Chapter 3 - Legal Help

Question 1

Chapter 11B, Florida Administrative Code (F.A.C.)

Answer 1

governs the training and certification of law enforcement officers

Question 2

A second-degree misdemeanor

Answer 2

maximum penalty of 60 days in a county jail and / or a fine of up to $500, or both

Question 3

A first-degree misdemeanor

Answer 3

maximum penalty of one year in a county jail and a fine of up to
$1,000, or both.

Question 4

A third-degree felony

Answer 4

maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both

Question 5

A second-degree felony

Answer 5

maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both

Question 6

A first-degree felony

Answer 6

maximum penalty of 30 years in a state correctional facility, a fine of up
to $10,000, or both

Question 7

A life felony

Answer 7

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

Question 8

A capital felony

Answer 8

death or life incarceration in a state correctional facility without the possibility of parole

Question 9

Principal in the first degree

Answer 9

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.

Question 10

Breach of duty

Answer 10

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.

Question 11

Emergency Scene

Answer 11

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

Question 12

SCOPE OF SEARCHES

Answer 12

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.

Question 13

Vicarious liability

Answer 13

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.

Question 14

Qualified immunity

Answer 14

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.

Question 15

subpoena

Answer 15

legal order for a person to appear before a court

Question 16

capias

Answer 16

legal order for an arrest issued by the clerk of court

Question 17

ex parte order

Answer 17

is a court order signed by a judge that is initiated by one person in the absence of and without representation of other parties.

Question 18

pickup order

Answer 18

court order to take a juvenile into custody.

Question 19

protection order

Answer 19

court-issued order that is meant to protect a person, or entity and the general public from harm or harassment.

Question 20

risk protection order (RPO)

Answer 20

order which revokes a person’s constitutional right to possess firearms.

Question 21

domestic violence protection order

Answer 21

court order issued by a judge to protect someone against domestic violence.

Question 22

Illinois v. Wardlow

Answer 22

Being in a high-crime area is not enough to support that the person is committing a crime.

Question 23

Terry v. Ohio

Answer 23

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.

Question 24

Mackey v. State

Answer 24

simply seeing a partially concealed firearm does not, justify a frisk, since many people may lawfully possess a concealed firearm

Question 25

Whren v. U.S.

Answer 25

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)

Question 26

Illinois v. Gates

Answer 26

established the totality of circumstances standard of probable cause

Question 27

U.S. v. Ross

Answer 27

justifies probable cause in the search of a lawfully stopped vehicle, to include the search of every part of the vehicle and its contents.

Question 28

GRAHAM V. CONNOR

Answer 28

The use of force is to be judged from the perspective of a reasonable
officer under the same circumstances without the benefit of hindsight

Question 29

TENNESSEE V. GARNER

Answer 29

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.

Question 30

Miranda v. Arizona

Answer 30

The Miranda decision put the burden of explaining Fifth and Sixth Amendment rights on the law enforcement officer.

Question 31

Baker Act

Answer 31

Crazy

Question 32

Marchman Act

Answer 32

Drunk or High

Question 33

examples of reasonable expectation of privacy

Answer 33

personal residence, a car, and a public restroom

Question 34

Terry Stop

Answer 34

Officer may frisk someone lawfully detained if reasonable suspicion that they are about to commit a crime