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Smith - Order 201 v1 - Arrest > 201 - Arrest (3 of 4) > Flashcards

201 - Arrest (3 of 4) Flashcards

1
Q

If probable cause exists for a Misdemeanor arrest and the suspect(s) cannot be located to effect the arrest, or the Misdemeanor charge is not an exception set forth in Florida State Statutes permitting a warrantless Misdemeanor arrest, the officer shall_______

A

log into the eWarrant system (using their COP’s More user name and password) to complete the Affidavit for a Misdemeanor Arrest Warrant.

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2
Q

If an officer has completed an affidavit for misdemeanor arrest warrant, he shall write a general offense report and suspend it by selecting _____ as the clearance type and _____ as the suspended type

A

case suspended

Suspended (Misdemeanor Arrest Warrant Affidavit Pending)

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3
Q

Once submitted at the duty desk, misdemeanor eWarrant Packets will be collected by _______ for final submission to the SAO for a decision as to whether or not a warrant will be issued in the case.

A

the MCI Liaison Officer

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4
Q

misdemeanor eWarrant packets - After the SAO makes a decision in the case, _______ will notify the officer of the State’s decision so the officer can generate a Supplement Report updating the status of the case.

A

the MCI Liaison Officer

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5
Q

Misdemeanor Arrest Warrant Affidavit Packets for the following misdemeanor charges must be submitted to the SAO in person by the officer and shall not be submitted to the MCI Liaison: (6)

A

a. DUI;
b. Domestic related charges;
c. Dating Violence;
d. Stalking;
e. Violations of Injunctions; and
f. Juvenile cases.

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6
Q

The SAO will not allow patrol officers to obtain an arrest warrant or capias for the arrest of suspects for ____ or _____

A

Special Assault or Robbery.

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7
Q

_______ will review warrants that remain unserved for six months to determine if they should remain outstanding; and

A

An Assistant State Attorney

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8
Q

regarding unserved arrest warrants after 6 months: _______ will make a decision as to what further action shall be taken concerning the warrant.

A

The Assistant State Attorney

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9
Q

regarding unserved arrest warrants after 6 months: If a decision is made to recall the warrant _______ will contact the Central Records Section.

A

the SAO

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10
Q

An arrest pursuant to a felony arrest warrant requires that (who) file the case with the SAO and route a copy of the Arrest Report to the officer that obtained the warrant

A

the officer who makes the arrest

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11
Q

The arrest warrant originated in the Investigations Division or Narcotics/Vice Section, _______ will be responsible for filing the case. A notation will be made _______ to identify it as an Investigations Division or Narcotics/Vice Section warrant.

A

The detective who obtained the arrest warrant

at the bottom of the warrant

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12
Q

The arrest is made by another agency and the only involvement of the JSO officer is to execute the arrest warrant. In those cases, _______ will be responsible for filing the case.

A

the officer of the other agency

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13
Q

The warrant is executed by a Dual Certified Officer (DCO) in which case that officer shall immediately email _______ who obtained the warrant who will be responsible for filing the case.

A

the officer who obtained the warrant

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14
Q

_______ must be obtained for the arrest of felony suspects in the suspect’s place of residence.

A

Arrest warrants

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15
Q

If the arrest is to occur in the residence of a third party, entry into the third-party residence to search for a suspect without consent or the presence of urgent circumstances shall be preceded by a _______

A

search warrant.

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16
Q

What has to exist in order to search the residence of a third party for a felony suspect? (3)

A

consent
presence of urgent circumstances
search warrant

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17
Q

can an officer make a warrantless arrest inside a residence for the protection of any person, including a Police Officer (i.e., when delay caused by obtaining a warrant will jeopardize the safety of innocent persons);?

A

yes

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18
Q

can an officer make a warrantless arrest inside a residence to prevent the successful flight of the suspect?

A

yes

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19
Q

can an officer make a warrantless arrest inside a residence in fresh pursuit of a suspect (the officer has maintained visual contact with suspect during the suspect’s flight to avoid arrest), and the delay caused in obtaining an arrest warrant will jeopardize the safety of innocent persons or allow the successful flight of the suspect?

A

yes

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20
Q

can an officer make a warrantless arrest inside a residence if the arrest is made for a felony committed in the officer’s presence in a residence to which the officer has already been legally admitted?

A

yes

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21
Q

can an officer make a warrantless arrest inside a residence if the arrest is made pursuant to a lawful entry to prevent the destruction of evidence?

A

yes

22
Q

can an officer make a warrantless arrest inside a residence when admission is pursuant to a search warrant and the officer, while inside the residence, intends to arrest a suspect for a previous offense?

A

no, an arrest warrant must be obtained

23
Q

can an officer make a warrantless arrest inside a residence if the arrest is made after the officer develops probable cause for the arrest after having been legally admitted to the residence?

A

yes

24
Q

can an officer make a warrantless arrest inside a residence after the officer has been lawfully admitted to the residence by consent of an adult also living in the residence?

A

yes

25
Q

Can an officer make a warrantless arrest inside a residence if consent to gain access was obtained using deception or coercion?

A

No

26
Q

Can an officer make a warrantless arrest inside a residence if the arrest is made for a violation of law that is taking place in the residence and the arrest is necessary to prevent a continued violation?

A

yes

27
Q

Whenever time permits, a _______ should be present to coordinate a forced entry for any reason with lawful justification;

A

supervisor

28
Q

should a detective/officer conduct an emergency forced entry without the supervisor present, the detective/officer will notify his supervisor when?

A

as soon as practical.

29
Q

In the event that a forced entry would unduly endanger officers or the public, or upon entry the situation changes to a possible barricaded subject, a perimeter should be established and who should be notified?

A

the Zone Watch Commander

30
Q

in a barricaded suspect situation, who determines to call SWAT?

A

the zone watch commander

31
Q

Any law enforcement officer, upon receiving information relayed to him from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated F.S.S. Chapter 316, (may/may not) arrest the driver for violation of those laws when reasonable and proper ID of the vehicle and the violation has been communicated to the arresting officer.

A

may

32
Q

Can a misdemeanor warrantless arrest be made if there is probable cause to believe that the person has committed a criminal act according to F.S.S. 790.233, or according to F.S.S. 741.31 or F.S.S. 784.047, which violates an injunction for protection entered pursuant to F.S.S. 741.30 or F.S.S. 784.046, or a foreign protection order accorded full faith and credit pursuant to F.S.S. 741.315, over the objection of the petitioner, if necessary.

A

yes

33
Q

Can a misdemeanor warrantless arrest be made if there is probable cause to believe that the person has committed an act of domestic violence, as defined in F.S.S. 741.28?

A

yes

34
Q

regarding domestic violence the decision to arrest (shall/shall not) require consent of the victim or consideration of the relationship of the parties?

A

shall not

35
Q

True or False: It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence on each other and to encourage training of law enforcement and prosecutors in this area.

A

True

36
Q

A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under F.S.S. 741.31(4) or F.S.S. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to F.S.S. 741.315, is _______ that otherwise might result by reason of his action.

A

immune from civil liability

37
Q

If there is PC to believe that a person has committed a battery (not in officer’s presence), can the officer make a warrantless arrest?

A

yes

38
Q

Do Criminal mischief of Graffiti related offenses require a warrant if they do not occurr in an officer’s presence?

A

no

39
Q

is a warrant required if PC exists for a violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in F.S.S. 327.461.

A

No

40
Q

is a warrantless arrest allowed if an officer has determined that he has probable cause to believe that a misdemeanor has been committed, based upon a signed affidavit provided to the officer by a law enforcement officer of the U.S. Government, recognized as such by U.S. statute, or a US military law enforcement officer, recognized as such by the Uniform Code of Military Justice or the U.S. Department of Defense Regulations, when the misdemeanor was committed in the presence of the U.S. law enforcement officer or the U.S. military law enforcement officer on federal military property over which the state has maintained exclusive jurisdiction for such a misdemeanor.

A

yes

41
Q

is a warrant required if there is probable cause to believe that the person has committed an act that violates a condition of pretrial release provided in F.S.S. 903.047, when the original arrest was for an act of domestic violence as defined in F.S.S. 741.28.

A

no

42
Q

is a warrantless arrest permitted if there is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in conspicuous areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas.

A

yes

43
Q

can an arrest for trespass in a secure area of an airport be made off of the airport’s premises?

A

yes

44
Q

regarding arrests for trespass in secure areas of airports, law enforcement officers who act in good faith and exercises due care in making an arrest under this subsection (are/are not) immune from civil liability that might result by reason of the law enforcement officer’s action.

A

are

45
Q

is a warrant required if there is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in F.S.S. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in F.S.S. 394.455, who is engaged in the lawful performance of his duties.

A

no

46
Q

what offenses require a victim notification request? (7)

A

murder or attempted murder
sexual battery or attempted sexual battery
stalking or cyber stalking
domestic violence (including related violations of injunctions)
kidnapping or false imprisonment relating to domestic violence
dating violence pursuant to Chapter 784.046 F.S.S.
warrant or capias for any of the above charges

47
Q

If the victim of a domestic violence case is transported to Hubbard House for safety reasons, the officer/detective preparing the Victim Notification Request will ensure _____ and _____ are completed.

A

the release of information authorization section

a Signature Form (P-0214)

48
Q

The Signature Form will authorize Hubbard House to release information about the victim’s residency status for the purpose of follow-up interviews pertaining to the domestic violence case. The investigating officer must get a copy of this form from _____ prior to contacting Hubbard House.

A

the ACORDE Image System application on the 94Net

49
Q

If an arrest is made from a warrant or capias, which involved an enumerated offense that occurred prior to _______, the officer/detective assigned to the case will ensure that a Victim Notification Request is completed. A copy of the Victim Notification Request will be forwarded to the _____, and the original will be forwarded to _____.

A

October 1, 1995
PDF Intake Control Officer
Central Records

50
Q

Is a Victim Notification Request required for individuals arrested for Violation of Probation (VOP) or for a capias for Failure to Appear (FTA) involving the enumerated crimes.

A

no

Smith - Order 201 v1 - Arrest (4 decks)

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