FL CRIMINAL PROCEDURE Flashcards
FL CRIIMINAL PROCEDURE - PC FOR AN ARREST WARRANT
IN FLORIDA, WHEN DOES PROBABLE CAUSE EXIST TO ISSUE AN ARREST WARRANT?
Probable cause exists to issue an arrest warrant when law enforcement knows of sufficient facts and circumstances to cause a reasonably cautious person to believe that the person accused committed an offense within the issuing judge’s jurisdiction.
FLORIDA CRIMINAL PROCEDURE - MOTION FOR A NEW TRIAL
IN A NONCAPITAL CASE TRIED BEFORE A JURY, WHEN DOES THE COURT LACK JURISDICTION TO HEAR OR GRANT A NEW TRIAL MOTION?
In a noncapital case tried before a jury, the court lacks jurisdiction to hear or grant a new trial motion if the motion is made more than 10 days after the jury renders its verdict.
FLORIDA CRIMINAL PROCEDURE - SEARCH WARRANTS AND PLAIN VIEW EXCEPTION
WHEN POLICE ARE EXECUTING A VALID SEARCH WARRANT, WHAT DOES THE PLAIN VIEW EXCEPTION PERMIT THE OFFICER TO SEIZE OR DO?
A lawful search warrant may be issued by any judge having jurisdiction where the place, vehicle, or thing to be searched is located. A search warrant confers authority to search only the places named in it, and only for the types of objects named in it.
In executing a search warrant, the plain view exception allows an officer to seize an item in her plain view, even if the item was not named in the search warrant, but it only applies if the incriminating character of the item is immediately apparent.
FLORIDA CRIMINAL PROCEDURE - ADVERSARY PRELIMINARY HEARING
WHEN DOES A DEFENDANT HAVE A RIGHT TO AN ADVERSARY PRELIMINARY HEARING?
A defendant has the right to an adversary preliminary hearing to determine probable cause on any felony charges if the defendant is not charged by information or indictment within 21 days of arrest or service of the capias (i.e., arrest warrant).
