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308 True/False questions

  1. 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.
    Elder Abuse, s. 825.102, F.S.

          

  2. 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 AmendmentIn Graham v. Connor, 490 U.S. 386 (1989)

          

  3. 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.Elderly person

          

  4. The next level above consensual encounter is what?The Second Amendment

          

  5. 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.Substantive due process

          

  6. means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity
    between spouses.
    Acting within the scope of employment

          

  7. All of the following criminal homicides are felonies.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,

          

  8. Crimes may be reclassified to the next higher degree when what factors are present?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

          

  9. 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.
    Robbery, s. 812.13, F.S., Felony

          

  10. What is battery classified as?A first-degree misdemeanor

          

  11. The court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain Constitutional rights.Miranda v. Arizona. 384 U.S. 436, 86 S.Ct. 1602 (1966)

          

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

          

  13. Was originally intended to restrict the actions of the federal governmentThe Bill of Rights

          

  14. What is Chapter 901 of the Florida Statutes?A first-degree misdemeanor

          

  15. 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?The Fourteenth Amendment

          

  16. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole.A Capital Felony (highest class of felony)

          

  17. What is the least and greatest amount of certainty?A fence, posted fields, bushes, shrubs, the bed of a truck

          

  18. involves an entry into some place without permission to enter in order to commit a crime therein.A burglary

          

  19. 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
    Elder Abuse, s. 825.102, F.S.

          

  20. 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?Plain view, mobile conveyance, exigent circumstances

          

  21. 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.Pretext Stop

          

  22. 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.
    Dwelling

          

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

          

  24. The two main components of due process are?Substantive and Procedural

          

  25. 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.
    Willfully

          

  26. Certain drugs and chemical substances are, by law, known as what?A felony

          

  27. Two types of arrests under Florida lawarrest with warrants and arrest without a warrant

          

  28. Requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act.Circumstantial or indirect evidence

          

  29. Although probable cause supporting a person's commission of a crime may exist, without further evidence, the state may take what action?Civil Law

          

  30. 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.
    Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age,
    s. 569.101, F.S., Misdemeanor

          

  31. The most common deadly force incidents involved what?A firearm

          

  32. What are the two Supreme Court has noted "two historical rationales for the search incident to arrest exception?In Graham v. Connor, 490 U.S. 386 (1989)

          

  33. The part of statutory laws that are defined unacceptable behaviors and government prosecution of those who commit them.Criminal Law

          

  34. 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.The Plain touch / feel doctrine

          

  35. means not in accordance with nature or with normal feelings or behavior.Unnatural

          

  36. Simple negligence cannot give rise to criminal charges; it is only when that negligence is gross or flagrant that it reaches the level of criminal responsibility called?That robbery involves the use of force against
    a person.

          

  37. A law enforcement officer may make a probable cause arrest without a warrant under what circumstances?Mobile Conveyance

          

  38. are the objects obtained by the defendant as a result of committing the crime.Instrumentalities

          

  39. Carries a maximum penalty of 60 days in a county jail, a fine of $500, or bothA Second-degree Misdemeanor

          

  40. 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.
    Lascivious

          

  41. 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 businessA Consensual Encounter

          

  42. 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.The Sixth Amendment

          

  43. 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.
    Omission

          

  44. Relying on collective knowledge of other officers when taking law enforcement action.Fellow officer rule

          

  45. 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.Common Law

          

  46. 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.
    Resisting Officer with Violence, s. 843.01, F.S., Felony

          

  47. 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.Destruction of Evidence

          

  48. What are examples of curtilage?A fence, posted fields, bushes, shrubs, the bed of a truck

          

  49. are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness.Offense

          

  50. If the officer has reasonable suspicion that a person stopped was committing, is committing, or is about to commit a law violationA suspect

          

  51. 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.
    Possession of Alcoholic Beverage by a Person Under the Age of 21, s. 562.111, F.S., Misdemeanor

          

  52. What additional search warrant exceptions require less than probable cause?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)

          

  53. Protects individuals from governmental abuse of power and defines law enforcement's authority to act.mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt

          

  54. Any force that is likely to cause death or great bodily harm under s. 776.06, F.S.The Bill of Rights

          

  55. 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.
    Stalking, s. 784.048(2), F.S., Misdemeanor

          

  56. Intentionally touching a person in a lewd or lascivious manner, or soliciting a person to commit a lewd or lascivious act.Lewd or Lascivious Conduct

          

  57. Any criminal offense with a maximum incarceration penalty in a county jail of up to one yearGeneral Intent

          

  58. 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
    Kidnapping, s. 787.01, F.S., Felony

          

  59. 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.English Common Law

          

  60. A search and seizure may be defined as the government intruding where a person has reasonable expectation of privacy (REP) under what Amendment?A Search Warrant

          

  61. 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.
    Giving a Worthless Check, s. 832.05, F.S., Misdemeanor/Felony*

          

  62. The rights should be read one time from an agency-provided Miranda card or form.Noncriminal Offense

          

  63. The Fourth Amendment requires officers to obtain what before intruding into a place where an individual has reasonable expectation of privacy.A Search Warrant

          

  64. Written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. Includes civil, criminal, administrative, and regulatory laws.Statutory Laws

          

  65. 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.
    Retail Theft, s. 812.015(1), F.S., Misdemeanor/Felony

          

  66. Is formed by the decisions of the court system (judicial branch).Case Law

          

  67. 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.
    Loitering or Prowling, s. 856.021, F.S., Misdemeanor

          

  68. The U.S Constitution guarantees what?a right of privacy, a right to be left alone - to all individuals who do not break the law.

          

  69. means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that personLewd or Lascivious Battery

          

  70. 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.The Fifth Amendment

          

  71. 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.A tort

          

  72. 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.U.S. v. Ross, 456 U.S. 798 (1982)

          

  73. 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.
    Exposure of Sexual Organs, s. 800.03, F.S., Misdemeanor

          

  74. Are punishable by incarceration and classified as either a felony or misdemeanorWill be determined based on the totality of the circumstances

          

  75. An example of a capitol felony where the state required to impose a life sentence without the possibility of parole.Sexual battery on a child under 12 years old by a person 18 years or older

          

  76. What forms the main body of the Constitution?The Articles of the Constitution

          

  77. What action must an officer take when consent is withdrawn at anytime during the search?Once withdrawn, the officer must stop searching immediately. The scope of consent can be limited as well.

          

  78. The two primary types of evidencearrest with warrants and arrest without a warrant

          

  79. Conditions required before an officer may use deadly force in stopping a fleeing felon:The Carroll Doctrine
    Carroll v. U.S., 267 U.S. 132 (1925)

          

  80. 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.
    Domestic Violence

          

  81. What does fresh pursuit require?A fence, posted fields, bushes, shrubs, the bed of a truck

          

  82. Certain emergencies such as evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry.Require the government to be fair when taking away someone's life, liberty, or property.

          

  83. Allows an officer to enter a residence or other private place, while chasing a suspect.The Fourteenth Amendment

          

  84. is derived from the common law idea that the king and his agents can do no wrong.Sovereign immunity

          

  85. The three elements that comprise a Fourth Amendment "search" are?Government, Intrusion, and Reasonable expectation of privacy (REP)

          

  86. What is criminal mischief involving property damage totaling less than $200 classified as?A second-degree misdemeanor

          

  87. A presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect.Transferred Intent

          

  88. Pertains to the legal action that a person takes to resolve a private dispute with another person.Admissibility of evidence

          

  89. means intentionally, knowingly, and purposely.Willfully

          

  90. 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.
    Battery, s. 784.03, F.S., Misdemeanor/Felony

          

  91. 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.
    Open House Party, s. 856.015, F.S., Misdemeanor

          

  92. Set forth in Article VI, the supremacy clause states what?a right of privacy, a right to be left alone - to all individuals who do not break the law.

          

  93. Lewd and Lascivious Offenses Committed upon or in the Presence of a Minor under 16, is what charge?Felony

          

  94. Areas of someone's property where there is no reasonable expectation of privacy.That robbery involves the use of force against
    a person.

          

  95. 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.The burden of proof in civil case is the " the greater weight (preponderance) of evidence."

          

  96. The scope of constitutional searches is limited to the items being searched. Once the items are found, the search must stop.Scope of Searches

          

  97. is the person believed to have committed a crime.The Second Amendment

          

  98. 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.
    Disorderly Intoxication, s. 856.011, F.S., Misdemeanor

          

  99. 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.Instrumentalities

          

  100. If the offender is armed or becomes armed the trespass becomes what?A felony

          

  101. Carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000 or bothA Third-degree Felony

          

  102. A search incident may not be conducted unless there is what?The Bill of Rights

          

  103. 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.
    Criminal Mischief, s. 806.13, F.S., Misdemeanor/Felony*

          

  104. means a building of any kind, either temporary or permanent, which has a
    roof over it, together with the curtilage thereof.
    Structure

          

  105. If the property stolen is valued at over $300,
    the offender commits the felony of what?
    The Investigative, or Terry, stops

          

  106. Because forfeiture deprives a person of interest of his or her property, officers must have what to seize the property?A suspect

          

  107. In deciding whether a person is in the custody for the purpose of Miranda, courts ask what two questions?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.

          

  108. A person who commits petit theft and who has been previously convicted of any
    theft commits a what?
    A Misdemeanor

          

  109. A computer hit confirming that a vehicle is stolen, victims and witness sworn statements, and the odor of marijuana coming from inside a car, is an example of?The fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and show-ups

          

  110. means that the defendant unreasonably failed in the duty he or she was obligated to perform.Sexual Battery, s. 794.011, F.S., Felony

          

  111. The burden of proof in civil case is?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,

          

  112. Because there is not a specific charge of domestic violence, what would the actual crime generally be?States that when laws conflict, federal law generally overrules state and local law.

          

  113. Statutes enacted by municipal (city) or county government are know as what?Will be determined based on the totality of the circumstances

          

  114. 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.Emergency Scene

          

  115. 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.
    Misdemeanor

          

  116. A legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional linesIn Graham v. Connor, 490 U.S. 386 (1989)

          

  117. bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred.statute of limitations

          

  118. The several factors to identify when determining the correct charge during a sexual battery investigation are what?A custodial arrest

          

  119. Natural Development of law is sometimes referred to asProtects 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.

          

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

          

  121. 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.Vicarious Liability

          

  122. 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.
    Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a),
    F.S., Felony

          

  123. The maximum incarceration in a county jail for a period of up to 60 days, a fine of $ 500 and/or bothMunicipal / County Ordinance Violation

          

  124. 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.
    Robbery, s. 812.13, F.S., Felony

          

  125. 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.
    Human Trafficking, s. 787.06(3)(a), F.S., Felony

          

  126. 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.
    Uttering a Forged Instrument, s. 831.02, F.S., Felony

          

  127. 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?Abandoned property and open fields

          

  128. Four elements to the Miranda decisionprobable 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,

          

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

          

  130. 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.
    Fraudulent Use of Credit Card, s. 817.61, F.S., Misdemeanor/Felony

          

  131. 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 ProtectionA custodial arrest

          

  132. The Fourth Amendment does what?A first-degree misdemeanor

          

  133. 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.Robbery by Sudden Snatching, s. 812.131, F.S., Felony.

          

  134. Is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000 or bothA Second-degree Felony

          

  135. occurs when a law enforcement officer uses undue persuasion or fraudulent means to induce a
    person to commit a crime he or she would not have otherwise committed.
    Entrapment

          

  136. A court review of all factors known to the officer at the time of the incidentTotality of Circumstances

          

  137. The suspect is deprived of freedom in a significant way.Custody

          

  138. 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.
    A suspect

          

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

          

  140. Reasonable suspicion is sometimes called?articulable suspicion and founded suspicion

          

  141. Has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000 or both.A Life Felony

          

  142. 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.Criminal Use of Personal Identification Information (Identity Theft), s. 817.568, F.S., Felony

          

  143. What happens when a suspect makes a clear and unequivocal request to invoke any of his or her rights under Miranda?A victim

          

  144. Although the law does not require that Miranda warnings be given identically every time, officers should get in the habit of what?Officers should get in the habit of always reading from a Miranda card or form.

          

  145. If the property stolen is
    valued at less than $300, the offender commits the misdemeanor of what?
    A felony

          

  146. 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.Arrest

          

  147. Penalties of imprisonment may be extended for defendants who are classified as what?As violent career criminals, habitual felony offenders, or habitual violent felony offenders

          

  148. 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?
    The Bill of Rights

          

  149. 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.
    Voyeurism, s. 810.14, F.S., Misdemeanor/Felony*

          

  150. Carries a maximum penalty of one year in a county jail, a fine of $1,000, or bothA firearm

          

  151. Officers are only required to provide a suspect with Miranda warnings when?A custodial arrest

          

  152. The officer must determine whether the elements of criminal act are present and have probable cause to believe what?Possession of Burglary Tools, s. 810.06, F.S., Felony

          

  153. is anything written or printed which is offered to prove or
    disprove facts pertaining to the case.
    Documentary evidence

          

  154. 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?mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt

          

  155. Under limited circumstances, consent to search may be implied.a right of privacy, a right to be left alone - to all individuals who do not break the law.

          

  156. 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.
    Child Abuse, s. 827.03(1)(b), F.S., Felony

          

  157. 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.
    Trespass—On Property Other than a Structure or Conveyance, s. 810.09, F.S., Misdemeanor/Felony

          

  158. is information that is allowed in court, while proof is the effect produced by that information.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,

          

  159. 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.Defense of property

          

  160. Present when an intentional act harms an unintended second victimCustody, interrogation, understanding, and free and voluntary waiving of rights.

          

  161. 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.
    Carrying Concealed Weapon (without a license), s. 790.01, F.S., Misdemeanor/Felony

          

  162. is anything that is illegal to possess. Illegal drugs are the most common example.Willfully

          

  163. Recklessness, imposed criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.Criminal Negligence

          

  164. What are the four standards of legal justification?mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt

          

  165. 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.
    A civil rights violation

          

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

          

  167. 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
    Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor

          

  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.Notice to Appear (NTA)

          

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

          

  170. What is aggravated assault classified as?A third-degree felony

          

  171. refers to actual objects which may be offered to prove facts about a case.Physical or real evidence

          

  172. occurs when an officer is found guilty of committing a crime and
    is sentenced to incarceration or other penalties.
    A suspect

          

  173. The only capitol felony for which the state may impose the penalty of death?First-degree murder

          

  174. 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.Administrative Searches

          

  175. 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
    Forcible felonies

          

  176. 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."
    no retreat law

          

  177. 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.
    Human Smuggling, s. 787.07, F.S., Felony

          

  178. is a suspect or defendant's claim that he or she was not present when the alleged act was committedAn alibi

          

  179. The existence of probable cause will be determined on what?Will be determined based on the totality of the circumstances

          

  180. Refers to the steps that must be followed to protect an individual's rights during a criminal justice processDisorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor

          

  181. 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.
    Open House Party, s. 856.015, F.S., Misdemeanor

          

  182. 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.Admissibility of evidence

          

  183. After an officer has developed probable cause, he or she has what three choices?terminate the encounter, issue a notice to appear, or physically take the suspect into custody

          

  184. The American legal system is based primarily onA fence, posted fields, bushes, shrubs, the bed of a truck

          

  185. 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.Direct Liability

          

  186. A person who commits petit theft, and who has been previously convicted two or more times of petit theft, commits a what?That robbery involves the use of force against
    a person.

          

  187. 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.
    Loitering or Prowling, s. 856.021, F.S., Misdemeanor

          

  188. 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.Hearsay

          

  189. 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.
    Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor

          

  190. 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.
    Selling or Giving Alcoholic Beverages to a Person Under the Age of 21, s. 562.11, F.S., Misdemeanor

          

  191. are the items used by the defendant to commit the crime.That robbery involves the use of force against
    a person.

          

  192. The elements of interrogation include questioning initiated by law enforcement that is what?Direct or indirectly

          

  193. 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.Emergency Scene

          

  194. A form of social control or a method of encouraging peopleGenerally, 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.

          

  195. 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.
    Robbery by Sudden Snatching, s. 812.131, F.S., Felony.

          

  196. is an unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law.Unnatural

          

  197. 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.Case Law

          

  198. 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.
    Gambling, s. 849.08, F.S., Misdemeanor/Felony

          

  199. 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.Abandoned property and open fields

          

  200. The U.S. Supreme Court asserts what about probable cause?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)

          

  201. Defines the form of government Americans have established; defines our representational government and its three-branch structure (executive, legislative, and judicial)Constitutional Law

          

  202. Include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity.Contraband Articles

          

  203. 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.
    Giving a Worthless Check, s. 832.05, F.S., Misdemeanor/Felony*

          

  204. 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.
    Home Invasion Robbery, s. 812.135, F.S., Felony.

          

  205. Basic classifications of intentgeneral, specific, transferred, and criminal negligence

          

  206. 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.
    Home Invasion Robbery, s. 812.135, F.S., Felony.

          

  207. Regardless of its value, sometimes a felony is determined by what type of property that is stolen?• 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

          

  208. When is a suspect considered in custody?articulable suspicion and founded suspicion

          

  209. 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?Exclusionary Rule

          

  210. 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.Admissibility of evidence

          

  211. 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.
    Aggravated Stalking, ss. 784.048(3), 784.048(4), and 784.048(5)*, F.S., Felony

          

  212. When is third party consent to search valid?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.

          

  213. 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?An officer needs to determine what specific acts or facts must be present before an offender can be charged with a crime.

          

  214. an act that the law makes punishable.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.

          

  215. 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.Lewd or Lascivious Battery

          

  216. An officer must be able to articulate his or her reason for believing the subject possessed a weapon or the pat down will violate which Amendment?The Fourth Amendment

          

  217. 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.U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968)

          

  218. is failure to use due or reasonable care in a situation that results in harm to another.negligence

          

  219. When the burden of proof is "clear and convincing evidence"The Fourteenth Amendment

          

  220. 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.
    Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a),
    F.S., Felony

          

  221. A description of the suspect, the suspect's name, and any additional information that would help apprehend the suspectThis type of evidence is known as exculpatory evidence.

          

  222. are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age,
    s. 569.101, F.S., Misdemeanor

          

  223. 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
    Human Trafficking, s. 787.06(3)(a), F.S., Felony

          

  224. United States v Meade, 110 F.3d 190, 193-94 (1st Cir. 1997)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.

          

  225. Gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles.Law

          

  226. 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.
    Attempt

          

  227. Most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntaryMisdemeanor

          

  228. Expanded the Bill of Rights to the state and local government.A suspect

          

  229. Prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge)The Eight Amendment

          

  230. 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.
    Theft, s. 812.014, F.S., Misdemeanor/Felony

          

  231. 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.The Good Faith Doctrine

          

  232. Prohibits excessive bails and fines and cruel and unusual punishment.That robbery involves the use of force against
    a person.

          

  233. 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.
    Assault, s. 784.011, F.S., Misdemeanor

          

  234. is the legal phrase for the link between the breach of duty and the harm caused (damages).That the person to be charged committed the crime

          

  235. Guarantees the right to bear armsprobable 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,

          

  236. Protects the freedom of speech, press, peaceful assembly, and religion.Instrumentalities

          

  237. 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."The Due Process Clause

          

  238. As depriving a person of his or her liberty by legal authority.Arrest

          

  239. A fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of the circumstances.Probable Cause

          

  240. 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.
    Use or Possession of Drug Paraphernalia, s. 893.147(1), F.S., Misdemeanor

          

  241. 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.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.

          

  242. 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.
    Luring or Enticing a Child, s. 787.025, F.S., Misdemeanor/Felony

          

  243. 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.
    Possession of Burglary Tools, s. 810.06, F.S., Felony

          

  244. Searches that do not require probable cause, reasonable suspicion, or even mere suspicion. If it is knowing and voluntary and the person giving it has authority to do so, then the search is valid and any evidence can be used in court.Officers should get in the habit of always reading from a Miranda card or form.

          

  245. 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?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.

          

  246. A person may legally use force to defend against the use of force by another.use of force

          

  247. 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.Lewd or Lascivious Exhibition

          

  248. 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.Plain View

          

  249. Are punishable by monetary fines or something other than incarceration.Noncriminal Offense

          

  250. Once the suspect has been advised of his or her Miranda rights, a what is required before questioning may commence?A waiver

          

  251. Other forms of social control(1) a duty to act with care, (2) breach of the duty to
    act, (3) causation or proximate cause, and (4) damages.

          

  252. 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.Personal identification information

          

  253. What is aggravated battery classified as?A fence, posted fields, bushes, shrubs, the bed of a truck

          

  254. arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's order or policy.Felony

          

  255. 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?Physical or real evidence

          

  256. 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.Inventory Search

          

  257. 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.
    Conveyance

          

  258. 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.
    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.

          

  259. 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.
    Child Abuse, s. 827.03(1)(b), F.S., Felony

          

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

          

  261. Their purpose is to ensure that individuals rights are not infringed upon by the government.The Amendments to the Constitution

          

  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?principal in the first degree.

          

  263. What are the sources of laws that govern the way we live in the United States?Constitutional Law
    Statutory Law
    Ordinances
    Criminal Law
    Case Law
    Civil Law

          

  264. means neglecting to perform what the law or duty requires.Omission

          

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

          

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

          

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

          

  268. In determining whether an encounter was consensual, the court will look at what circumstances surrounding the encounter?The Investigative, or Terry, stops

          

  269. A person who faces a threat from another and commits a criminal act in response may have the legal defense
    of what?
    duress or coercion.

          

  270. If the property is valued at $100 or more but less than $300, and is taken from a dwelling or
    the curtilage thereof, stealing it is what?
    A Felony

          

  271. The fair and consistent enforcement of the lawSubstantive due process

          

  272. Criminal or noncriminal acts that are punishable under Florida lawMurder, 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,

          

  273. Carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000 or bothunder color of law.

          

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

          

  275. The statute authorizes law enforcement officers to use reasonable and necessary force in the order to prevent the escape of an arrested person.Use of Force to Prevent Escape

          

  276. are designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers.States that when laws conflict, federal law generally overrules state and local law.

          

  277. Described as a hunch or gut feeling based on law enforcement training and knowledgeMere Suspicion

          

  278. In order to be deemed valid, a search warrant must meet what legal requirements?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.

          

  279. 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.Voluntary Consent

          

  280. When does a classified first-degree felony, such as kidnapping or sexual battery become reclassified as a life felony?If the crime was committed with the use of a weapon or firearm

          

  281. A search incident to arrest may only be conducted when what two requirements are met?there must have been a lawful custodial arrest, the search must be "substantially contemporaneous" or at the same time with the arrest.

          

  282. is a common legal term that describes the justifiable use of force that is necessary to protect oneself.Self-defense

          

  283. 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?First-degree murder

          

  284. There are four specific requirements that ensure
    admissibility.
    A suspect

          

  285. The space of ground and outbuildings immediately surrounding a structure of someone's home and an open fieldHuman Trafficking, s. 787.06(3)(a), F.S., Felony

          

  286. 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.
    Lewd or Lascivious Molestation

          

  287. 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.
    Omission

          

  288. 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.
    Voyeurism, s. 810.14, F.S., Misdemeanor/Felony*

          

  289. 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.
    A breach of duty

          

  290. 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.
    Child Abuse, s. 827.03(1)(b), F.S., Felony

          

  291. Evidence is offered in court for what three basic reasons.A suspect

          

  292. Holds that evidence gathered with the assistance of illegally obtained information must be exclude from trial is know as what?The Bill of Rights

          

  293. 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.
    Felony Battery, s. 784.041, F.S., Felony

          

  294. 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.Tennessee v. Garner, 471 U.S. 1 (1985)

          

  295. refers to the legal requirements that must be met before a jury is allowed to see or hear about the evidence.Procedural due process

          

  296. The due process clauses of the Fifth and Fourteenth Amendments require what?A firearm

          

  297. Consciously doing an act that the person knew or should have known was likely to cause death or great bodily harmCivil Law

          

  298. An offense for which the only penalty may be a fine, forfeiture, or other civil penaltywhen 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.

          

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

          

  300. any evidence that may point to the suspect's innocence.This type of evidence is known as exculpatory evidence.

          

  301. To refer to the process of interrogating or questioning a suspectarrest with warrants and arrest without a warrant

          

  302. 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.
    Family or Household Member

          

  303. The difference between theft and robbery is what?a right of privacy, a right to be left alone - to all individuals who do not break the law.

          

  304. The first ten amendments of the Constitution is known as what?The Bill of Rights

          

  305. Some common recognized sources for officers to rely on.direct and indirect

          

  306. The two elements required for a lawful pat down are?that the subject is lawfully detained and that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.

          

  307. 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.
    Resisting Officer without Violence, s. 843.02, F.S., Misdemeanor

          

  308. 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.Administrative Law