Chapter 10 Arrest Proc Flashcards
Deputies must act reasonably and within the limits of their authority as defined by
__________.
Florida Statutes and judicial interpretations
Arrests must be in compliance with ______
Florida Statutes
In memory of ________, deputy sheriff killed in the line of
duty while attempting to serve a warrant on a known dangerous subject, the
“_________ Protocol” is established to enhance safety
Todd Fatta
The risk potential
substantially increases when _____________?
the subject(s) is known to be dangerous or has
threatened to cause harm to others
For the purpose of
Todd Fatta protocol, tactical operations are any operations that:
A. _______________
B. _____________________
C. ____________________
D. ___________________
A. Are pre-planned,
B. Involve suspect(s) who have violent criminal histories, or
C. Are armed, or
D. Are reasonably believed to be armed
Todd Fatta operations may be defined as ______, _______, _______, _______?
search warrants
arrest warrants
suspect take-downs
or any other operation that is preplanned
The decision to deploy SWAT to a potentially high risk situation will be
made at the _________________?
lowest appropriate command level.
If ever in doubt, ______will be requested and respond
SWAT
________: Orders signed by the Clerk of the Court on the order of a judge
or after the State Attorney has filed information authorizing the arrest of the
person named in the capias.
Arrest Capias
__________: Orders signed by a judge authorizing the arrest of the person
named on the warrant.
Arrest Warrant
________: Written orders issued by a law enforcement officer in lieu of
a physical arrest requiring a person accused of committing a misdemeanor or
municipal or county ordinance violation to appear in a designated court at a
specific date and time.
Notice to Appear
___________: Knowledge or information acquired by a law enforcement
officer that would lead a reasonable and prudent person to believe a crime is or
was being committed and the person to be arrested has committed or is
committing that crime.
Probable Cause
_____________: Charging document for an adult arrested for a felony,
misdemeanor, law violation, or pursuant to a warrant/capias
Probable Cause Affidavit
____________: An arrest for felony or certain misdemeanor law
violations allowed under Florida Statutes based on probable cause developed or
obtained by the arresting officer.
Probable Cause Arrest
Under international law, all accredited diplomatic officers and foreign nation
ambassadors are __________ from arrest.
immune
A diplomatic officer or ambassador found driving under the influence of
alcoholic beverages or narcotic drugs will be ______________
released to family members,
friends, or taken home
Deputies will not arrest consular officers for misdemeanor, municipal, or
Broward County ordinance violations. If deputies have reasons to arrest a
consular officer for a misdemeanor, municipal, or Broward County
ordinance violation, they will_____________________
contact the State Attorney and request a
summons to be issued.
Barring fresh ______,______,________, deputies only have the same power as a private citizen to make a
felony arrest.
pursuit, mutual aid, or special
deputy status
Deputies must advise criminal suspects of their constitutional rights before questioning them on a crime when:
A. Suspects are arrested and deputies want to interrogate them.
B. Custodial questioning occurs (i.e., where the suspect’s freedom of movement is restricted in any significant way).
C. Questioning occurs in a police-dominated atmosphere.
D. ___________________
Fact-finding questioning becomes accusatorial and the suspect’s freedom of movement is restricted in any significant way
Suspects will be advised of their constitutional rights by using the ____ or _____
Statement of Rights form (BSO RP#17A) or reading from the Miranda Warnings Card (BSO TG#3).
If electronic recording of Miranda rights and the suspects’ acknowledgment that they understand their rights is not feasible, deputies must complete the__________
Statement of Rights form
______: Deputies will arrest subjects only upon probable
cause or pursuant to an arrest warrant or capias.
GROUNDS FOR ARREST
To execute any arrest, deputies must _____________ and ______________.
identify themselves as law enforcement
officers and advise subjects they are under arrest
T or F
It is not mandatory for deputies to tow vehicles
pursuant to a traffic arrest.
T
T or F
Suspects whose identity is doubtful will not be released from custody until
positive identification is established.
T
If a
deputy arrests another law enforcement agency’s employee, the deputy will
request ________________________
Communications to notify the agency as soon as possible.
If a subject is arrested pursuant to a military pickup order, a Probable Cause
Affidavit will be completed as follows:
1. List the offense as “Deserter” or “AWOL” followed by the relevant branch
of service.
2. In the space provided for statute number, write “_________.”
3. In the narrative, indicate the name and rank of the person confirming the
pickup order.
Note: An Event Report will not be required.
Administrative Pickup
Criminal investigations of BSO employees will be conducted in the same manner
as private citizens. Any pending arrest of an employee under investigation will
require the deputy to detain the employee and immediately have
Communications notify:
1._________
2. ________
3. __________
4. __________
5. _______
Internal Affairs Commander
Employee’s commander or director
Executive Director, Department of Professional Standards
Executive Director, Department of Law Enforcement
Sheriff
The Internal Affairs Commander or designee will assist the on-scene supervisor
to determine if:
1. The accused employee should be arrested immediately
2. A warrant for the employee’s arrest should be sought
3. _______________________
4. Any additional investigative or technical expertise is needed
Criminal action should be delayed pending further investigation
In accordance with the _________, a warrant is required for a
search and/or seizure (including an arrest) unless a warrant exception applies
4th Amendment
The consent to search is a waiver of 4th Amendment rights and thus, the deputy
has the burden of proving that the consent was given _____, ____, ________.
knowingly, intelligently, and
voluntarily.
The related ______ permits deputies to seize any item the deputy has
probable cause to believe is contraband or other evidence of a crime.
plain feel doctrine
Deputies may enter any premises without a search warrant when they reasonably
believe ________ or __________
an immediate entry is necessary to prevent injury to persons or property or
to render aid to persons in danger on the premises
When deputies are lawfully on or in the premises, any contraband items observed
________ may be seized and a ________ arrest may be made.
in plain view
warrantless
There are other limited exceptions to search and seizure without a warrant in
addition to those listed herein, they are:
1.______
2. ______
3. _______
- Incident to a lawful arrest
- Plain view including plain feel
- Regulatory inspections
T or F
The search must be conducted at the time and place of the arrest unless
circumstances necessitate removing the person from the area for safety reasons
T
If a deputy must search a prisoner of the opposite sex, the deputy must be alert to
potential charges of _______
impropriety
_______: As used in this section, having arrested persons remove or arrange
some or all of their clothing to permit a visual inspection of the genitals, buttocks,
anus, breasts (females), or a manual inspection of the undergarments of the
person.
Strip Search
No persons arrested for traffic, regulatory, or misdemeanor offenses, will be strip
searched unless:
1. The case involves a weapon or controlled substance.
2. The deputy has probable cause to believe the suspect is concealing a
weapon, controlled substance, or stolen property.
3. ___________
The case is violent in nature
If the statutory criteria for a strip search exists, and the patrol deputy
determines that a strip search of the arrestee should be made prior to
transporting the arrestee to jail, the patrol deputy will contact his/her
supervisor and obtain written authorization to conduct the strip search. The
written authorization will be obtained ________ to the strip search being
conducted. The patrol deputy will notify jail booking staff when an arrestee
has been strip searched prior to transport to the jail.
PRIOR
_____:A search conducted on body orifices or cavities subsequent to a finding
of probable cause. Such searches will be performed only at a hospital under court
order.
Body Cavity Search
T or F
When probable cause exists for Body Cavity Search, the supervisor will notify the on duty judge and
request a court order. A verbal court order from the duty judge, via
telephone, is acceptable
T
Authorized Restraints: Deputies will only use the following authorized restraints:
1. Standard police handcuffs (Smith and Wesson)
2. Leg irons
3. Restraining belts
4. Flex cuffs
5. _______
6. Stun belts (used by trained DOD)
Leg braces
T or F
It is standard practice to handcuff prisoners behind their back
T
more than one type of
restraint may be used to ensure the safety of deputies and safe control of
prisoners. Who determines if this necessary?
At the arresting or transporting deputy’s discretion
Florida Statutes require a law enforcement agency to notify the
Florida Department of Agriculture and Consumer Services on persons arrested
or formally charged with a _____ or ______
felony or violent misdemeanor
Concealed
weapons permits may be searched in FCIC by ________ or ________
concealed weapon license
number or the social security number.
The _________ of the arresting district/division will ensure
notification is made to the Florida Department of Agriculture by sending copies of
the Probable Cause Affidavit and Event Report, via facsimile, to the Division of
Licensing, Legal Department. Follow-up contact information for the arresting
deputy will also be included.
Executive Officer or designee
a citizen of a foreign country authorized to provide
assistance on behalf of that government to their citizens in a foreign country
Consular Officer of Consul
an official of a foreign government assigned to an embassy in
Washington D.C.
Diplomat
arrest or detention of foreign national requires
consulate notification regardless of the wishes of the foreign national
Special Rule Notification
consulate notification is optional and will be conducted
without delay upon the request of the foreign national
Basic Rule Notification
–commitment of a foreign national to custody pending trial for a criminal
offense.
Arrest
Taking a foreign national into custody for any reason other
than an arrest except where the foreign national is only momentarily detained,
e.g., traffic stop.
Detention/Detained
Without Delay - notification should occur as soon as reasonably possible
preferably within 24 hours, but not more than ____ hours
72
Is Mental Illness a Crime?
No
The deputy will always be mindful that mental illness is not a crime, and that
taking a person who is experiencing a mental illness into custody will only occur
when any of the following are present:
1.
2.
3.
4.
1.The subject has committed a criminal act;
2. The subject presents a danger to the life and safety of him/herself or to
others;
3. The subject meets the criteria for involuntary examination.
4. A court order or directive of a mental health or medical practitioner who
has legal authority to commit a person to a mental health facility has been
issued.
____: A situation in which a person who is believed to have a mental illness
displays one or more of the following:
1. Having delusions and/or hallucinations
2. Exhibiting erratic behavior
3. Creating a disturbance
4. Threatening harm to oneself or others
5. Other activity or behavior that causes alarm
Crisis
_______: A range of conditions that indicates an impairment of an
individual’s normal cognitive, emotional or behavioral functioning caused by
physiological or psychosocial factors, each with its own specific characteristics,
including but not limited to:
1. Schizophrenia.
2. Bipolar disorder (manic depression).
3. Major depression.
4. Schizo-affective disorder.
5. Panic disorder.
6. Obsessive-compulsive personality disorder.
7. Borderline personality disorder.
8. Anxiety disorder and phobias.
9. Other mental and/or medical illnesses which may cause disturbances in
thinking, feeling and/or relating with others or the environment.
Mental Illness
a court order that instructs a law enforcement officer to
take into custody a person who has been ordered to submit to involuntary mental
health or substance abuse treatment or assessment
Ex-Parte Order
consent voluntarily given in writing, by a
competent person, after sufficient explanation to enable the person to make a
knowing and willful decision without any element of force, fraud, deceit, duress,
other form of constraint, or coercion.
Express and Informed Consent
A law that allows an individual to be taken
into protective custody by court order or by a law enforcement officer who
believes that the individual (adult or juvenile) has lost the power of self-control
with respect to substance use
Marchman Act
Also known as the “Florida Mental Health Act”,
this law allows for the involuntary institutionalization and examination for up to
seventy-two (72) hours of an individual who is believed to have a mental illness
and is a potential harm to self or others.
Baker Act
The attempts of a deputy to de-escalate a mental health crisis
and return the affected individual to a pre-crisis level
Crisis Intervention:
A team comprised of deputy sheriffs who:
1. Have received specialized training to respond to crisis calls involving the
mentally ill.
2. Are assigned to each district and work in cooperation with mental health
facilities and organizations.
3. Are committed to safety, understanding, and compassion when handling
mental health related calls.
Crisis Intervention Team (CIT)
The process of diverting persons with mental illness away from the
criminal justice system toward an appropriate community mental health treatment
program when applicable.
Diversion
When will prisoner transport vehicles be examined?
At the beginning of each shift, all prisoner transport vehicles will be examined
by the deputy for operational readiness. This visual inspection will include
searching the prisoner compartment of the vehicle for possible weapons,
contraband or evidence.
Prisoners will not sit ______
in the front seat of transport vehicles
A maximum of ____ prisoners can be transported if the vehicle is
equipped with a protective divider.
three
