Chapter 2 Legal Flashcards
When a person engages in conduct that causes substantial emotional distress in a person and serves no legitimate purpose.
Harass
The suspect is deprived of freedom in a significant way.
Custody
Is misdemeanor or ordinance violations, the option for an offender to be released at the scene provided he or she signs a notice promising to appear in court.
Notice to appear
Spouses, former spouses, people related by blood or marriage, people who reside together or who have resided together in the past in the same dwelling unit, and people who are parents of a common child.
Family or household member
The process where a creditor may take possession of the collateral after default without a court order, if the repossession can be done without breach of the peace.
Self help repossession
An unlawful interference with the fundamental rights of another inhabitant of the United States.
Civil rights violation
A legal concept derived from the common law idea that the king and his agents can do no wrong, which is applied to employees or agents of a governmental entity, or to the governmental entity as an organization, to preclude the award of damages in a civil lawsuit.
Sovereign immunity
A rule that involves relying on the collective knowledge of other officers in taking law enforcement action.
Fellow officer rule
A situation in which the offender agreed, conspired, combined, or confederated with the person(s) alleged to the cause a crime to be committed F.S. 777.04(3).
Conspiracy
The items used by the defendant to commit the crime.
Instrumentalities of crime
To communicate words, images, or language through the use of electronic mail or electronic communication to a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Cyber talk
To legally deprive a person of liberty or freedom to go as he or she chooses; to take a person into custody to be held to answer for a crime.
Arrest
The standards set fourth in the Constitution and decisions and interpretations of the Constitution handed down by
U.S. District and Supreme Courts.
Constitutional law
A court review of all factors known to the officer at the time of the incident.
Totality of circumstances
When an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business.
Consensual encounter
A failure to use due or reasonable care in a situation that results in harm to another.
Negligence
Committing an act, beyond thinking or speaking, towards carrying out a crime; a situation in which a person would have committed a crime except that he or she failed or was prevented from doing so by an outside occurrence or person.
Attempt
An act that occurs when the government affects a person’s right to have or control his or property, usually by taking that property.
Seizure
The liability incurred when an officer is found guilty of committing a crime and is sentenced to incarnation or other property.
Criminal liability
The enclosed space of ground and the outbuildings immediately surrounding a structure.
Cartilage
When a person purposely does what the law declares to be a crime.
Intent
A criminal or non criminal act punishable by law.
Offense
A defense that requires the person committing the act to reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime.
Duress or coercion
A part of the Fourteenth Amendment that expands the restrictions the Bill of Rights places on the federal government to state and local governments and states, „No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any person within its jurisdiction of the equal protection of the laws.”
Due process clause
A civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government.
Forfeiture
A sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest.
Probable cause affidavit
The oral, anal, or vaginal penetration by or union with the sexual organ of another; anal or vaginal penetration of another by any other object.
Sexual battery
A defendant who helped another person commit or attempt to commit a crime and whose actions must be treated as if he or she had done all the things the
Principal in the first degree
A motor vehicle, vessel, ship, aircraft, railroad vehicle or car, trailer, or sleeping car.
Conveyance
The legal requirements that must be met before a jury is allowed to see or hear evidence.
Admissibility of evidence
A failure of the defendant to act in a reasonable manner.
Breach of duty
The presentation of evidence sufficient to prove the guilt of each elements of the crime beyond a reasonable doubt.
Proof beyond a reasonable doubt
A criminal offense committing within a state where the maximum penalty is incarceration in a county jail for up to one year.
Misdemeanor
Transporting, soliciting, recruiting, harboring, providing, or obtaining another person for transport.
Human trafficking
When an officer acts or purports to act in performance of official duties under any law, ordinance, or regulation.
Color of law
An offense, also known as a citizen infraction, for which the only penalty may be fine, forfeiture, or other civil penalty.
Noncriminal violation
A legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances; not to be confused with diminished mental capacity or insanity.
Mistake or ignorance of fact
When a law enforcement officer induces or causes a suspect to commit a crime so that the officer may then arrest the suspect; can be used as a legal defense.
Entrapment
A legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offense.
Intoxication
Certain emergencies, such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrant less entry.
Exigent circumstances
Intelligent, knowing, and voluntary consent that does not induce coerced submission; a legal defense that claims that the acts in question were committed with the victim’s consent and permission.
Consent
A person believed to have committed a crime or offense.
Suspect
Any unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of service, or form a family in need of services; or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 yrs. F.S. 985.03(6).
Child juvenile youth
Anything presented in a court of law to prove or disprove the validity of information.
Evidence