwise restricting his or her movement so that he or she is not free to leave is considered custody.
  119. do Investigative Stop
  120. dp Fraudulent Use of Credit Card, s. 817.61, F.S., Misdemeanor/Felony
  121. dq An officer needs to determine what specific acts or facts must be present before an offender can be charged with a crime.
  122. dr The Articles of the Constitution
  123. ds When the elements of custodial interrogation have been satisfied.
  124. dt (1) a duty to act with care, (2) breach of the duty to
    act, (3) causation or proximate cause, and (4) damages.
  125. du Government, Intrusion, and Reasonable expectation of privacy (REP)
  126. dv Stalking, s. 784.048(2), F.S., Misdemeanor
  127. dw Testimonial evidence
  128. dx Open fields
  129. dy The Due Process Clause
  130. dz Administrative Searches
  131. ea Notice to Appear (NTA)
  132. eb Arrest
  133. ec statute of limitations
  134. ed Theft, s. 812.014, F.S., Misdemeanor/Felony
  135. ee The Fruits of the Poisonous Tree doctrine
  136. ef Grand Theft
  137. eg Examples are searches of airline passengers, searches of patrons attending sporting events, courts will not generally approve of warrantless searches based on implied consent.
  138. eh First-degree murder
  139. ei Contraband Articles
  140. ej U.S. v. Ross, 456 U.S. 798 (1982)
  141. ek mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt
  142. el Sections 932.702 - 932.706, F.S.
  143. em That the person to be charged committed the crime
  144. en Exclusionary Rule
  145. eo mental incompetence
  146. ep Miranda v. Arizona. 384 U.S. 436, 86 S.Ct. 1602 (1966)
  147. eq Human trafficking
  148. er Elder Abuse, s. 825.102, F.S.
  149. es Officers should get in the habit of always reading from a Miranda card or form.
  150. et Transferred Intent
  151. eu Criminal Negligence
  152. ev Was the individual stopped or restrained by the officer?
    Was the individual restricted from leaving at anytime during the encounter?
    Was the individual's freedom of movement restricted in anyway?
    Was the officer doing more than asking questions? Any demands made by the officer can turn an encounter into a stop.
  153. ew Misdemeanor
  154. ex 1. The person has committed a felony or misdemeanor of violation 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.
  155. ey direct and indirect
  156. ez Domestic Violence
  157. fa Procedural due process
  158. fb Law
  159. fc A Second-degree Felony
  160. fd The Bill of Rights
  161. fe Destruction of Evidence
  162. ff Dwelling
  163. fg A second-degree misdemeanor
  164. fh Sexual battery on a child under 12 years old by a person 18 years or older
  165. fi a right of privacy, a right to be left alone - to all individuals who do not break the law.
  166. fj A search warrant
  167. fk Forgery, s. 831.01, F.S., Felony
  168. fl Specific Intent
  169. fm Constitutional Law
    Statutory Law
    Ordinances
    Criminal Law
    Case Law
    Civil Law
  170. fn Will be determined based on the totality of the circumstances
  171. fo Possession of Tobacco Products by a Person Under 18 Years of Age, s. 569.11, F.S., Noncriminal Infraction
  172. fp False Imprisonment, s. 787.02, F.S., Felony
    Note: Confinement of a child under the age of 13 is against the child's will if such confinement is without the
    consent of the parent or legal guardian.
  173. fq when deadly force is necessary to prevent the suspect from escaping, when a warning has been given, when feasible; when the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or when the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.
  174. fr Abandoned property and open fields
  175. fs Case Law
  176. ft Entrapment
  177. fu Documentary evidence
  178. fv A civil rights violation
  179. fw Unnatural and Lascivious Acts, s. 800.02, F.S., Misdemeanor
  180. fx Emergency Scene
  181. fy Criminal Mischief, s. 806.13, F.S., Misdemeanor/Felony*
  182. fz Resisting Officer without Violence, s. 843.02, F.S., Misdemeanor
  183. ga juvenile sex offender
  184. gb Drug Abuse—Sale, Purchase, Manufacture, Delivery, or Possession within 1,000 feet of a School,
    ss. 893.13(1)(c), (d), (e), and (h), F.S., Felony
  185. gc Trespass—On Property Other than a Structure or Conveyance, s. 810.09, F.S., Misdemeanor/Felony
  186. gd Exposure of Sexual Organs, s. 800.03, F.S., Misdemeanor
  187. ge A witness
  188. gf Battery, s. 784.03, F.S., Misdemeanor/Felony
  189. gg A breach of duty
  190. gh general, specific, transferred, and criminal negligence
  191. gi Probable cause exists where the facts and circumstances within the arresting officer's knowledge and of which they had reasonably trustworthy information, are sufficient in themselves to warrant a man reasonable caution in the belief that an offense has been or is being committed... we deal with probabilities. They are factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Draper v. U.S., 385 U.S 307 (1959)
  192. gj A suspect
  193. gk Disorderly Intoxication, s. 856.011, F.S., Misdemeanor
  194. gl under color of law.
  195. gm Elderly person
  196. gn A victim
  197. go Incident to Arrest
  198. gp The Second Amendment
  199. gq All questioning must cease immediately
  200. gr Miranda Decision
  201. gs Lewd or Lascivious Molestation
  202. gt A First-degree Felony
  203. gu Custodial Interview
  204. gv Felony Battery, s. 784.041, F.S., Felony
  205. gw Robbery by Sudden Snatching, s. 812.131, F.S., Felony.
  206. gx Constitutional Law
  207. gy dangerous weapons, fruit of the crime - objects obtained by the suspect as a result of committing the crime, instruments of crime - items used by the suspect to commit the crime, contraband - anything that is illegal to process, evidence - anything that tend to prove or disapprove the existence of a fact, items defined by statute (chapter 933, F.S.-Search and Inspection Warrants), suspects.
  208. gz Misdemeanor Exceptions
  209. ha If the third party has mutual access and control over the area to be searched. A search may not be done by consent of one co-tenant if another co-tenant is present and objects to the search.
  210. hb The evidence must be relevant to the case, obtained legally, and preserved properly. The chain of custody must also be preserved
  211. hc Fruits of a crime
  212. hd A felony
  213. he A Search Warrant
  214. hf Statutory Laws
  215. hg Probable Cause Affidavit
    ( elements of the crime)
  216. hh Prostitution
  217. hi that the subject is lawfully detained and that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.
  218. hj negligence
  219. hk Morality and Religion
  220. hl Sexual Battery, s. 794.011, F.S., Felony
  221. hm Ordinances
  222. hn An alibi
  223. ho terminate the encounter, issue a notice to appear, or physically take the suspect into custody
  224. hp Probable Cause
  225. hq A firearm
  226. hr Giving a Worthless Check, s. 832.05, F.S., Misdemeanor/Felony*
  227. hs Open House Party, s. 856.015, F.S., Misdemeanor
  228. ht Robbery, s. 812.13, F.S., Felony
  229. hu Was the action reasonable and necessary?, and was the amount of force applied reasonable and necessary?
  230. hv Voyeurism, s. 810.14, F.S., Misdemeanor/Felony*
  231. hw Admissibility of evidence
  232. hx Photographic Array
  233. hy Culpable Negligence
  234. hz It must be authorized and signed by a neutral magistrate or judge. 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 affidavit may be anyone, but the person serving must have jurisdiction over the place chosen for service.
  235. ia Compensatory damages
  236. ib there must have been a lawful custodial arrest, the search must be "substantially contemporaneous" or at the same time with the arrest.
  237. ic Prostitution, s. 796.07, F.S., Misdemeanor
  238. id A tort
  239. ie Self-defense
  240. if A Consensual Encounter
  241. ig A burglary
  242. ih Trespass-In Structure or Conveyance, s. 810.08 F.S., Misdemeanor / Felony.
  243. ii Exigent Circumstances
  244. ij A waiver
  245. ik Administrative proceedings
  246. il Aggravated Stalking, ss. 784.048(3), 784.048(4), and 784.048(5)*, F.S., Felony
  247. im Proximate cause
  248. in Burglary, s. 810.02, F.S., Felony
  249. io This type of evidence is known as exculpatory evidence.
  250. ip The state may not be able to prove the case beyond reasonable doubt, therefore the case may not be filed by the prosecutor.
  251. iq What were the facts and circumstances surrounding the interrogation. Given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave.
  252. ir Aggravated Assault, s. 784.021, F.S., Felony
  253. is Fresh Pursuit
  254. it A Capital Felony (highest class of felony)
  255. iu Willfully
  256. iv Curtilage
  257. iw The fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and show-ups
  258. ix Under the ' fellow officer' rule, law enforcement officials cooperating in an investigation are entitled to rely upon each other's knowledge of facts when forming the conclusion that a suspect has committed or is committing a crime.
  259. iy Civil Law
  260. iz The Sixth Amendment
  261. ja The least amount of certainty is mere suspicion, while the greatest is proof beyond a reasonable doubt
  262. jb Sovereign immunity
  263. jc principal in the first degree.
  264. jd • The victim's age
    • The offender's age
    • Consent
    • Injuries to the victim
    • Types of threats made to the victim
    • Whether the victim was drugged by the offender
    • Whether the victim was physically incapacitated
    • Whether the victim is mentally defective
    • Whether the victim is in custody or control of the offender who is a police officer, correctional officer,
    or probation officer.
  265. je Emergency Doctrine
  266. jf Insanity
  267. jg Must have probable cause
  268. jh Civil liability
  269. ji Corpus Delicti - "body of the offense"
  270. jj Lascivious
  271. jk As violent career criminals, habitual felony offenders, or habitual violent felony offenders
  272. jl Inventory Search
  273. jm Totality of Circumstances
  274. jn Resisting Officer with Violence, s. 843.01, F.S., Felony
  275. jo duress or coercion.
  276. jp Scope of Searches
  277. jq The Fourteenth Amendment
  278. jr Municipal / County Ordinance Violation
  279. js Omission
  280. jt Lewd or Lascivious Battery
  281. ju arrest with warrants and arrest without a warrant
  282. jv Child Abuse, s. 827.03(1)(b), F.S., Felony
  283. jw A Noncriminal Violation
  284. jx Human Trafficking, s. 787.06(3)(a), F.S., Felony
  285. jy Home Invasion Robbery, s. 812.135, F.S., Felony.
  286. jz A fence, posted fields, bushes, shrubs, the bed of a truck
  287. ka Mere Suspicion
  288. kb The Eight Amendment
  289. kc Possession of Burglary Tools, s. 810.06, F.S., Felony
  290. kd Violent offenses committed against law enforcement officers, correctional officers, State Attorneys, Assistant State Attorneys, and judges.
    Wearing a mask, hood, etc. to conceal identity while committing a felony or misdemeanor
    Evidencing prejudice while committing a crime (hate crime)
    Possessing a weapon while committing a crime
    Unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime
  291. ke the need to disarm the suspect in order to take him of her into custody and the need to preserve evidence for later use at trial.
  292. kf Murder, s. 782.04, F.S.
    Felony Murder, s. 782.04, F.S.
    Manslaughter, s. 782.07, F.S.
    Aggravated Manslaughter, s. 782.07, F.S.
    Vehicular Homicide, s. 782.071, F.S.
    DUI Manslaughter,
  293. kg Criminal liability
  294. kh The burden of proof in civil case is the " the greater weight (preponderance) of evidence."
  295. ki Gives law enforcement officers the authority to make arrest.
  296. kj Family or Household Member
  297. kk Plain View
  298. kl If the crime was committed with the use of a weapon or firearm