302 Filing Cases and Attending Court (V5) Flashcards

1
Q
  1. Deadline to Seek an Arrest Warrant
    a. Officers are required to seek an arrest warrant _______Time Frame________ after probable cause has been established for the arrest of the suspect.
    c. Any deviation from the required time frame must be approved by _______________________.
A
  1. within 36 hours
  2. a supervisor
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2
Q
  1. Once an arrest warrant has been issued, the member will receive a notification from the eWarrants program. Upon receipt of this notification, the member shall:
    a.
    b.
    c.
A

a. Acknowledge receipt of the notification in eWarrants;
b. Complete a Supplemental Report, documenting the suspension of the case due to an arrest warrant having been issued; and
c. Attempt to serve the arrest warrant, documenting all attempts in subsequent Supplemental Reports.

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3
Q
  1. 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 Affiant” function in eWarrants.
A

commanding officer

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4
Q

C. Filing on Felony Arrests
1. For most felony arrests, an arresting officer must file an affidavit with the SAO attesting to the facts and circumstances related to the commission of each felony offense with which a suspect was charged. Officers are not required to file an affidavit when an arrest only involved:
a.
b.
c.
d.

A

a. Misdemeanor offenses or municipal ordinance violations;
b. Violations of probation;
c. Charges pursuant to a capias; or
d. Charges pursuant to an arrest warrant obtained by another agency.

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5
Q
  1. For a felony arrest that requires a filing affidavit, the _________________ shall prepare and submit the filing affidavit unless the arrest was:
    a.
    b.
    c.
A

arresting officer

a. From a Category C case, as defined in Order 210 (Patrol Function), in which case the assigned detective shall file on the arrest;
b. Pursuant to a warrant obtained by a detective, in which case the detective that obtained the warrant shall file on the arrest; or
c. Made by a dual-certified officer (DCO) pursuant to a local arrest warrant, in which case the officer or detective who obtained the arrest warrant shall file on the case.

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6
Q
  1. If the arresting officer is not responsible for filing an affidavit on a felony arrest, he shall immediately notify the member responsible for filing on the arrest or, if the officer is unavailable, the ____________________ of the unit/watch to which that member is assigned.
A

commanding officer

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7
Q
  1. ________Time Frame_______ of a felony arrest, the member responsible for filing on that arrest shall:
    a. Complete a filing packet containing:
    (1) A Form P-0718e (Transmittal Filing Affidavit); and
    (2) Copies of all reports and physical media (i.e., CDs, DVDs, etc.) associated with the case.
A

Within 24 hours

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8
Q

c. Submit the filing packet to his supervisor, who shall:
(1)
(2)
(3)
(4)

A

(1) Review the packet for completeness and accuracy;
(2) Administer the oath regarding the accuracy of all information included on the Form P-0718e (Transmittal Filing Affidavit);
(3) Ensure the affidavit is signed; and
(4) Ensure the filing packet is placed in the lockbox at the Police Memorial Building (PMB) security desk labeled “Felony Filing Transmittal Packets” and is entered into the log book next to the lockbox.

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9
Q

When is an officer allowed to file in person after an arrest?

A
  1. 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. The SAO filing hours are from 1300 to 1600 hours every weekday, excluding holidays.
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10
Q
  1. Requests for Leniency
    a. 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 ____________________, discuss the circumstances with a department director or higher authority, who shall determine if the member is permitted to make this request.
    b. Upon approval, the member shall make the request to the SAO in writing.
    c. Requests for leniency or assistance for defendants without the approval of a _______________________________ are strictly prohibited.
A
  1. his chain of command
  2. department director or higher authority
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11
Q
  1. Victim Request for Declined Prosecution
    b. When an ASA declines prosecution of a case, either verbally or in written correspondence, the investigating officer shall document the following in the narrative of the Offense Report or Supplemental Report:
    (1)
    (2)
    (3)
A

(1) The ASA’s name;
(2) The manner of notification given by the ASA; and
(3) The date and time the investigating officer received the notification.

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12
Q
  1. When a case has not been properly investigated, the SAO will notify the __________________________, who shall coordinate with the assigned member’s __________________________ to ensure the appropriate corrective and/or disciplinary actions are taken.
A
  1. Chief of Investigations
  2. chain of command
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13
Q

E. Telephone and Email Correspondence for Court-Related Functions
4. When a member receives an email from an attorney regarding scheduling or simple questions, he shall respond in a timely manner, sending a courtesy copy to the assigned ASA and his direct supervisor. Members are encouraged to seek guidance from the ___________________ or ________________, as necessary.

A
  1. SAO
  2. their supervisors
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14
Q

b. Most subpoenas and notices of depositions are delivered to the Civil Process Unit, which is the unit designated by the agency to receive and accept them on behalf of members. The Civil Process Unit shall not accept a subpoena or notice of deposition if:
(1) The appearance date is __________________________, or ___________________ if a weekend or holiday is included in that ______________________ period, from the date of service (this refers to the date the Civil Process Unit receives the subpoena, not the date on which the officer ultimately receives it);

A
  1. less than five days
  2. seven days
  3. five-day
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15
Q

g. Supervisors of members being served with a subpoen or notice of deposition shall ensure:
(1)
(2)
(3)
(4) The subpoena receipt, if applicable, is kept for _________________________ on the subpoena, after which it may be destroyed.
A. Time Frame

A

(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) 30 days from the appearance date listed

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16
Q

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

A

his supervisor

17
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 ______________________.

A

his supervisor

18
Q
  1. Unless notified by the ___________________________, an arresting officer is not required to attend preliminary court proceedings or arraignments. The sworn statement from the Arrest & Booking Report is recognized by the courts as a legitimate substitute for his presence.
    A. Unit/Division
A

Court Liaison Office

19
Q
  1. 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 ____________________ of being notified.
A

within one hour

20
Q

I. Court Appearances Outside Duval County
1. Any member who receives a subpoena or request to attend any court-related function outside Duval County shall immediately notify ________________________________.

A

his commanding officer

  1. The commanding officer shall contact the issuing authority and:
    a. If a subpoena was not issued, request that one be sent via mail;
    b. Request that any deposition or pretrial conference be held in Duval County, if possible; and
    c. Request the issuing authority minimize the amount of time the member is away from Duval County.
21
Q
  1. When a member must appear as a witness for a court-related function outside Duval County, the member is entitled to per diem and traveling expenses at the standardized state rate. All EIS overtime requests pursuant to this appearance must be handled through ______________________.
A

the Court Liaison Office