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308 Multiple choice questions

  1. Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor
  2. Plain view, mobile conveyance, exigent circumstances
  3. Use or Possession of Drug Paraphernalia, s. 893.147(1), F.S., Misdemeanor
  4. Exposure of Sexual Organs, s. 800.03, F.S., Misdemeanor
  5. Unnatural
  6. direct and indirect
  7. Child Abuse, s. 827.03(1)(b), F.S., Felony
  8. a right of privacy, a right to be left alone - to all individuals who do not break the law.
  9. English Common Law
  10. Consent
  11. 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,
  12. solicitation
  13. Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age,
    s. 569.101, F.S., Misdemeanor
  14. Sexual Battery, s. 794.011, F.S., Felony
  15. Constitutional Law
    Statutory Law
    Criminal Law
    Case Law
    Civil Law
  16. general, specific, transferred, and criminal negligence
  17. A victim
  18. Voyeurism, s. 810.14, F.S., Misdemeanor/Felony*
  19. Mere Suspicion
  20. Scope of Searches
  21. Human trafficking
  22. Prostitution, s. 796.07, F.S., Misdemeanor
  23. Emergency Doctrine
  24. Resisting Officer with Violence, s. 843.01, F.S., Felony
  25. 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.
  26. The Second Amendment
  27. under color of law.
  28. Domestic Violence
  29. That the person to be charged committed the crime
  30. This type of evidence is known as exculpatory evidence.
  31. defines child, juvenile, or youth
  32. A tort
  33. Aggravated Stalking, ss. 784.048(3), 784.048(4), and 784.048(5)*, F.S., Felony
  34. Proximate cause
  35. Notice to Appear (NTA)
  36. 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.
  37. In Graham v. Connor, 490 U.S. 386 (1989)
  38. Carrying Concealed Weapon (without a license), s. 790.01, F.S., Misdemeanor/Felony
  39. Lewd or Lascivious Exhibition
  40. Specific Intent
  41. Direct Liability
  42. The Articles of the Constitution
  43. Live line-up
  44. Contraband
  45. A Life Felony
  46. That robbery involves the use of force against
    a person.
  47. A firearm
  48. Once the Miranda warnings are required.
  49. An alibi
  50. 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.
  51. The fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and show-ups
  52. The Constitution
  53. Inventory Search
  54. Giving a Worthless Check, s. 832.05, F.S., Misdemeanor/Felony*
  55. BOLO (Be On the Look Out)
  56. Photographic Array
  57. A custodial arrest
  58. Substantive and Procedural
  59. Stalking, s. 784.048(2), F.S., Misdemeanor
  60. General Intent
  61. A Misdemeanor
  62. Miranda v. Arizona. 384 U.S. 436, 86 S.Ct. 1602 (1966)
  63. (1) a duty to act with care, (2) breach of the duty to
    act, (3) causation or proximate cause, and (4) damages.
  64. A burglary
  65. A Noncriminal Violation
  66. The Bill of Rights
  67. A Search
  68. The evidence must be relevant to the case, obtained legally, and preserved properly. The chain of custody must also be preserved
  69. Elder Abuse, s. 825.102, F.S.
  70. Transferred Intent
  71. Willfully
  72. statute of limitations
  73. 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.
  74. duress or coercion.
  75. Possession of Burglary Tools, s. 810.06, F.S., Felony
  76. terminate the encounter, issue a notice to appear, or physically take the suspect into custody
  77. Ordinances
  78. Corpus Delicti - "body of the offense"
  79. Direct evidence
  80. 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)
  81. Open fields
  82. no retreat law
  83. Curtilage
  84. A search warrant
  85. The Fourteenth Amendment
  86. Misdemeanor
  87. The state may not be able to prove the case beyond reasonable doubt, therefore the case may not be filed by the prosecutor.
  88. Totality of Circumstances
  89. The Bill of Rights
  90. Assault, s. 784.011, F.S., Misdemeanor
  91. Controlled Substances
    A "specific substance alleged" is a controlled substance.
  92. Unnatural and Lascivious Acts, s. 800.02, F.S., Misdemeanor
  93. use of force
  94. A Third-degree Felony
  95. 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.
  96. Criminal liability
  97. Case Law
  98. A Search Warrant
  99. Battery, s. 784.03, F.S., Misdemeanor/Felony
  100. Robbery by Sudden Snatching, s. 812.131, F.S., Felony.
  101. • 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.
  102. Theft, s. 812.014, F.S., Misdemeanor/Felony
  103. Attempt
  104. Felony
  105. Exclusionary Rule
  106. Fellow officer rule
  107. Selling or Giving Alcoholic Beverages to a Person Under the Age of 21, s. 562.11, F.S., Misdemeanor
  108. Require the government to be fair when taking away someone's life, liberty, or property.
  109. The Fourth Amendment
  110. Will be determined based on the totality of the circumstances
  111. Excited utterances
  112. A felony
  113. Insanity
  114. Circumstantial or indirect evidence
  115. mental incompetence
  116. Self-defense
  117. As violent career criminals, habitual felony offenders, or habitual violent felony offenders
  118. A waiver
  119. arrest with warrants and arrest without a warrant
  120. Contraband Articles
  121. Kidnapping, s. 787.01, F.S., Felony
  122. mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt
  123. Common Law
  124. A Felony
  125. Retail Theft, s. 812.015(1), F.S., Misdemeanor/Felony
  126. 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.
  127. A fence, posted fields, bushes, shrubs, the bed of a truck
  128. Drug Abuse—Possession, s. 893.13(6)(a), F.S., Felony and s. 893.13(6)(b), F.S., Misdemeanor*
  129. Example of Scope of Search
  130. Once withdrawn, the officer must stop searching immediately. The scope of consent can be limited as well.
  131. Omission
  132. The Investigative, or Terry, stops
  133. Uttering a Forged Instrument, s. 831.02, F.S., Felony
  134. Criminal Law
  135. 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.
  136. A Seizure
  137. Administrative Searches
  138. articulable suspicion and founded suspicion
  139. Physical or real evidence
  140. Defense of property
  141. Was the action reasonable and necessary?, and was the amount of force applied reasonable and necessary?
  142. Open House Party, s. 856.015, F.S., Misdemeanor
  143. Use of Force to Prevent Escape
  144. If the crime was committed with the use of a weapon or firearm
  145. Pretext Stop
  146. Voluntary Consent
  147. 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.
  148. The Carroll Doctrine
    Carroll v. U.S., 267 U.S. 132 (1925)
  149. Sovereign immunity
  150. Show-up
  151. An accessory
  152. A civil rights violation
  153. The Eight Amendment
  154. U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968)
  155. Misdemeanor
  156. When the elements of custodial interrogation have been satisfied.
  157. Exigent Circumstances
  158. Deadly Force
  159. Home Invasion Robbery, s. 812.135, F.S., Felony.
  160. Burglary, s. 810.02, F.S., Felony
  161. Documentary evidence
  162. Disorderly Intoxication, s. 856.011, F.S., Misdemeanor
  163. Mistake or ignorance of fact
  164. Forgery, s. 831.01, F.S., Felony
  165. Felony
  166. negligence
  167. Admissibility of evidence
  168. A third-degree felony
  169. Administrative proceedings
  170. Conveyance
  171. Lascivious
  172. Consent
  173. A breach of duty
  174. Resisting Officer without Violence, s. 843.02, F.S., Misdemeanor
  175. Miranda Decision
  176. 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.
  177. juvenile sex offender
  178. A suspect
  179. Administrative Law
  180. An officer needs to determine what specific acts or facts must be present before an offender can be charged with a crime.
  181. The Plain touch / feel doctrine
  182. A First-degree Misdemeanor
  183. Fresh Pursuit
  184. Noncriminal Offense
  185. Probable Cause Affidavit
    ( elements of the crime)
  186. Instrumentalities
  187. Criminal Mischief, s. 806.13, F.S., Misdemeanor/Felony*
  188. Offense
  189. Crime
  190. A second-degree misdemeanor
  191. A first-degree misdemeanor
  192. Tennessee v. Garner, 471 U.S. 1 (1985)
  193. Direct or indirectly
  194. The search warrant
  195. Investigative Stop
  196. Robbery, s. 812.13, F.S., Felony
  197. 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.
  198. Luring or Enticing a Child, s. 787.025, F.S., Misdemeanor/Felony
  199. The First Amendment
  200. Human Smuggling, s. 787.07, F.S., Felony
  201. 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,
  202. Lewd or Lascivious Conduct
  203. Testimonial evidence
  204. Examples are searches of airline passengers, searches of patrons attending sporting events, courts will not generally approve of warrantless searches based on implied consent.
  205. The Due Process Clause
  206. Petit Theft
  207. Custody
  208. Punitive damages
  209. An Arrest Warrant
  210. Grand Theft
  211. Procedural due process
  212. 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
  213. Destruction of Evidence
  214. Possession of Alcoholic Beverage by a Person Under the Age of 21, s. 562.111, F.S., Misdemeanor
  215. Acting within the scope of employment
  216. 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.
  217. Aggravated Assault, s. 784.021, F.S., Felony
  218. Government, Intrusion, and Reasonable expectation of privacy (REP)
  219. Felony Battery, s. 784.041, F.S., Felony
  220. A Capital Felony (highest class of felony)
  221. Emergency Scene
  222. Carjacking, s. 812.133, F.S., Felony.
  223. Abandoned property and open fields
  224. Hearsay
  225. A First-degree Felony
  226. Sexual battery on a child under 12 years old by a person 18 years or older
  227. Dwelling
  228. Fresh Pursuit
  229. Arrest
  230. Criminal Use of Personal Identification Information (Identity Theft), s. 817.568, F.S., Felony
  231. Morality and Religion
  232. Lewd or Lascivious Molestation
  233. 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.
  234. Gambling, s. 849.08, F.S., Misdemeanor/Felony
  235. 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).
  236. Misdemeanor Exceptions
  237. A second-degree felony
  238. 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
  239. Plain View
  240. U.S. v. Ross, 456 U.S. 798 (1982)
  241. The burden of proof in civil case is the " the greater weight (preponderance) of evidence."
  242. A Second-degree Misdemeanor
  243. A Felony
  244. Lewd or Lascivious Battery
  245. The Amendments to the Constitution
  246. Civil Law
  247. principal in the first degree.
  248. Trespass-In Structure or Conveyance, s. 810.08 F.S., Misdemeanor / Felony.
  249. Prostitution
  250. The Fourth Amendment
  251. Structure
  252. Officers should get in the habit of always reading from a Miranda card or form.
  253. Criminal Negligence
  254. The least amount of certainty is mere suspicion, while the greatest is proof beyond a reasonable doubt
  255. States that when laws conflict, federal law generally overrules state and local law.
  256. qualified immunity
  257. Culpable Negligence
  258. Abandoned property
  259. Fruits of a crime
  260. Custodial Interview
  261. Elderly person
  262. Constitutional Law
  263. Forcible felonies
  264. Human Trafficking, s. 787.06(3)(a), F.S., Felony
  265. Possession of Tobacco Products by a Person Under 18 Years of Age, s. 569.11, F.S., Noncriminal Infraction
  266. A witness
  267. Vicarious Liability
  268. Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a),
    F.S., Felony
  269. 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.
  270. The Fourth Amendment
  271. Loitering or Prowling, s. 856.021, F.S., Misdemeanor
  272. consent, inventory, administrative, incident to arrest
  273. Criminal Offense
  274. Trespass—On Property Other than a Structure or Conveyance, s. 810.09, F.S., Misdemeanor/Felony
  275. Probable Cause
  276. The Good Faith Doctrine
  277. Substantive due process
  278. Culpable Negligence
  279. Law
  280. The Fruits of the Poisonous Tree doctrine
  281. there must have been a lawful custodial arrest, the search must be "substantially contemporaneous" or at the same time with the arrest.
  282. Custody, interrogation, understanding, and free and voluntary waiving of rights.
  283. All questioning must cease immediately
  284. Evidence
  285. Intent
  286. Aggravated Battery, s. 784.045, F.S., Felony
  287. that the subject is lawfully detained and that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.
  288. The Fifth Amendment
  289. Sections 932.702 - 932.706, F.S.
  290. Gives law enforcement officers the authority to make arrest.
  291. Must have probable cause
  292. Civil liability
  293. Probable Cause
  294. A Consensual Encounter
  295. Maliciously
  296. Compensatory damages
  297. Incident to Arrest
  298. Entrapment
  299. The Sixth Amendment
  300. Municipal / County Ordinance Violation
  301. A Second-degree Felony
  302. Statutory Laws
  303. First-degree murder
  304. Fraudulent Use of Credit Card, s. 817.61, F.S., Misdemeanor/Felony
  305. • 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
  306. Family or Household Member
  307. Mobile Conveyance
  308. Personal identification information