302 Filing Cases And Attending Court Flashcards

1
Q

Officers and detectives shall seek an arrest warrant for a suspect when:

A. There’s probable cause for the arrest of the suspect.

B. The suspect can be uniquely identified.

C. No suitable alternative to physical arrest is appropriate, such as the issuance of a Notice to Appear Citation (NTA) or Form P-0719 (State Attorney’s Office [SAO] Referral Card); and

D. The officer or detective is unable to make it warrantless arrest of the suspect.

A
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2
Q

As established in Order 210 (Patrol Function) only the assigned detective is permitted to seek an arrest warrant for what cases?

A

Category C cases

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3
Q

Officers are required to seek an arrest warrant within ____ hours after probable cause has been established for the arrest of the suspect.

A

Within 36 hours

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4
Q

An arrest warrant shall be approved by a sergeant or higher, affirming the affidavit has been reviewed and contains probable cause prior to submission to the SAO for review. A police officer-in-charge shall not approve the warrant in place of a sergeant or higher.

A
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5
Q

The oath may be administered by any officer with eWarrants access to include correctional officers and officers from local police departments.

A
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6
Q

If an arrest warrant is not issued, the officer shall change the status of the request to ____________ in eWarrants and provided a brief explanation in the space provided.

A

“Declined”

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7
Q

When an officer leaves the agency, his last assigned _________ shall ensure all active arrest warrants under the officer’s name are reassigned to current officers by using the “Reassign Officer” function in eWarrants.

A

Lieutenant

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8
Q

If an arrest warrant pending approval is no longer needed the arresting/investigating officer shall:

A. __________

B. __________

A

Update the status of the request to “Withdrawn” in eWarrants; and

Complete a Supplemental Report to document the reason the arrest warrant was withdrawn

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9
Q

Officers are not required to file an affidavit when an arrest only involved:

A. ____________

B. ____________

C. ____________

D. ____________

A

Misdemeanor offenses or municipal ordinance violations

Violations of probation

Charges pursuant to a capital

Charges pursuant to an arrest warrant obtained by another agency

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10
Q

If the arresting officer is not responsible for filing an affidavit on a felony arrest, he shall immediately notify the ___________________ for filing on the arrest or, if the officer is unavailable, the lieutenant of the unit/watch to which that member is assigned.

A

Member responsible

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11
Q

The member responsible for filing on that arrest shall ensure they complete a Form P-0718e (Transmittal Filing Affidavit) in its entirety, printed, and signed, within how many hours?

A

24 hours

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12
Q

Who is responsible for reviewing Form P-0718e (Transmittal Filing Affidavit) for completeness and accuracy and administer the oath regarding the accuracy of all information included on the affidavit?

A

The supervisor

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13
Q

All copies of case related materials that cannot be transmitted electronically shall be placed in a manilla envelope with the CCR number, date of the arrest, arresting officer’s name and ID number, and the suspect’s name written on the envelope, within how many hours?

A

24 hours

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14
Q

In the event of a system outage, all case related materials shall be submitted via the _________.

A

Manilla envelope process

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15
Q

For particularly complex cases, and with his supervisor’s approval, a member may file on a felony arrest by meeting with an Assistant State Attorney (ASA) in person.

A
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16
Q

When a Jacksonville Sheriff’s Office (JSO) member believes that leniency for a defendant could be exchanged for information that would lead to the arrest of another suspect on a more substantial charge, the member shall, with the approval of his chain of command, discuss the circumstances with a ____________, who shall determine if the member is permitted to make this request.

A

Department director of higher authority

17
Q

Requests for leniency or assistance for defendants without the approval of a ________________ are strictly prohibited.

A

Department director or higher authority

18
Q

If probable cause exists for the felony arrest of a suspect, but the victim is requesting the suspect not be prosecuted, the investigating officer shall proceed with the investigation unless the SAO declines prosecution.

A
19
Q

When a case has not been properly investigated, the SAO will notify the _____________________ , who shall coordinate with the assigned member’s chain of command to ensure the appropriate corrective and/or disciplinary actions are taken.

A

Chief of Investigations

20
Q

Evidence, such as a statement, tending to excuse, justify, or absolve, the alleged fault of guilt of a suspect (i.e. evidence that is favorable to a suspect), is known as what?

A

Exculpatory evidence

21
Q

It is the duty of all JSO members to make the SAO aware of any ____________ during on-going investigations, as well as post-conviction. Should any member become aware of exculpatory evidence, pre/post-conviction, it shall be thoroughly documented in a Supplemental Report and forwarded to the SAO.

A

Exculpatory evidence

22
Q

The Civil Process Unit shall not accept a subpoena or notice of deposition if the appearance date is less than _____ days.

A

Five days

23
Q

Even if the Civil Process Unit accepts a subpoena or notice to deposition that should not have been accepted the member is ________________.

A

Still required to appear

24
Q

When a member is served with a subpoena or given a notice of deposition, he is required to appear, no matter how little time there is between his receipt of the document and the scheduled appearance.

A
25
Q

Supervisors of members being served with a subpoena or notice of deposition shall ensure:

  1. The member is served as soon as practical;
  2. The subpoena log is updated accordingly;
  3. The member attends, and is adequately prepared for, the hearing or deposition; and
  4. The subpoena receipt, if applicable, is kept for _____ days from the appearance date listed on the subpoena, after which it may be destroyed.
A

30

26
Q

When a member is excused from a subpoena, he shall:

  1. Write the details of the conversation, including the name of the individual with whom he spoke and the date/time of the conversation, on the subpoena; and
  2. Return the subpoena to the issuing authority or the Civil Process Unit
A
27
Q

If a member is not excused from a subpoena and cannot make a court appearance due to exigent circumstances, the member shall notify his supervisor, who shall resolve the matter by contacting the issuing authority and the SAO.

A
28
Q

If at any time courthouse personnel instruct a member to secure his weapon for any reason, the member shall immediately follow the instructions given and report the incident to his supervisor.

A
29
Q

The wearing of a JSO uniform, JSO insignia, or weapon while attending a personal court proceeding is strictly prohibited.

A
30
Q

When a member is placed in a standby status for a court appearance, he shall remain in a place that will allow him to appear in court within _____ hour of being notified.

A

One

31
Q

When the Court Liaison Office notifies an officer that he must appear in court on short notice and/or without a subpoena, the officer shall consider this notification a direct order from the Sheriff and shall attend as directed.

A
32
Q

Any member who receives a subpoena or request to attend any court-related function outside Duval County shall immediately notify his ___________.

A

Lieutenant