Florida LEO Handbook Flashcards
________ – 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 ____.
Diplomatic Agents
________ 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.
Members of Administrative & Technical Staff
_____ 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.
Members of Service Staff
___ 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).
Temporary Duty
__ 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.
Consular officers
Identification Cards/Immunity/Consular
The only authoritative identification document is the identity card issued
by the three following government agencies:
1.
2.
3.
- U.S. Department of State
- The U.S Mission to the United Nations
- American Institute in Taiwan for the employees of TECRO or TECO
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).
- Blue
- Green
- Red
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.
personal inviolability
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.
True
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.
FALSE!
A person enjoying full criminal immunity, including their vehicles, may NOT be searched.
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.
TRUE
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.
3RD DEGREE FELONY
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.
Domesticated
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.
10 & 5
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.
45
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.
5 & 10
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.
60, 30 & 7 calendar days.
__ means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.
“Wantonly”
___ 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.
“Maliciously”
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.
4 days & 4 hours
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.
independent administrator
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.
6
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.
16
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.
County & Circuit Court
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
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
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.
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
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
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
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
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
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
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
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.
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
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
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
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
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”
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
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
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
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.