Chapter 3 - Legal Help Flashcards
Chapter 11B, Florida Administrative Code (F.A.C.)
governs the training and certification of law enforcement officers
A second-degree misdemeanor
maximum penalty of 60 days in a county jail and / or a fine of up to $500, or both
A first-degree misdemeanor
maximum penalty of one year in a county jail and a fine of up to
$1,000, or both.
A third-degree felony
maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both
A second-degree felony
maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both
A first-degree felony
maximum penalty of 30 years in a state correctional facility, a fine of up
to $10,000, or both
A life felony
maximum penalty is life incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both
A capital felony
death or life incarceration in a state correctional facility without the possibility of parole
Principal in the first degree
if a babysitter provides security codes to a friend for the purpose of
that friend to commit a burglary and the burglary takes place without the babysitter being there, the babysitter is a principal in the first degree.
Breach of duty
if an officer decides to wait for EMS instead of performing CPR on an injured person who is not breathing, and the person dies or suffers brain damage from lack of oxygen, the officer is liable for those consequences because the officer breached the duty of care.
Emergency Scene
in the case of Seibert v. State officers were justified in entering a house, because they had an objectively reasonable basis to believe that a person was about to commit suicide
SCOPE OF SEARCHES
if an officer has probable cause to search a home for stolen refrigerators, searching drawers, clothing, and under the bed is unreasonable, because a refrigerator cannot fit in those places.
Vicarious liability
an agency may be held vicariously liable if an officer operates their patrol car in a negligent or inappropriate way that results in damages to property or personal injury to a member of the public.
Qualified immunity
a police officer decided to issue a notice to appear (NTA) rather than make a physical arrest for a batterythat occurred during a bar fight. The person who was issued the NTA returns to the bar and physically attacks the bar owner. The officer would not be liable for not making the physical arrest because the act of issuing a NTA is
discretionary.
subpoena
legal order for a person to appear before a court
capias
legal order for an arrest issued by the clerk of court
ex parte order
is a court order signed by a judge that is initiated by one person in the absence of and without representation of other parties.
pickup order
court order to take a juvenile into custody.
protection order
court-issued order that is meant to protect a person, or entity and the general public from harm or harassment.
risk protection order (RPO)
order which revokes a person’s constitutional right to possess firearms.
domestic violence protection order
court order issued by a judge to protect someone against domestic violence.
Illinois v. Wardlow
Being in a high-crime area is not enough to support that the person is committing a crime.
Terry v. Ohio
The officer suspected that the men were examining the store to plan a crime. The officer confronted them,and when they did not respond appropriately, grabbed two of them and patted down their outside clothing. The officer discovered that the men had guns in their jackets. The two individuals were arrested and charged with illegally carrying concealed weapons.
Mackey v. State
simply seeing a partially concealed firearm does not, justify a frisk, since many people may lawfully possess a concealed firearm
Whren v. U.S.
Whren’s vehicle sitting at a stop sign for an unusually long time. Suddenly, and without using a turn signal, the vehicle sped off. The officers pulled over the vehicle based on the traffic When the officers approached the vehicle, they saw that Whren was holding bags of cocaine, and they arrested both men (PRETEXT STOP)
Illinois v. Gates
established the totality of circumstances standard of probable cause
U.S. v. Ross
justifies probable cause in the search of a lawfully stopped vehicle, to include the search of every part of the vehicle and its contents.
GRAHAM V. CONNOR
The use of force is to be judged from the perspective of a reasonable
officer under the same circumstances without the benefit of hindsight
TENNESSEE V. GARNER
involves restricting the use of deadly force on an individual fleeing from arrest.
1) probable cause of a felony involving
infliction or threat of serious bodily harm;
2) deadly force is necessary to prevent escape;
3) the officer provides
a warning, if feasible, and
4) probable cause exists that the felon poses a threat of death or serious bodily harm to
officers or others.
Miranda v. Arizona
The Miranda decision put the burden of explaining Fifth and Sixth Amendment rights on the law enforcement officer.
Baker Act
Crazy
Marchman Act
Drunk or High
examples of reasonable expectation of privacy
personal residence, a car, and a public restroom
Terry Stop
Officer may frisk someone lawfully detained if reasonable suspicion that they are about to commit a crime
