308 Multiple choice questions
- Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor
- Plain view, mobile conveyance, exigent circumstances
- Use or Possession of Drug Paraphernalia, s. 893.147(1), F.S., Misdemeanor
- Exposure of Sexual Organs, s. 800.03, F.S., Misdemeanor
- direct and indirect
- Child Abuse, s. 827.03(1)(b), F.S., Felony
- a right of privacy, a right to be left alone - to all individuals who do not break the law.
- English Common Law
- 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.
- Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age,
s. 569.101, F.S., Misdemeanor
- Sexual Battery, s. 794.011, F.S., Felony
- Constitutional Law
- general, specific, transferred, and criminal negligence
- A victim
- Voyeurism, s. 810.14, F.S., Misdemeanor/Felony*
- Mere Suspicion
- Scope of Searches
- Human trafficking
- Prostitution, s. 796.07, F.S., Misdemeanor
- Emergency Doctrine
- Resisting Officer with Violence, s. 843.01, F.S., Felony
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.
- The Second Amendment
- under color of law.
- Domestic Violence
- That the person to be charged committed the crime
- This type of evidence is known as exculpatory evidence.
- defines child, juvenile, or youth
- A tort
- Aggravated Stalking, ss. 784.048(3), 784.048(4), and 784.048(5)*, F.S., Felony
- Proximate cause
- Notice to Appear (NTA)
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.
- In Graham v. Connor, 490 U.S. 386 (1989)
- Carrying Concealed Weapon (without a license), s. 790.01, F.S., Misdemeanor/Felony
- Lewd or Lascivious Exhibition
- Specific Intent
- Direct Liability
- The Articles of the Constitution
- Live line-up
- A Life Felony
- That robbery involves the use of force against
- A firearm
- Once the Miranda warnings are required.
- An alibi
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
fellow officer rule, a citizen informant, corroborated (verified)
anonymous tips, reliable and credible confidential information,
line-ups, and show-ups
- The Constitution
- Inventory Search
- Giving a Worthless Check, s. 832.05, F.S., Misdemeanor/Felony*
- BOLO (Be On the Look Out)
- Photographic Array
- A custodial arrest
- Substantive and Procedural
- Stalking, s. 784.048(2), F.S., Misdemeanor
- General Intent
- A Misdemeanor
- Miranda v. Arizona. 384 U.S. 436, 86 S.Ct. 1602 (1966)
- (1) a duty to act with care, (2) breach of the duty to
act, (3) causation or proximate cause, and (4) damages.
- A burglary
- A Noncriminal Violation
- The Bill of Rights
- A Search
- The evidence must be relevant to the case, obtained legally, and preserved properly. The chain of custody must also be preserved
- Elder Abuse, s. 825.102, F.S.
- Transferred Intent
- statute of limitations
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.
- duress or coercion.
- Possession of Burglary Tools, s. 810.06, F.S., Felony
- terminate the encounter, issue a notice to appear, or physically take the suspect into custody
- Corpus Delicti - "body of the offense"
- Direct evidence
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)
- Open fields
- no retreat law
- A search warrant
- The Fourteenth Amendment
- The state may not be able to prove the case beyond reasonable doubt, therefore the case may not be filed by the prosecutor.
- Totality of Circumstances
- The Bill of Rights
- Assault, s. 784.011, F.S., Misdemeanor
- Controlled Substances
A "specific substance alleged" is a controlled substance.
- Unnatural and Lascivious Acts, s. 800.02, F.S., Misdemeanor
- use of force
- A Third-degree Felony
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.
- Criminal liability
- Case Law
- A Search Warrant
- Battery, s. 784.03, F.S., Misdemeanor/Felony
- Robbery by Sudden Snatching, s. 812.131, F.S., Felony.
- • The victim's age
• The offender's age
• 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.
- Theft, s. 812.014, F.S., Misdemeanor/Felony
- Exclusionary Rule
- Fellow officer rule
- Selling or Giving Alcoholic Beverages to a Person Under the Age of 21, s. 562.11, F.S., Misdemeanor
- Require the government to be fair when taking away someone's life, liberty, or property.
- The Fourth Amendment
- Will be determined based on the totality of the circumstances
- Excited utterances
- A felony
- Circumstantial or indirect evidence
- mental incompetence
- As violent career criminals, habitual felony offenders, or habitual violent felony offenders
- A waiver
- arrest with warrants and arrest without a warrant
- Contraband Articles
- Kidnapping, s. 787.01, F.S., Felony
- mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt
- Common Law
- A Felony
- Retail Theft, s. 812.015(1), F.S., Misdemeanor/Felony
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.
- A fence, posted fields, bushes, shrubs, the bed of a truck
- Drug Abuse—Possession, s. 893.13(6)(a), F.S., Felony and s. 893.13(6)(b), F.S., Misdemeanor*
- Example of Scope of Search
- Once withdrawn, the officer must stop searching immediately. The scope of consent can be limited as well.
- The Investigative, or Terry, stops
- Uttering a Forged Instrument, s. 831.02, F.S., Felony
- Criminal Law
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.
- A Seizure
- Administrative Searches
- articulable suspicion and founded suspicion
- Physical or real evidence
- Defense of property
- Was the action reasonable and necessary?, and was the amount of force applied reasonable and necessary?
- Open House Party, s. 856.015, F.S., Misdemeanor
- Use of Force to Prevent Escape
- If the crime was committed with the use of a weapon or firearm
- Pretext Stop
- Voluntary Consent
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.
- The Carroll Doctrine
Carroll v. U.S., 267 U.S. 132 (1925)
- Sovereign immunity
- An accessory
- A civil rights violation
- The Eight Amendment
- U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968)
- When the elements of custodial interrogation have been satisfied.
- Exigent Circumstances
- Deadly Force
- Home Invasion Robbery, s. 812.135, F.S., Felony.
- Burglary, s. 810.02, F.S., Felony
- Documentary evidence
- Disorderly Intoxication, s. 856.011, F.S., Misdemeanor
- Mistake or ignorance of fact
- Forgery, s. 831.01, F.S., Felony
- Admissibility of evidence
- A third-degree felony
- Administrative proceedings
- A breach of duty
- Resisting Officer without Violence, s. 843.02, F.S., Misdemeanor
- Miranda Decision
- 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.
- juvenile sex offender
- A suspect
- Administrative Law
- An officer needs to determine what specific acts or facts must be present before an offender can be charged with a crime.
- The Plain touch / feel doctrine
- A First-degree Misdemeanor
- Fresh Pursuit
- Noncriminal Offense
- Probable Cause Affidavit
( elements of the crime)
- Criminal Mischief, s. 806.13, F.S., Misdemeanor/Felony*
- A second-degree misdemeanor
- A first-degree misdemeanor
- Tennessee v. Garner, 471 U.S. 1 (1985)
- Direct or indirectly
- The search warrant
- Investigative Stop
- Robbery, s. 812.13, F.S., Felony
- 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.
- Luring or Enticing a Child, s. 787.025, F.S., Misdemeanor/Felony
- The First Amendment
- Human Smuggling, s. 787.07, F.S., Felony
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,
- Lewd or Lascivious Conduct
- Testimonial evidence
are searches of airline passengers, searches of patrons attending
sporting events, courts will not generally approve of warrantless
searches based on implied consent.
- The Due Process Clause
- Petit Theft
- Punitive damages
- An Arrest Warrant
- Grand Theft
- Procedural due process
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
- Destruction of Evidence
- Possession of Alcoholic Beverage by a Person Under the Age of 21, s. 562.111, F.S., Misdemeanor
- Acting within the scope of employment
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.
- Aggravated Assault, s. 784.021, F.S., Felony
- Government, Intrusion, and Reasonable expectation of privacy (REP)
- Felony Battery, s. 784.041, F.S., Felony
- A Capital Felony (highest class of felony)
- Emergency Scene
- Carjacking, s. 812.133, F.S., Felony.
- Abandoned property and open fields
- A First-degree Felony
- Sexual battery on a child under 12 years old by a person 18 years or older
- Fresh Pursuit
- Criminal Use of Personal Identification Information (Identity Theft), s. 817.568, F.S., Felony
- Morality and Religion
- Lewd or Lascivious Molestation
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.
- Gambling, s. 849.08, F.S., Misdemeanor/Felony
- The actual crime would generally be one of the
aforementioned with enhancement added to the charge, i.e., battery (domestic violence) or aggravated battery
- Misdemeanor Exceptions
- A second-degree felony
- 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
- Plain View
- U.S. v. Ross, 456 U.S. 798 (1982)
- The burden of proof in civil case is the " the greater weight (preponderance) of evidence."
- A Second-degree Misdemeanor
- A Felony
- Lewd or Lascivious Battery
- The Amendments to the Constitution
- Civil Law
- principal in the first degree.
- Trespass-In Structure or Conveyance, s. 810.08 F.S., Misdemeanor / Felony.
- The Fourth Amendment
- Officers should get in the habit of always reading from a Miranda card or form.
- Criminal Negligence
- The least amount of certainty is mere suspicion, while the greatest is proof beyond a reasonable doubt
- States that when laws conflict, federal law generally overrules state and local law.
- qualified immunity
- Culpable Negligence
- Abandoned property
- Fruits of a crime
- Custodial Interview
- Elderly person
- Constitutional Law
- Forcible felonies
- Human Trafficking, s. 787.06(3)(a), F.S., Felony
- Possession of Tobacco Products by a Person Under 18 Years of Age, s. 569.11, F.S., Noncriminal Infraction
- A witness
- Vicarious Liability
- Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a),
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.
- The Fourth Amendment
- Loitering or Prowling, s. 856.021, F.S., Misdemeanor
- consent, inventory, administrative, incident to arrest
- Criminal Offense
- Trespass—On Property Other than a Structure or Conveyance, s. 810.09, F.S., Misdemeanor/Felony
- Probable Cause
- The Good Faith Doctrine
- Substantive due process
- Culpable Negligence
- The Fruits of the Poisonous Tree doctrine
must have been a lawful custodial arrest, the search must be
"substantially contemporaneous" or at the same time with the arrest.
- Custody, interrogation, understanding, and free and voluntary waiving of rights.
- All questioning must cease immediately
- Aggravated Battery, s. 784.045, F.S., Felony
the subject is lawfully detained and that the officer has reasonable
suspicion to believe that the subject possesses a dangerous weapon.
- The Fifth Amendment
- Sections 932.702 - 932.706, F.S.
- Gives law enforcement officers the authority to make arrest.
- Must have probable cause
- Civil liability
- Probable Cause
- A Consensual Encounter
- Compensatory damages
- Incident to Arrest
- The Sixth Amendment
- Municipal / County Ordinance Violation
- A Second-degree Felony
- Statutory Laws
- First-degree murder
- Fraudulent Use of Credit Card, s. 817.61, F.S., Misdemeanor/Felony
- • will or other testamentary instrument
• 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
- Family or Household Member
- Mobile Conveyance
- Personal identification information