Chapter 10 Arrest Proc Flashcards by Eddie Earnest

Deputies must act reasonably and within the limits of their authority as defined by
__________.

Florida Statutes and judicial interpretations

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Arrests must be in compliance with ______

Florida Statutes

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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

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The risk potential
substantially increases when _____________?

the subject(s) is known to be dangerous or has
threatened to cause harm to others

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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

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Todd Fatta operations may be defined as ______, _______, _______, _______?

search warrants
arrest warrants
suspect take-downs
or any other operation that is preplanned

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The decision to deploy SWAT to a potentially high risk situation will be
made at the _________________?

lowest appropriate command level.

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If ever in doubt, ______will be requested and respond

SWAT

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________: 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

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__________: Orders signed by a judge authorizing the arrest of the person
named on the warrant.

Arrest Warrant

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________: 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

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___________: 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

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_____________: Charging document for an adult arrested for a felony,
misdemeanor, law violation, or pursuant to a warrant/capias

Probable Cause Affidavit

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____________: 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

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Under international law, all accredited diplomatic officers and foreign nation
ambassadors are __________ from arrest.

immune

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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

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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.

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Barring fresh ______,______,________, deputies only have the same power as a private citizen to make a
felony arrest.

pursuit, mutual aid, or special
deputy status

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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

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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).

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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

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______: Deputies will arrest subjects only upon probable
cause or pursuant to an arrest warrant or capias.

GROUNDS FOR ARREST

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To execute any arrest, deputies must _____________ and ______________.

identify themselves as law enforcement
officers and advise subjects they are under arrest

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T or F

It is not mandatory for deputies to tow vehicles
pursuant to a traffic arrest.

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T or F Suspects whose identity is doubtful will not be released from custody until positive identification is established.

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. _______

1. Incident to a lawful arrest 2. Plain view including plain feel 3. 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

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

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

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

Is Mental Illness a Crime?

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