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280 True/False questions

  1. A show-upWhen using an ___ defense, the accused alleges that he or she suffered from a mental disorder at the time the crime was committed and that the disorder caused the commission of the crime. (pg. 83)

          

  2. Terry v. Ohio (1968)In ____ the Court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed.

          

  3. within four yearsProsecution must begin ___ after the commission of a felony of the first degree. (pg. 83)

          

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

          

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

          

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

          

  7. Davis v. U.S. (2011)In ______ the Supreme Court held that "when the police conduct a search in objectively reasonable reliance on binding appellate precedent, the exclusionary rule does not apply." (pg. 45)

          

  8. M'Naughten ruleA person is not criminally responsible if, at the time of the alleged crime, the defendant, by reason of a mental disease or defect, (1) does not know of the nature or consequences of his or her act; or (2) is unable to distinguish right from wrong. (pg. 83)

          

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

          

  10. Use of forceNot all crimes have an identifiable victim. In victimless crimes, the victim is the ___. (pg. 78)

          

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

          

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

          

  13. DutyA ___ is a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity. (pg. 87)

          

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

          

  15. CircumstantialIndirect evidence is also known as ___. (pg. 84)

          

  16. Graham v. Connor (1989)In ___ the United States Supreme Court struck down a law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons. (pg. 56)

          

  17. Accessory after the fact(1) An offender commits a felony. (2) After committing the felony, another person maintains or assists the offender. (3) While giving assistance, the person knows that the offender committed the felony. (4) The person assists with the intent of helping the offender avoid or escape detection, arrest, trial, or punishment. (pg. 79)

          

  18. Compensatory and punitiveThere are two main categories of damages:___ (pg. 89)

          

  19. Probable cause1. 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. (pg. 76)

          

  20. CrimeA ___ 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. (pg. 78)

          

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

          

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

          

  23. "clear and convincing evidence"In administrative proceedings, the burden of proof is ___. (pg. 43)

          

  24. Criminal negligence___ imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm. (pg. 62)

          

  25. Structure___ means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. (pg. 65)

          

  26. Compensatory damagesThere are two main categories of damages:___ (pg. 89)

          

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

          

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

          

  29. Miranda v. Arizona (1966)In ___ , the United States Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment.(pg. 55)

          

  30. (1) the need to disarm the suspect in order to take him or her into custody and (2) the need to preserve evidence for later use at trial."The Supreme Court has noted "two historical rationales for the search incident to arrest exception: ___ (pg. 49)

          

  31. InsanityWhen using an ___ defense, the accused alleges that he or she suffered from a mental disorder at the time the crime was committed and that the disorder caused the commission of the crime. (pg. 83)

          

  32. $300An ___ is a suspect or defendant's claim that he or she was not present when the alleged act was committed. (pg. 81)

          

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

          

  34. Civil infractions_____ are also known as noncriminal offenses. (pg. 35)

          

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

          

  36. Custody, interrogation, understanding, and free and voluntary waiving of rights.The burden of proof in civil cases is ___. (pg. 43)

          

  37. The U.S. Constitution______ protects individuals from governmental abuse of power and defines law enforcement's authority to act. (pg. 32)

          

  38. NegligenceBlack's Law Dictionary defines a ___ as an act that the law makes punishable. (pg. 63)

          

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

          

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

          

  41. Indirect evidence___ requires an inference or presumption to establish a fact. (pg. 84)

          

  42. Acting within the scope of employment___ refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business. (pg. 92)

          

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

          

  44. Direct evidenceA probable cause affidavit is also called an ___. (pg. 53)

          

  45. Domestic violence___ is 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. (pg. 68)

          

  46. A third-degree felony_____ carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both. (pg. 36)

          

  47. Aggravated Battery1. 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. (pg. 68)

          

  48. SuspectAn officer may identify a ___ directly by observing that person commit the crime, indirectly through statements or observations that witnesses provide, through the suspect's own statements, or by learning of the person's identity based on evidence collected while investigating the crime. (pg. 78)

          

  49. Plain view, Mobile conveyance, Exigent circumstancesThe law presumes that a search without a warrant is invalid; however, there are a number of exceptions which require probable cause:___ (pg. 46)

          

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

          

  51. Writ of replevinA probable cause affidavit is also called an ___. (pg. 53)

          

  52. Protect ownership of property, regulate certain businesses, and raise revenueIf the defendant who helped another person or persons 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 persons did. (pg. 79)

          

  53. Plain touch/feel doctrineThis rule allows the officer to seize the contraband even if it does not feel like a weapon. (pg. 40)

          

  54. The Good Faith doctrineIf officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted, according to the.... (pg. 45)

          

  55. Deadly forceAn ___ is defined as a person who aids or contributes in the commission or concealment of a crime. (pg. 79)

          

  56. Contraband articlesSections 932.701—932.706, F.S., gives law enforcement agencies the authority to seize and forfeit certain property known as ___. (pg. 51)

          

  57. Emergency scene exception______ is best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law. (pg. 33)

          

  58. Civil LawWhen 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 ___. (pg. 90)

          

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

          

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

          

  61. Reasonable expectation of privacy___ 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. (pg. 74)

          

  62. Writ of possessionThe term ___ means neglecting to perform what the law or duty requires. (pg. 92)

          

  63. 14 daysIf an in-custody suspect, in response to Miranda warnings, invokes his right to counsel, law enforcement may re-initiate contact with the suspect if the suspect experiences a break in police custody of at least... (pg. 60)

          

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

          

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

          

  66. Testimonial evidence___ is witness statements tending to prove or disprove facts about the case. (pg. 84)

          

  67. The American Legal System___ is based primarily on English common law. (pg. 30)

          

  68. Specific intent___ requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act. (pg. 62)

          

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

          

  70. Search warrant___ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. (pg. 72)

          

  71. A capital felony___ means intentionally, knowingly, and purposely. (pg. 74)

          

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

          

  73. "the greater weight (preponderance) of the evidence."The burden of proof in civil cases is ___. (pg. 43)

          

  74. Consent1. The intent of the offender was that the offense (object of conspiracy) would be committed.
    2. In order to carry out the intent, the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause (object of conspiracy) to be committed either by them, or one of them, or by some other person. (pg. 80)

          

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

          

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

          

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

          

  78. Forcible felony___ 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 other felony which involves the use or threat of physical force or violence against any individual. (pg. 82)

          

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

          

  80. The Eighth Amendment_______ prohibits excessive bails and fines and cruel and unusual punishment. (pg. 33)

          

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

          

  82. Excited utterances___ are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness. (pg. 85)

          

  83. 1. The person has committed a felony or misdemeanor or violated a county or
    municipal ordinance in the presence of the officer.
    2. The person committed a felony outside of the officer's presence, but the officer has probable cause to believe that the person committed it.
    3. A warrant for arrest has been issued and is being held by another law enforcement officer or agency.
    4. The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. The Florida Statutes contain misdemeanor exceptions to this rule.
    A law enforcement officer may make a probable cause arrest without a warrant under the following circumstances:___ (pg. 52)

          

  84. Case law______ is formed by the decisions of the court system (the judicial branch). (pg. 31)

          

  85. Documentary evidence_____ occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, and therefore is no Fourth Amendment seizure. (pg. 39)

          

  86. at any time___ means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. (pg. 65)

          

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

          

  88. Criminal Mischief1. The offender injured or damaged property.
    2. The property belonged to someone else.
    3. The injury or damage was done willfully and maliciously. (pg. 74)

          

  89. Retail Theft___ 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. It can be used as a legal defense in these cases. (pg. 82)

          

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

          

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

          

  92. Direct liability___ arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's orders or policies. (pg. 91)

          

  93. Prostitution___ means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity between spouses. (pg. 74)

          

  94. Tennessee v. Garner (1985)In ___ the United States Supreme Court struck down a law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons. (pg. 56)

          

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

          

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

          

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

          

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

          

  99. terminate the encounter, issue a notice to appear, or physically take the suspect into custody.Penalties of imprisonment may be extended for defendants who have been classified as _____. (pg. 36)

          

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

          

  101. Unnatural1. 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. (pg. 67)

          

  102. AccessoryAn ___ is defined as a person who aids or contributes in the commission or concealment of a crime. (pg. 79)

          

  103. Burglary1. 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. (pg. 66)

          

  104. Civil rights violation___ is a court order that entitles the creditor to possess
    collateral after the borrower defaults.

          

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

          

  106. Sexual battery___ defines most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. (pg. 61)

          

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

          

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

          

  109. unless the suspect's attorney is present.Reasonable suspicion is sometimes called_____. (pg. 39)

          

  110. Instrumentalities___ 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. It can be used as a legal defense in these cases. (pg. 82)

          

  111. within one yearProsecution must begin ___ after the commission of a misdemeanor of the second degree or a noncriminal offense. (pg. 83)

          

  112. Aggravated Assault1. 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. (pg. 68)

          

  113. Mental incompetence___ recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. (pg. 83)

          

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

          

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

          

  116. Criminal liability___ occurs when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties. (pg. 87)

          

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

          

  118. The First Amendment___ requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act. (pg. 62)

          

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

          

  120. Punitive damages___ are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant for his or her act and to warn others from doing the same act. (pg. 89)

          

  121. Seibert v. State (2006)where officers were justified in entering a house because they had an objectively reasonable basis to believe that a subject was going to commit suicide. Once within the house, they discovered a murder victim while securing the subject to prevent his suicide. (pg. 48)

          

  122. Consent, Inventory, Administrative searches, and incident to arrest___ refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business. (pg. 92)

          

  123. Government + Intrusion + REPWe can identify the powers and limitations of each branch through ___. (pg. 30)

          

  124. Spontaneous statements___ 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. (pg. 91)

          

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

          

  126. Robbery1. 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. (pg. 64)

          

  127. Be On the Look OutBOLO stands for... (pg. 40)

          

  128. A second-degree misdemeanor_____ carries a maximum penalty of 60 days in a county jail, a fine of $500, or both. (pg. 36)

          

  129. A second-degree felony_____ is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both. (pg. 36)

          

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

          

  131. SuspectA ___ is the person believed to have committed a crime. (pg. 78)

          

  132. Involuntary___ is a legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offenses. (pg. 81)

          

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

          

  134. First, there must have been a lawful custodial arrest. Second, the search must be "substantially contemporaneous" or at the same time with the arrest.A search incident to arrest may only be conducted when two requirements have been met. (pg. 50)

          

  135. Whren v. U.S. (1996)are the objects obtained by the defendant as a result of committing the crime. (pg. 84)

          

  136. Child Abuse___ means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. (pg. 65)

          

  137. Terry Stop___ 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. (pg. 85)

          

  138. Felony Battery1. 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. (pg. 67)

          

  139. Testimonial, documentary, or physical.Evidence presented in court can be placed into one of three primary categories:___ (pg. 84)

          

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

          

  141. A live line-upAn ___ is a suspect or defendant's claim that he or she was not present when the alleged act was committed. (pg. 81)

          

  142. The Fruits of the Poisonous Tree doctrineIf the defendant who helped another person or persons 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 persons did. (pg. 79)

          

  143. Willfully___ 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. (pg. 65)

          

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

          

  145. Due process clause___ 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." (pg. 82)

          

  146. Morality and Religionare other forms of social control.(pg. 30)

          

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

          

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

          

  149. No retreat lawWhen the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity. (pg. 41)

          

  150. A first-degree misdemeanor_____ carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. (pg. 36)

          

  151. Mobile conveyance searchA _____ may be conducted without a warrant even if there may be time to obtain a warrant. (pg. 47)

          

  152. Substantive and procedural_____ is the fair and consistent enforcement of the law. (pg. 33)

          

  153. Culpable negligence___ recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. (pg. 83)

          

  154. Contraband articles___ include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity. (pg. 51)

          

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

          

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

          

  157. Abandoned property and open fieldsNo state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws. (pg. 33)

          

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

          

  159. Vicarious liability___ 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. (pg. 91)

          

  160. Proximate cause___ is the legal phrase for the link between the breach of duty and the harm caused (damages). (pg. 89)

          

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

          

  162. Voluntary and InvoluntaryThere are two primary types of evidence:___ (pg. 84)

          

  163. DefaultIf the borrower fails to pay the loan as agreed (called a ___), the creditor is entitled to possession of the collateral.

          

  164. Arrest warrant___ 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. It can be used as a legal defense in these cases. (pg. 82)

          

  165. Hearsay___ 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. (pg. 85)

          

  166. Recklessness1. 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. (pg. 63)

          

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

          

  168. Reasonable suspicionThe facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime. (pg. 39)

          

  169. Executive, Legislative, and Judicial____ are the three branch structure. (pg. 30)

          

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

          

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

          

  172. Dwelling___ 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. (pg. 83)

          

  173. VoluntarilyA person who is ___ intoxicated is aware of ingesting the intoxicant, either alcohol or a controlled substance. (pg. 81)

          

  174. Possession of Burglary Tools1. 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. (pg. 66)

          

  175. General intent___ defines most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. (pg. 61)

          

  176. Drug Abuse Resistance EducationThis defense requires that the person committing the act must reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime. (pg. 82)

          

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

          

  178. Human Trafficking___ means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person. (pg. 77)

          

  179. Theft1. 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. (pg. 63)

          

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

          

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

          

  182. VictimA ___ 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. (pg. 78)

          

  183. Admissibility of evidence___ refers to the legal requirements that must be met before a jury is allowed to see or hear about the evidence. (pg. 85)

          

  184. Attempt___ 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. (pg. 79)

          

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

          

  186. Voluntary abandonment___ is anything that is illegal to possess. (pg. 85)

          

  187. OmissionThe term ___ means neglecting to perform what the law or duty requires. (pg. 92)

          

  188. Firearm___ 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. (pg. 71)

          

  189. (1) that the subject is lawfully detained and (2)
    that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon.
    If the suspect invokes only his or her right to remain silent, the officer may re-initiate the interrogation after.... (pg. 60)

          

  190. Robbery by Sudden Snatching_____ is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge. (pg. 39)

          

  191. Family or household member___ are 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. (pg. 68)

          

  192. Totality of circumstancesIn deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. This is known as the _________ test. (pg. 42)

          

  193. Loitering or Prowling1. 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. (pg. 65)

          

  194. Juvenile sexual offender______ guarantees the right to bear arms. (pg. 33)

          

  195. Intoxication1. The offender solicited a person to commit a certain offense.
    2. During solicitation, the offender commanded, enc uraged, 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. (pg. 79)

          

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

          

  197. Battery1. 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. (pg. 66)

          

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

          

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

          

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

          

  201. Grand Theft and Petit TheftTheft crimes are initially divided between... (pg. 63)

          

  202. Ordinances1) a duty to act with care, (2) breach of the duty to act, (3) causation or proximate cause, and (4) damages. (pg. 88)

          

  203. Criminal and CivilThe most recognized types of liability are ___ and ___. (pg. 87)

          

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

          

  205. Contraband___ is anything that is illegal to possess. (pg. 85)

          

  206. Evidence___ is information that is allowed in court, while proof is the effect produced by that information. (pg. 84)

          

  207. Insanity___ 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. (pg. 83)

          

  208. Civil liability___ arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's orders or policies. (pg. 91)

          

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

          

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

          

  211. within two yearsProsecution must begin ___ after the commission of a misdemeanor of the first degree. (pg. 83)

          

  212. A first-degree felony_____ carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. (pg. 36)

          

  213. General intentIn other words, for ___ crimes the only thing that needs to be proved is that the suspect intentionally committed the illegal act. (pg. 62)

          

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

          

  215. Cyber-stalkmeans 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. (pg. 71)

          

  216. Plain View______ is formed by the decisions of the court system (the judicial branch). (pg. 31)

          

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

          

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

          

  219. Trespass—In Structure or Conveyance1. 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. (pg. 65)

          

  220. Exculpatory evidence___ is evidence that points to the suspect's or defendant's innocence in a trial. (pg. 81)

          

  221. AlibiAn ___ is a suspect or defendant's claim that he or she was not present when the alleged act was committed. (pg. 81)

          

  222. Statute of limitationsIn deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. This is known as the _________ test. (pg. 42)

          

  223. Elderly person___ 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. (pg. 75)

          

  224. Direct and indirectThere are two primary types of evidence:___ (pg. 84)

          

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

          

  226. Carroll doctrineMobile conveyance search are sometimes called... (pg. 47)

          

  227. Home Invasion Robbery1. 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. (pg. 65)

          

  228. Personal identification information___ 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. (pg. 74)

          

  229. Child, juvenile, or youth___ 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.

          

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

          

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

          

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

          

  233. Carjacking1. 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. (pg. 65)

          

  234. General, specific, transferred, and criminal negligence.Under criminal law principles, there are four basic classifications of intent: (pg. 61)

          

  235. Solicitation1. The offender solicited a person to commit a certain offense.
    2. During solicitation, the offender commanded, enc uraged, 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. (pg. 79)

          

  236. Maliciously___ 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. (pg. 74)

          

  237. EntrapmentIn other words, for ___ crimes the only thing that needs to be proved is that the suspect intentionally committed the illegal act. (pg. 62)

          

  238. Lascivious___ 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. (pg. 74)

          

  239. Notice to appear___ are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish the defendant for his or her act and to warn others from doing the same act. (pg. 89)

          

  240. the fellow officer rule, a citizen informant,
    corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and show-ups.
    Commonly recognized sources for officers to rely on include:... (pg. 42)

          

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

          

  242. Incident to Arrest___ are unplanned, spontaneous statements that occur during or after a shocking event, or having suffered an injury, and may be relied upon for truthfulness. (pg. 85)

          

  243. Search warrant1. The offender solicited a person to commit a certain offense.
    2. During solicitation, the offender commanded, enc uraged, 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. (pg. 79)

          

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

          

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

          

  246. Breach of dutyA ___ is usually created by statute or contract. (pg. 88)

          

  247. Trespass—On Property Other than a Structure or Conveyance_____ holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. (pg. 45)

          

  248. Pretext stopsAn ___ is defined as a person who aids or contributes in the commission or concealment of a crime. (pg. 79)

          

  249. Defense of property___ 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. (pg. 82)

          

  250. Principal in the first degree___ refers to actual objects which may be offered to prove facts about a case. (pg. 84)

          

  251. Precedents___ is information that is allowed in court, while proof is the effect produced by that information. (pg. 84)

          

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

          

  253. Mistake or ignorance of fact___ 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. (pg. 81)

          

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

          

  255. The Second Amendment_______ prohibits excessive bails and fines and cruel and unusual punishment. (pg. 33)

          

  256. Articulable suspicion or Founded suspicion(D.A.R.E.) program stands for... (pg. 51)

          

  257. Violent career criminals, habitual felony offenders, or habitual violent felony offenders_____ are punishable by monetary fines or something other than incarceration. (pg. 35)

          

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

          

  259. Fruits of a crimeare the objects obtained by the defendant as a result of committing the crime. (pg. 84)

          

  260. Substantive due process_____ is the fair and consistent enforcement of the law. (pg. 33)

          

  261. "a significant lapse of time"Corpus delicti is the Latin term meaning the ___. (pg. 61)

          

  262. The Fourth Amendment______ is best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law. (pg. 33)

          

  263. Mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt.R.E.P. stands for... (pg. 45)

          

  264. within three yearsProsecution must begin ___ after the commission of any other felony. (pg. 83)

          

  265. Disorderly Conduct/Breach of Peace1. 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 (pg. 69)

          

  266. The U.S. Constitution___ is a legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offenses. (pg. 81)

          

  267. Fellow officer ruleThe first ten amendments to the U.S. Constitution comprise the _______. (pg. 33)

          

  268. Conveyance___ means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. (pg. 65)

          

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

          

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

          

  271. Proximate cause___ means that the breach caused the harm. (pg. 89)

          

  272. Civil, Criminal, Administrative, and Regulatory laws_____ are included in Satutory law. (pg. 30)

          

  273. Consensual encounter_____ occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, and therefore is no Fourth Amendment seizure. (pg. 39)

          

  274. Sawyer v. State (2003)___ defines most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. (pg. 61)

          

  275. Transferred intentIn other words, for ___ crimes the only thing that needs to be proved is that the suspect intentionally committed the illegal act. (pg. 62)

          

  276. Sovereign immunityis derived from the common law idea that the king and his agents can do no wrong. (pg. 92)

          

  277. The supremacy clauseNo state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws. (pg. 33)

          

  278. Physical or real evidence___ refers to actual objects which may be offered to prove facts about a case. (pg. 84)

          

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

          

  280. Self-defense_____ broadly describes criminal or noncriminal acts that are punishable under Florida law. (pg. 35)