Florida LEO Handbook Flashcards
1
Q
________ – They have complete personal inviolability, which means that they may not be handcuffed (except in extraordinary circumstances), arrested, or detained; and neither their property (including vehicles) nor residences may be entered or searched. ___ also enjoy complete immunity from the criminal jurisdiction of the host country’s courts and thus cannot be prosecuted no matter how serious the offense unless their immunity is waived. They cannot be forced to be witnesses in a criminal proceeding. Family members forming part of the household of ___ enjoy precisely the same privileges and immunities as do
the sponsoring ____.
A
Diplomatic Agents
2
Q
________ perform tasks critical to the inner workings of the embassy. Accordingly, they enjoy privileges and immunities identical to those of diplomatic agents in respect to personal inviolability, immunity from criminal jurisdiction, and immunity from the obligation to provide evidence as witnesses. Also, like those of diplomatic agents, the family members of ___ enjoy the same privileges and immunities.
A
Members of Administrative & Technical Staff
3
Q
_____ perform less critical support tasks and only have official acts immunity. They do not have personal inviolability, no inviolability of property and no immunity from the obligation to provide evidence as witnesses. The families of __ enjoy no privileges or immunities.
A
Members of Service Staff
4
Q
___ are persons sent to the United States on short-term official duty with diplomatic missions ordinarily do not enjoy any privileges and immunities (law enforcement authorities should nonetheless always seek prompt verification from the U.S. Department of State in particular cases involving such individuals).
A
Temporary Duty
5
Q
__ are those members of consular posts who are recognized by both the sending and the host country as fully authorized to perform the broad array of formal consular functions. They have only official acts or functional immunity in respect of both criminal and civil matters, and their personal inviolability is quite limited. __ may be arrested or detained pending trial only if the offense is a felony and that the arrest is made pursuant to a decision by a competent judicial authority (e.g., a warrant issued by an appropriate court). They can be prosecuted for misdemeanors, but remain at liberty pending trial or other disposition of charges. Property of __ is not inviolable. ___ are not obliged to provide evidence as witnesses in connection with matters involving their official duties, to produce official documents, or to provide expert witness testimony on the laws of the sending country. Absent a bilateral agreement, the family members of __ enjoy no personal inviolability and no jurisdictional immunity of any kind.
A
Consular officers
6
Q
Identification Cards/Immunity/Consular
The only authoritative identification document is the identity card issued
by the three following government agencies:
1.
2.
3.
A
- U.S. Department of State
- The U.S Mission to the United Nations
- American Institute in Taiwan for the employees of TECRO or TECO
7
Q
There are three types of identification cards:
- Diplomatic ( ____ border for diplomats),
- Official (____ border for embassy employees and United Nations Permanent Mission support staff, and TECRO employees).
- Consular ( ___ border for consular personnel and TECO employees).
A
- Blue
- Green
- Red
8
Q
If the suspect enjoys ___, he or she may not be handcuffed, except when that individual poses an immediate threat to safety and may not be arrested or detained. Once all pertinent information is obtained, that person must be released. A copy of the incident report should be faxed or emailed as soon as possible to the U.S. Department of State in Washington D.C.
A
personal inviolability
9
Q
True or False:
a mission member or dependent and issuing a traffic citation for a moving violation is permitted and does not constitute arrest or detention. However, the subject may NOT be compelled to sign the citation. In all cases, officers should follow their departmental guidelines and document the facts of the case fully.
A
True
10
Q
Property Inviolability and Vehicles
True or False?
The property of a person enjoying full criminal immunity, including his or her vehicle, may be searched or seized. Such vehicles may not be impounded or “booted” but may be towed the distance necessary to remove them from obstructing traffic or endangering public safety.
A
FALSE!
A person enjoying full criminal immunity, including their vehicles, may NOT be searched.
11
Q
True or False?
Vehicles registered to consular officials, including those with full criminal immunity, and consulates are not inviolable and may be towed, impounded, or booted in accordance with local procedures. The U.S. Department of State should be notified if a consular vehicle has been detained or impounded so that its Office of Foreign Missions can follow up with the proper consular official or mission.
A
TRUE
12
Q
Interference with Custody, makes the
malicious deprivation of another person’s custodial rights a __felony. If there is no court order determining custody, and one parent is attempting to leave with the child, but not flee the jurisdiction, the responding officer should attempt to maintain the status quo. That is, whoever has the child upon the officer’s arrival should keep the child.
A
3RD DEGREE FELONY
13
Q
An officer may not enforce a court order issued by another state or jurisdiction unless the court order has been __, and a break order issued by a court in the local jurisdiction, for example, in Miami-Dade County a domesticated order is evidenced by a signature of a local judge, e.g., a Miami-Dade County judge.
A
Domesticated
14
Q
Mechanics of Forfeiture:
The Act requires law enforcement agencies to apply for an ex-parte order of probable cause within __ business days of every seizure (in addition to any request by a claimant for an adversarial preliminary hearing). A ruling of “no probable cause” requires the agency to return the property within __ days.
A
10 & 5
15
Q
Mechanics of Forfeiture:
A law enforcement agency is strictly required to proceed against seized property by filing a Complaint/Petition for Forfeiture within __ days of seizure in the jurisdiction wherein the seizure or the predicate offense(s) occurred. The filing of the complaint/petition initiates an “in rem” civil action, wherein the seizing agency is the plaintiff/petitioner, and the property itself is the defendant.
A
45
16
Q
Florida Contraband Forfeiture Act:
The Act also requires that all persons known to the seizing agency to have an interest in the property be sent notice by certified mail within __ working days of the seizure that they are entitled to an Adversarial Preliminary Hearing, which must be held within __ days from the receipt of any request for such a hearing.
A
5 & 10
17
Q
Sharing in the proceeds of Federal Forfeitures:
There are strict time restrictions on the submission of federal sharing applications. Applications must be submitted to the proper federal agency within __ calendar days of the seizure resulting from joint investigations and __ calendar days for adopted seizures. Consequently, the original sharing request should be submitted to the department’s legal counsel within __ calendar days of the seizure or as soon thereafter.
A
60, 30 & 7 calendar days.
18
Q
__ means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.
A
“Wantonly”
19
Q
___ means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.
A
“Maliciously”
20
Q
Confrontation & Lineups:
There is no hard and fast rule that specifies the maximum time allowed after the offense to conduct a confrontation. There is authority in Florida for allowing up to __ days. See Ashford v. State, 274 So. 2d 517 (Fla. 1973). However, absent some great need or unusual circumstances, it is suggested that, in the vast majority of cases, the observation of the suspect should not be conducted more than __ hours after the crime occurred.
A
4 days & 4 hours
21
Q
Fla. Stat. 92.70 provides that lineup identifications (photo or in person) must be conducted by an independent administrator. An __ is a person who is not participating in the criminal investigation and is unaware of which person in the lineup is the suspect.
A
independent administrator
22
Q
Photo Array
There is no mandatory minimum number of photos to be used in a display, but at least __ should be considered. Ensure the photos used are of similar appearing subjects.
A
6
23
Q
Truancy is NOT a crime. Florida law requires all children to attend school, unless a child attains the age of _ and files a formal declaration of intent to terminate enrollment with the school board.
A
16
24
Q
The court of original traffic jurisdiction (the __court) will have jurisdiction over any minor who is alleged to have committed a violation of law or of a county or municipal ordinance pertaining to the operation of a motor vehicle; however, any traffic offense that is punishable by law as a felony must be transferred to the Juvenile Division, __ Court.
A
County & Circuit Court
25
Juvenile Delinquency:
If the intake counselor at the Juvenile Assessment Center decides to detain the child, the court is required to have a detention hearing within __ hours, excluding Sunday and holidays.
24
26
Procedure for Placement/Marchman Act:
If a person does not consent to assistance, a law enforcement officer, after giving consideration to that refusal and the person’s expressed wishes, may take the person to a hospital or a licensed detoxification or addiction receiving facility (against the person’s will, but without using unreasonable force). In this situation, the officer may also detain the person (adults only) in a municipal or county jail or other appropriate detention facility. Such a detention is not considered an arrest. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider of the detention within the first __ hours. The facility must arrange transportation to an appropriate provider with an available bed. An attending physician must assess persons in protective custody within the first __ hours to determine the need for further services.
8 & 72
27
How much smokable Marijuana can a person possess?
Patients/caregivers may not possess more than _ ounces of medical marijuana in the form for smoking (a _-day supply).
4 ounces & 70
ID Card must be renewed annually.
28
Section 33-19.1 allows for the display of a vehicle for sale in a residential district if the vehicle is on private property, has a valid state license plate displayed or a valid registration affixed to the rear window. In a residential district, no more than one vehicle may be displayed for sale on private property at any given time on the premises and no more than __ vehicles may be displayed for sale on the premises in one calendar year.
2
29
REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY/ PUBLIC/UNAUTHORIZED:
Any vehicle in violation of sections 30-388.31.1 and 30-388.15 shall be towed if not removed by the owner. The owner of the vehicle cannot be arrested for the violation, however, all violations of these sections shall be punishable by a fine of __ dollars for the first vehicle on the first offense and __ dollars per vehicle for each additional vehicle and any repeat violation.
$100 & $500
30
REPOSSESSIONS:
The only legal requirement is that the police or sheriff’s department, having jurisdiction over the location from which the property was repossessed, be notified within two hours of the repossession. § 493.6118(1)(x)5., Fla. Stat. Failure to do so is a __.
First Degree Misdemeanor
31
RISK PROTECTION ORDERS:
The RPO can restrict the individual’s access to their firearms for periods between __ days up to __ months. Further, prior to the expiration of the RPO, an officer or agency can request that the court extend the order for a longer period of time.
14 & 12
32
RISK PROTECTION ORDERS:
The court must hold an Ex Parte RPO hearing in person or by telephone on the day the petition is filed or on the next business day. If the court finds just cause, it will issue a temporary Ex Parte RPO pending a hearing that shall be held no later than __ days after the date that the petition was filed. The temporary Ex Parte RPO and notice of the __ day hearing must be served upon the respondent concurrently. The court may hold the __ day hearing for the long term RPO in person or by telephone.
14
33
RPOs can be extended upon motion by the officer or agency within _ days prior to the expiration date on the order. The respondent may submit a written request for a hearing to vacate the RPO after the date of the issuance of the order and may request another hearing after every extension of the order.
30
34
The law enforcement officer serving a RPO, including a temporary Ex Parte RPO, shall request that the respondent immediately surrender all firearms and ammunition owned by the respondent in his/her custody, control, or possession AND any license to carry a concealed weapon or firearm. Upon surrender, a receipt identifying all firearms must be given to the respondent AND within __ hours, the law enforcement officer serving the order shall file the original receipt with the court.
72
35
The court must hold a hearing within _ days after the issuance of an RPO in which the respondent must show proof that he/she has surrendered any firearms or ammunition.
3
NOTE: It is a third-degree felony for the respondent to have in his/her custody or control a firearm or any ammunition or to purchase, possess, or receive a firearm or ammunition with knowledge that he/she is prohibited from doing so pursuant to an RPO. § 790.401(11)(b), Fla. Stat.
36
SIDE MIRRORS
Is it illegal to drive a car without side mirrors in Florida? Generally, no. Florida law only requires that a vehicle have at least one rearview mirror that allows the driver to view __ feet to the rear of the vehicle. Drivers who operate a vehicle in violation of this law commit a noncriminal traffic violation. However, there are two notable exceptions: 1. Drivers that have a __ restriction on their driver’s license must have a left, outside rearview mirror on their vehicle; and 2. If the vehicle’s rear window is covered by, or treated with any material that makes the window nontransparent, the vehicle must be equipped with side mirrors on both sides of the vehicle that allows the driver to view __feet to the rear of the vehicle.
Code B & 200 Feet
37
For how long is a trespass warning valid? Florida courts have upheld a __ month time period between a trespass warning and the corresponding warrantless arrest for misdemeanor trespass on the same property.
4 months
38
Florida Statutes § 790.25(4) provides for an additional way to lawfully carry a firearm in a vehicle. A person _ years of age or older, who is not otherwise prohibited from carrying a firearm, may possess a concealed firearm within the interior of a private conveyance if the firearm is securely encased or otherwise not readily accessible for immediate use.
18
39
CIVIL FORFEITURE GUIDELINES:
A finding by the court that probable cause does not exist subjects the seizing agency to court costs and attorney’s fees up to $__. Typically, the seizing officer is called upon to testify at the Adversarial Preliminary Hearing and should be prepared to face cross-examination by the claimant’s defense counsel.
$2,000
40
FORFEITURE OF REAL & PERSONAL PROPERTY:
The seizure and forfeiture of real property, however, differs extensively. Real property cannot be seized except by order of court or the filing of a “___" after a civil forfeiture action is filed, which serves as a claim against the property. Moreover, under Florida law, a person’s primary residence, or homestead, is exempt from seizure (although federal law may still allow for its seizure).
"LIS PENDENS"
41
COURT ORDERS: True or False?
However, domestic violence injunctions
issued by a foreign court (different state or U.S. territory) must be accorded full faith and credit by the courts of this State and must be enforced by law enforcement regardless of the fact that they were not executed or domesticated by a Florida court.
TRUE
42
VIOLATION OF INJUNCTION: TRUE OR FAL
What do I do if I am serving an injunction and the individual refuses to surrender his/her firearms? Refusing to surrender firearms or ammunition if ordered to do so by the court is a willful violation of an injunction and a misdemeanor of the first degree. As such, if an officer has probable cause to believe that the individual is in possession of a firearm and refusing to surrender it pursuant to the court order, the officer may arrest the individual for violation of the injunction. However, in order to search the home and remove the firearms from the home, officers must obtain a search warrant from the judge who signed the original injunction.
TRUE
43
A person who willfully refuses to accept and sign a citation requiring a mandatory court appearance commit a __. If a driver refuses to sign the citation, officers should advise that signing the citation is not an admission of guilt, but an acknowledgment that the driver will appear in court on a future date.
second-degree MISDEMEANOR
44
Repossesors are required to carry both their repossessor's license and identification card issued by their employer when on duty. Violation of this law is a ___.
first-degree misdemeanor.
45
A person who manufactures, distributes, sells, gives, or possesses with the intent to manufacture, distribute, sell or give marijuana or a marijuana delivery device that he or she holds out to have originated from a licensed medical marijuana treatment center but that is counterfeit commits a ____.
3rd degree felony.
46
HEMP:
In any criminal trial involving a cannabis offense, the state is required to prove beyond a reasonable doubt that the suspected substance is, in fact, illegal cannabis, and not hemp. In order to prove that the substance is cannabis, the state will need to prove that the substance has a THC level higher than ___ percent on a dry-weight basis.
0.3
47
The hemp law also created § 581.217, Fla. Stat., authorizing the Department of Agriculture and Consumer Services (FDACS) to create a state hemp program, and provides for licensure requirements to cultivate hemp. Florida Statutes § 581.217(5)(e)2 provides that the FDACS shall deny the issuance of a hemp license to an applicant or refuse to renew the hemp license of a licensee if the FDACS finds that the applicant or licensee has been convicted of a felony relating to a ____ under state or federal law.
controlled substance
48
Bondsman Authority to Arrest
In Florida:
Bondsmen are licensed and regulated under Florida Statute § 648 and have arrest powers pursuant to § 903.22, Fla. Stat. A bondsman (also referred to as a “surety”) is legally considered to have custody of a defendant (also referred to as a principal”) who has been released from law enforcement/corrections custody on bail. As such, the bondsman has statutory authority to “recapture” a defendant whose bail has been forfeited or when the bondsman surrenders the defendant to law enforcement authorities. A bondsman may arrest a principal before or up to ___ years after the forfeiture of the bond.
two
49
Does an out-of-state bondsman have the authority to recapture a principal in Florida, if he/she holds an equivalent license (to that which is issued in Florida) by the state where the bond was written?
Yes!
Officers confronted with an arrest of a
principal effected by an out-of-state bondsman, should make inquires as to
the licensure and authority of the out-of-state bondsman.
50
A bondsman may only use ___ force in apprehending a fugitive (principal). ___ force has been described as “…only that force that an ordinary, prudent, and intelligent person with the surety’s (bondsman’s) knowledge would have believed necessary in the circumstances to capture and surrender the principal”. Bondsmen have no statutory, common law or case law authority to use deadly force in effecting a capture.
Reasonable
51
Do Bondsmen have a special authority under § 903, Fla. Stat. or § 648, Fla. Stat., to be armed?
NO! Accordingly, a bondsman must either possess a valid license or qualify for a license under § 790.06, Fla. Stat., to carry a
concealed weapon or firearm. In situations where an officer encounters a bondsman who is armed and either has a license to carry a concealed weapon or firearm or is authorized to carry a concealed weapon or firearm, he/she should follow the routine procedure to verify that the concealed
weapon or firearm license is valid.
52
What case is associated with DOG ALERTS in a private curtilage?
In: Florida v. Jardines, 133 S. Ct. 1409 (2013).
The United States Supreme Court ruled that, although a police officer may enter the curtilage of a house and knock on a front door like any private citizen, the officer must first obtain a warrant to use a drug-sniffing dog on the front porch or curtilage of a home.
53
What case is associated with prolonging a traffic stop to conduct a dog sniff?
Rodriguez v. United States, 135 S. Ct. 1609 (2015).
Holding that, without reasonable suspicion, the Fourth Amendment prohibits police from prolonging a traffic stop to conduct a dog sniff.
54
Drones and other unmanned aircraft systems (UAS), are governed by thecorresponding rules, regulations, restrictions, and enforcement actions of the Federal Aviation Administration (FAA). Can State and local police officers use FAA regulations as a basis to stop, search, or seize drone owners/operators or the drones themselves?
No, they CANNOT.
*There may be situations where the drone or UAS, itself, is used as an instrumentality of a crime. For example, a drone may be used for the delivery of narcotics, voyeurism, or video voyeurism. In these cases, officers should treat the drone or UAS as the instrumentality or evidence of
the crime and proceed according to their department’s policy with the appropriate criminal investigation.
55
_____is a person who has lived in a residential dwelling for a brief period of time, without a lease, and whose stay was intended to be transient or temporary in nature.
Transient occupant
56
Transient Occupancy/Information.
There are a number of factors listed in § 82.035(1)(a), Fla. Stat. to consider when determining if a person is a transient occupant, to include: 1. The person has no ownership or financial interest in the property, including a lease. 2. The person does not have any property utility in his/her name. 3. The person cannot produce documentation/ID cards sent or issued by a government agency (for example, driver’s license or voter registration card), that show that the person used the address as an address of record with an official agency within the past 12 months. 4. The person pays minimal or no rent. 5. The person does not have a designated space, such as his/her own room at the property. 6. The person has minimal, if any, personal belongings at the property. 7. The person has a permanent residence elsewhere. Minor contributions towards the purchase of household goods, food, or utilities does not establish residency. See § 82.035(1)(b), Fla. Stat. Second, a transient occupant unlawfully “detains” the property if he or she remains at the property after the person entitled to possession of the property directs the transient occupant to leave. See § 82.035(2), Fla. Stat. A transient occupancy ends when: 1. A transient occupant begins to reside elsewhere; 2. Surrenders the key to the residence to the owner; or 3. Leaves the residence when directed by: (a) law enforcement based upon an affidavit that will be discussed below, (b) a party entitled to possession of the residence or (c) a court of law.
A law enforcement officer may, upon receipt of a sworn affidavit from the party entitled to possession of the property stating that a transient occupant is unlawfully remaining, direct the transient occupant to surrender possession of the property. The sworn affidavit must set forth all facts regarding why the individual is a transient occupant, including listing the
factors enumerated above that apply, that establish that this individual is a transient occupant and can no longer remain on the premises.
*A person who fails to comply with the direction of a law enforcement officer to surrender possession or occupancy, violates § 810.08, Fla. Stat, Trespass in structure or conveyance, a misdemeanor offense.
57
Florida law requires that body-worn camera records be retained for a period of at least ___ days.
90
58
Habitual Traffic Offender:
Pursuant to § 322.264, Fla. Stat., a “habitual traffic offender” is defined as any person whose record shows that such person has accumulated a specified number of convictions for certain offenses detailed within the statute within a five-year period. The driver’s license of any person meeting the criterion of a “habitual traffic offender” is subject to mandatory revocation by the Department of Highway Safety and Motor Vehicles for a minimum of __ years.
5
59
Homemade Firearms:
The only part of the gun that is regulated under federal law is the ____, a small metal part to which the other components of the rifle connect.
lower receiver
*Officers should speak with their
respective legal counsel to determine the effects ATF Rule 2021R-05F and any challenges have on their enforcement of firearm related offenses.
60
___ is the practice of charging an unconscionable price for a product or commodity (e.g., food, ice, gas, lumber) within an area for which a state of emergency is declared. It is not a criminal violation. § 501.160, Fla. Stat. However, the State Attorney’s Office (SAO) may be able to pursue criminal charges in certain situations.
Price gouging
61
Police officers should write a report documenting the complaint and contact the Florida Attorney General’s Price Gouging Hotline at 1-866-966-7226, or the victim can report violations online at myfloridalegal.com. In extreme situations (i.e., a case of water for $100), Miami-Dade officers can write a civil citation for a violation of Miami-Dade County Code Section 8A-5, prohibition of price gouging during declared state of emergency,which carries a ___ fine.
$500
62
When conducting a traffic stop under § 316.305, Fla. Stat. law enforcement officers who stop drivers for texting while driving must inform the driver of his/her right to decline a search of the device.
Further, officers may not:
* access the wireless device without a warrant; * confiscate a device while waiting for a warrant; or
* coerce a driver into giving them access to the wireless device. Lastly, if a citation for Texting While Driving is issued, the law
enforcement officer must record the ___ & ____ of the driver on the citation.
the race and ethnicity
63
___ is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities for both their official and, to a large extent, their personal activities.
Diplomatic immunity
64
Fleeing Jurisdiction With Child Via Ship Under United States or Foreign Flag:
True or False?
Where the parent is fleeing the jurisdiction with the child via a ship docked at the local Port, regardless of whether the ship is under a United States flag or foreign flag, a police officer has the authority to board the ship to enforce a violation of state law. Additionally, the ship’s departure may be delayed long enough to complete the investigation.
True
65
If a crime occurs on the high seas, and the state chooses to exercise jurisdiction under § 910.006, Fla. Stat., the ___ should be contacted and advised of the circumstances of the crime, as concurrent jurisdiction may possibly exist.
Federal Bureau of Investigation
66
FLEEING JURISDICTION WITH CHILD VIA AIRCRAFT: A police officer has police authority on an aircraft that is docked with
the aircraft’s passenger door open. However, the aircraft’s captain has superseding authority on an aircraft once the aircraft door is sealed. On a domestic or international flight where a fleeing parent boards the aircraft with the child, the officer should seek the assistance of the ___ and/or flight crew by explaining the state law violation and asking permission to board the aircraft. This assistance should be sought even though the aircraft door is open. If the aircraft door is sealed, the police officer must seek the assistance of the ___ in delaying the aircraft’s departure.
F.A.A.
*It is recommended that officers contact their agency legal advisor when presented with a child custody order from a foreign country or with court orders from different jurisdictions which are in apparent conflict with each other.
67
COST RECOVERY
Florida Statutes, § 938.27, Judgment for costs of prosecution and investigation, states: “In all criminal and violation-of-probation or community-control cases, ___ persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies … if requested by such agencies. The court shall include these costs in every judgment rendered against the convicted person.” (Emphasis added.)
convicted
*does not apply to juveniles who have been adjudicated delinquent. Therefore, an Investigations and Court Cost Recovery Form cannot be submitted for cases prosecuted in juvenile court.
68
Motor Vehicle's:
A warrantless, valid search may be made of a car and any containers within, when there is probable cause to believe that the automobile contains contraband, a weapon, or evidence of a crime. Under these circumstances a search may be made of the entire vehicle, including the trunk, locked or unlocked containers and a locked glove compartment (known as the ____ doctrine).
Carroll
69
FIREWORKS
It is unlawful for any person, firm, co-partnership or corporation to offer for sale, expose for sale, sell at retail, use, or explode any fireworks without first obtaining a permit from the_____ § 791.02,
Fla. Stat. Such a violation is a _____.
1. Board of County Commissioners.
2. misdemeanor of the first degree.
70
Fireworks:
The term “Fireworks” does not include
sparklers approved by the Division of the State Fire Marshal, toy pistols, toy canes, toy guns, or other devices in which paper caps containing ____ grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than ___ grains of explosive mixture, the sale and use of which shall be permitted at all times.
twenty-five hundredths
71
Part of becoming a Habitual traffic offender includes: having more than ___ convictions for moving traffic offenses within a five-year period.
15
72
HANDICAPPED PARKING VIOLATIONS
When conducting an investigation or responding to a complaint of a motor vehicle unlawfully stopping, standing, or parked in a space legally designated and marked as a handicapped parking space, officers __ have the vehicle in violation removed to a lawful parking space, garage, storage lot, or other safe place. If the operator of the vehicle is present, the officer may require the person to remove the unauthorized vehicle from the parking space. Additionally, the officer __ charge the operator or other person in charge of the vehicle with a violation of § 316.1955, Fla. Stat., a noncriminal traffic infraction.
SHALL
*A law enforcement officer additionally has the right to demand to be shown the person’s disabled parking permit and driver’s license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence.
73
The hemp law also created § 581.217, Fla. Stat., authorizing the Department of Agriculture and Consumer Services (FDACS) to create a state hemp program, and provides for licensure requirements to cultivate hemp. provides that the FDACS shall deny the issuance of a hemp license to an applicant or refuse to renew the hemp license of a licensee if the FDACS finds that the applicant or licensee has been convicted of a felony relating to a controlled substance under state or federal law. Further, a hemp license may not be issued for __ years following the date of the conviction.
10
74
FIREARMS–SECURITY GUARDS AND BUSINESS PREMISES
Guards employed by individual businesses may not carry firearms without first obtaining a class __ license as required by § 493.6115, Fla. Stat. Strictly speaking, a security guard may not wear a firearm going to and from his or her work assignments. Remember, however, that it is lawful for a person to possess a weapon or firearm when traveling by private conveyance provided the weapon is securely encased and not in the person’s manual possession, or not readily accessible for immediate use.
“G”
75
A qualified patient or caregiver in possession of marijuana or a marijuana delivery device who fails or refuses to present his or her marijuana use registry card upon request of a law enforcement officer. UNLESS IT CAN BE DETERMINED THROUGH THE MEDICAL MARIJUANA USE REGISTRY THAT THE PERSON IS AUTHORIZED TO BE IN POSSESSION OF THAT MARIJUANA OR MARIJUANA DELIVERY DEVICE. A violation of this law is
a ____ misdemeanor.
2nd degree
76
A qualified patient who uses marijuana or a caregiver who administers marijuana in plain view of or in a place open to the general public; in a school bus, a vehicle, an aircraft, or a boat; or on the grounds of a school except as provided in § 1006.062, Fla. Stat. NOT APPLICABLE TO USE OF LOW-THC CANNABIS. A violation of this law is a ____.
1st degree misdemeanor.
77
A person transporting marijuana or marijuana delivery devices on behalf of a medical marijuana treatment center or marijuana testing laboratory who fails or refuses to present a transportation manifest upon a request of a law
enforcement officer. A violation of this law is a ____.
2nd degree misdemeanor
78
If a qualified physician issues a physician
certification for the medical use of marijuana for a patent without a reasonable belief that the patient is suffering from a qualifying medical condition commits a ____.
1st degree misdemeanor
78
Any person who possesses or manufactures a blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued medical marijuana use registry identification
card. A violation of this law is a ____.
3rd degree felony.
79
A person who fraudulently represents that he or she has a qualifying medical condition to a qualified physician for the purpose of being issued a physician certification.
1st degree misdemeanor
80
In Florida, probable cause for an arrest exists where the facts and circumstances within an officer's knowledge is sufficient to warrant a reasonable person in belief that an offense has been or is being committed. _______ v. State
Jenkins
81
Probable Cause:
The ______ factors establishing probable cause are the most important because these factors must establish probable cause prior to making the formal arrest. While post-arrest factors may be used in the subsequent determination of “proof beyond a reasonable doubt,” probable cause for the initial arrest must exist at the time of the arrest.
pre-arrest
82
The staffs of diplomatic missions _____ are afforded the highest level of privileges and immunities in the host country in order that they may effectively perform their important duties.
(embassies)
83
Special Bilateral Agreements - there are some countries with which the United States has concluded bilateral agreements that grant to all members of the staff of their respective embassies (provided that they are nationals of the sending country) the privileges and immunities to which only diplomatic agents are normally entitled. Identification cards will reflect this status but police officers should be aware of this distinction because they
may have to confront situations where a _______ OR ______ from the embassy of one of these countries asserts a right to full diplomatic privileges and immunities.
chauffeur or mechanic
84
Law enforcement officers are requested to contact _____ before arresting a consular officer, or, if not possible, immediately after arrest.
the Department of State
85
When a law enforcement officer is called to the scene of a criminal incident involving a person who claims diplomatic or consular immunity, the first step should be to ?
verify the status of the suspect.
86
Cell-Site Location Information:
The United States Supreme Court has noted that “the time-stamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his ‘familial, political, professional, religious, and sexual associations.” ______ V. United States.
Carpenter v. United States.
*law enforcement must obtain a warrant supported by probable cause before acquiring CSLI records.
87
Mechanics of Forfeiture:
There are two statutory defenses available to a claimant under the Act, either as an innocent owner or a ______.
*It is the seizing agency’s burden to disprove these defenses by a preponderance of the evidence (the greater weight of the evidence)*
bona fide lienholder
88
Courts have also found that a nexus is present based off the totality of the circumstances when no narcotics are found. In _____ v. Metro-Dade Police Dept., 505 So.2d 621 (3rd DCA 1987), the court found probable cause for seizure based on the totality of the circumstances, when a large amount of currency was found, the currency was found in a duffel bag in stacks secured with rubber bands (quick count bundles), conflicting statements as to the source of the currency existed, and a trained narcotics detection dog alerted to the money.
Lobo
89
“The only elements which need to be present in order to establish a claim for damages under the Civil Rights Act are that the conduct complained of was engaged in under color of _____, and that such conduct subjected the plaintiff to the deprivation of rights, privileges, or immunities secured by the Constitution of the United States.” Marshall v. Sawyer, 301 F.2d 639 (9th Cir. 1962).
state law
90
Enforcement of Injunctions:
When the respondent has been served with the injunction, he/she willfully violates the injunction by:
(1) Refusing to vacate the dwelling that the parties share;
(2) Going to, or being within ___ feet of, the Petitioner’s residence.
(6) Knowingly and intentionally coming within ___ feet of the
Petitioner’s motor vehicle, regardless of whether the vehicle is occupied.
500 & 100
91
Any firearm and ammunition surrendered by a respondent pursuant to an RPO which remains unclaimed for __ year after an order to vacate the RPO is issued shall be disposed of in accordance with agency policy.
1
92
The penalty for an unlawful search and seizure is suppression of the
evidence. Further, evidence which is discovered as a result of information gained by the unlawful search and seizure will also be suppressed pursuant to the “______ doctrine,” discussed in Wong Sun v. United States, 371 U.S. 471 (1963).
fruit of the poisonous tree
93
Freedom of Religion & Animal Sacrifices:
Noise shall be deemed to be frequent, habitual or long continued if the noise continues: for a period in excess of __ minutes; or for at least three separate periods, each in excess of ___ minutes,
provided that the period occur within the time span of three consecutive days.
30 & 15
94
Freedom of Religion & Animal Sacrifices:
In Miami-Dade County Ordinance Section 30-388.10 states: No person shall park any vehicle upon a street, in such a manner or under such conditions as to leave available less than __ feet of the width of the roadway for free movement of vehicular traffic.
10
95
Freedom of Religion & Animal Sacrifices:
A person shall be deemed to harbor, possess or keep an animal if the person: has by any means, confined the animal to the property where the animal is located; or has, within the preceding ____ days, intentionally provided food to the animal or another anima; of the same species on the property where the animal is located.
14
96
Whenever a public official declares that a state of emergency exists due to civil disorders, acts of violence, etc., the following acts shall be prohibited during that period:
1. The sale of, or offer to sell, any firearm or ammunition.
2. The intentional display of a firearm or ammunition by or in any store or shop.
3. The intentional possession in public places of a firearm by any person, except law enforcement or a person in the military service acting in the official performance of his/her duties.
Violation of these provisions is a ______.
misdemeanor of the first-degree
97
Detention of Juveniles:/Other Juvenile Offenders:
Under no circumstances will a juvenile be initially detained in an adult facility. A report will be filed by the officer taking custody of the child, within ___ hours if the child was detained or within ____ week if the child was released, with the intake officer. The report will state the reasons for taking the child into custody.
Dependent Children:
For cases involving allegations of abandonment, abuse, or neglect, or other dependency cases, the law enforcement officer shall make a full report within ____ days of release. a protective investigator, who shall then determine if the child needs to be placed in a shelter or released.
24 & one week.
3. Three
98
Legal Justification- Touching or the Use of Force: There are three major exceptions to the general rule that one may not legally touch or injure another person:
(1) _______.
(2) _______.
(3) _______.
1. Consent (expressed, implied, emergency)
2. Self Defense
3. Arrest
99
In 1967, the United States ratified the Vienna Convention on Consular Relations. This treaty mandates that foreign nationals who are arrested or detained be advised of their right to consult with members of their consulate or consular officials. In some instances it is ____ that the arresting or detaining authority notify the nearest consular officials of the arrest or detention of the foreign national, regardless of the national’s wishes.
mandatory
*the United States has a bilateral agreement requiring mandatory notification in the event of an arrest, the officer must immediately notify the consulate or representative of the foreign national’s government.
100
It is recommended that officers contact their agency legal advisor when presented with a child custody order from a foreign country or with court orders from different jurisdictions which are in apparent conflict with each other prior to making an arrest pursuant to either section because both contain ____ and _____ as elements of the crime.
knowledge & intent
101
Consular/Diplomatic Personnel:
The U.S. Department of State’s ____ Motor Vehicle Office: maintains driver histories on all its licensees and assesses points for moving violations. Drivers who demonstrate a pattern of bad driving habits or who commit an egregious offense such as DUI are subject to having their licenses suspended or revoked as appropriate. This policy can be enforced effectively only if all driving infractions (DUI, reckless driving, etc.) are reported promptly to the U.S. Department of State.
Diplomatic
102
Mechanics of Forfeiture:
A person claiming an interest in the property is known as the ____ and must answer the complaint/petition pursuant to the Florida Rules of Civil Procedure upon service by the seizing agency.
claimant
103
If you act in your official capacity you are acting under color of state (or local) law, and if your conduct results in the deprivation of any
constitutionally guaranteed rights, you could be liable not only for actual damages, but for punitive damages if the element of ____ is shown.
malice
104
There are two ways you can be liable when your actions deprive a
person of a right, privilege, or immunity protected by the Constitution or laws of the United States:
(1) If your actions are ______, i.e., you intentionally deprive somebody
of his rights; or
(2) By willfully subjecting any person to a different punishment or
penalty because such person is an alien, or because of their race or color, other than is prescribed for the punishment of citizens.
willful
105
Which ACT gives law enforcement officers and law enforcement agencies the ability to petition the court to obtain a Risk Protection Order?
The Marjory Stoneman Douglas High School Public Safety Act
106
Search & Seizure:
The burden of proving the validity of a warrantless search and seizure is always on the __________.
government
107
Violations of a curfew order during a state of emergency is a _____ misdemeanor.
second-degree
108
SEIZING FIREARMS AND AMMUNITION:
Firearms or ammunition seized or voluntarily surrendered pursuant to the Baker Act must be returned within _____ days after the individual is no longer subject to the involuntary examination, unless a RPO is issued and directs the agency to hold the property for a longer period of time.
seven
*officers are reminded not to label Baker Act incidents as “breaches of the peace” on any Offense Incident or other police report, unless the officer specifically charges the person with a criminal violation of § 877.03, Fla. Stat., Breach of the peace; disorderly conduct.
109
REPOSESSION:
Absent a writ of ______ or other court order entitling the creditor to the assistance of the sheriff, there can be no repossession over the express objection of the debtor, even where it might involve taking or removing an automobile from a public street.
Replevin
