901 Flashcards
Can you make warrantless arrests for Criminal Mischief or Graffiti related offenses?
Yes if you have PC
Several offenses specifically mentioned in 901.15 which are eligible for warrantless arrests: (9)
- Domestic and Dating violence including injuctions
- Child abuse and luring or enticing a child
- Battery
- Criminal Mischief or Graffiti related offenses
- violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone
- trespass in a secure area of an airport
- assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers
- assault or battery upon any employee of a receiving facility
- criminal act of sexual cyberharassment
to make an arrest for a misdemeanor which has occurred in the presence of a a law enforcement officer of the United States Government, on federal military property over which the state has jurisdiction?
The LEO of the US Gov has to sign an affidavit and we can then make a warrantless arrest
LEO of the Florida National Guard can make arrests on _____
state military property
If a Florida National Guard LEO makes an arrest what do they do with their prisoner?
turn them over promptly to the Sheriff of the county
If someone trespasses in a secure area of an airport, where can they be arrested?
on or off of the airport premises
A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that he or she has probable cause to believe that a violation of Prohibited handbill distribution in a public lodging establishment has been committed and what else has to happen?
the owner or manager of the public lodging establishment in which the violation occurred and one additional affiant have to sign an affidavit containing information that supports the officer’s determination of probable cause
Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person _____, _____ or _____ the officer may temporarily detain such person for the purpose of _____ and _____ abroad which led the officer to believe that the person…..
has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county,
ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence
No person shall be temporarily detained under the provisions of subsection (2) longer than is _____ to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the _____ thereof.
reasonably necessary
immediate vicinity
Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has _______ to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to ______ and ______.
probable cause
disclose, and for the purpose of disclosing, the presence of such weapon
Arrest by a warrant: The officer need not have the warrant in his or her possession at the time of arrest but on request of the person arrested shall ______
show it to them as soon as practicable.
A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer’s authority and the cause of arrest except when _____ or _____ before the officer has an opportunity to inform the person or when giving the information will _____
the person flees or forcibly resists
imperil the arrest.
If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use _____ or _____ to enter any building or property where the person to be arrested is or is reasonably believed to be.
all necessary and reasonable force
If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a _____ without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested _____ or _____
felony
is or is reasonably believed to be.
A peace officer may use any _____ to liberate himself or herself or another person from detention in a building entered for the purpose of making a lawful arrest
reasonable force
A peace officer may use any reasonable force to liberate himself or herself or another person from detention in a building entered for the purpose of _____
making a lawful arrest
When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person’s ______ for the purpose of: (3)
immediate presence
(a) Protecting the officer from attack;
(b) Preventing the person from escaping; or
(c) Discovering the fruits of a crime.
A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person’s _____, the seizure of which is reasonably necessary for the purpose of: (3)
immediate control
(a) Protecting the officer from attack;
(b) Preventing the escape of the arrested person; or
(c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime.
Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall, when arresting any person who appears to be inebriated, intoxicated, or not in control of his or her physical functions, examine such person to ascertain whether or not the person is wearing a _____ or _____ or has upon his or her person some other _____ which would specifically delineate a medical disability which would account for the actions of such person.
medic-alert bracelet or necklace
visible identifying device
In the event that a person who is deaf is arrested and taken into custody for an alleged violation of a criminal law of this state, the services of a _____ shall be sought prior to interrogating such deaf person.
qualified interpreter
If the services of a qualified interpreter cannot be obtained, the arresting officer may interrogate or take a statement from such person provided such interrogation and the answers thereto shall be _____
in writing
When can you interview a deaf person who is arrested without an interpreter and what must be done?
When an interpreter is not available
the statement or answers must be in writing
Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside the officer’s jurisdiction when _______
in fresh pursuit
If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the _____.
officer in charge of the jurisdiction in which the arrest is made
If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the officer in charge of the jurisdiction in which the arrest is made. They will do what? when?
take the person so arrested before a trial court judge of the county in which the arrest was made
without unnecessary delay
What happens if we fail to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions? can it result in their release?
nothing, it shall not be a defense in any criminal proceeding against any foreign national
no, it shall not be cause for the foreign national’s discharge from custody.
