Introduction to Law Flashcards
1. Describe the foundation of law as developed in U.S. legal system. 2. Define consitutional law as it applies to the structure & limitations of US govt. 3. Explain the concepts of statutory & criminal law in US legal system. 4. Explain how the application of civil law provisions impacts a law enforcement officer's action. 5. Explain the role of administrative law for U.S. govt agencies. 6. Explain how the application of case law impacts the interpretation of statutes & rules in the federa
Constitutional Law
Defines form of govt American’s have established. Identifies the powers and limitations of each branch.
3 Branches
Executive, legislative, & judicial.
Statutory Law
Written &; enacted by congress, state legislature, local governing authorities in response to perceived need.
Includes 1: criminal, 2: civil, 3: administrative, & 4: regulatory laws.
Criminal Law
Aspect of statutory law, identifies unacceptable behaviors & allows govt prosecution of those who commit them. Also sets punishments for unacceptable behavior.
Ordinance
enacted by municipal or county govt. “curfews for minor, parking regulation.” APPLY ONLY WITHIN JURISDICTION. Cannot conflict w/ state or federal law.
Civil Law
legal action that a person takes to resolve private dispute with another person. Must have recognized a cause of action.
Cause of action
Is to civil case what a criminal statute is to criminal case.
Administrative Law
body of law that allows for creation of public regulatory agencies. Contains ALL statutes, judicial decisions, & regulations that govern. Ex: FAC; governs training & certs for leo’s.
Precedent
sets example for what the courts are to follow unless a higher court changes the rule.
Bill of rights
First 10 amendments.
1st Amendment
Protects freedom of speech, press, peaceful assembly, & religion.
2nd Amendment
Guarantees right to bear arms. Chapter 790 FL Statuate
4th Amendment
Prohibits unreasonable search & seizure.
Home’s, vehicle’s, luggage, purses or other places where a reasonable expectation of privacy.
5th Amendment
- Prohibits compelled self incrimination.
- Requires grand jury for capital crimes, prohibits double jeopardy &deprivation of life w/o due process.
Affected LEO: interviewing & arresting suspects &taking action that violates due process.
6th Amendment
Informed of nature of charges, receive counsel, undergo speedy trial, confront witnesses, face impartial jury.
Affected LEO: making contact while suspect has counsel.
8th Amendment
Prohibits excessive bail, fines, & cruel/unusual punishment.
14th Amendment
Due process clause “no deprivation of life, liberty, or property w/o due process of law. Be fair and consistent with enforcement of law.”
Substantive
Due process is fair & consistent enforcement of laws.
Procedural
Steps that must be followed to protect individual rights.
Offense
Criminal/noncriminal acts that are punishable under Florida law.
Criminal Offense
Punishable by incarceration & classified as either Felony or Misdemeanor.
Noncriminal Offense
“Civil Infractions” punishable by monetary fines or something other than incarceration. Ex: Traffic offense
Felony
Any crime committed where the maximum penalty is death or incarceration in state correctional facility for more than 1 year.
Capital Felony
Highest class of felony; penalty is death or life w/o parole. Example: 1st degree murder, only penalty in which Florida may impose death penalty.
All other capital felonies require state to impose life w/o parole.
Example: Sexual battery w/ child under 12 by 18+ yr old.
Life Felony
Life imprisonment; $15,000 fine or both.
Example: sexual battery w/ weapon. (originally 1st degree)
1st Degree Felony
30 yrs; $10,000 fine or both.
2nd Degree Felony
15 years imprisonment; $10,000 fine or both.
Example: Aggravated battery
3rd Degree Felony
5 years imprisonment; $5,000 fine or both.
Example: Aggravated assault.
Crime Enhance Factors
- Violent offense against LEO, Judge, CO’s, State Attorney’s
- Wearing mask, hood, to conceal identity while committing felony.
- Hate crime
- Possessing weapon in commission of crime.
- Taking, using, possession of LEO firearm.
- Misdemeanor/felony that facilitated terrorism.
Attempt Factor
An attempt is always a lesser charge than completion.
Misdemeanor
Criminal offense punishable by up to 1 yr in jail.
1st Degree Misdemeanor
Punishable by up to 1 yr in jail; $1,000 fine or both.
Example: Battery
2nd Degree Misdemeanor
Punishable by up to 60 days in jail; $500 fine or both.
Example: Criminal mischief w/ property damage under $200.
Noncriminal Offense
fine, forfeiture, or other civil penalty. “civil infraction”; doesn’t constitute a crime.
Ordinance
Only applies to jurisdiction in which enacted it. Punishable by up to 60 days in jail or $500 fine.
Consensual Encounter
Officer comes into voluntary contact w/person. Reasonable person would feel free to disregard and go about his/her business.
*Florida vs. Royer: whether encounter was consensual & circumstances surrounding encounter.
Violations/Considered a stop if following occurs: block movement, doing more than asking questions, physically stopped/restrained.
Mere suspicion
Hunch or gut feeling. Detaining a person requires more than mere suspicion.
Example: person wearing hoodie on a hot summer day.
Reasonable Suspicion
Standard needed to justify a legal “Terry Stop”
Information from fellow officers, “BOLO”
Also called articulable suspicion/founded suspicion.
*Illinois vs. Wardlow: Officers are not required to ignore relevant characteristics of a location in determining whether circumstances are sufficient to warrant further investigation.
Terry vs. Ohio
LEO may frisk exterior clothing if officer has reasonable suspicion to believe suspect is armed. Scope of frisk is limited solely to pat down of clothing, containers & property being carried by person.
Stop & Frisk Guideline
Requires probable cause before weapons pat down is permitted.
Stop & Frisk Guideline
Requires probable cause before weapons pat down is permitted.
2 Elements: person is lawfully detained; has reasonable suspicion to believe that person possesses dangerous weapon.
Plain Touch/feel doctrine
Allows officer to seize contraband even if it doesn’t feel like a weapon.
Contraband
Anything illegal to possess, produce, or transport.
- Minnesota vs. Dickerson- Officer must articulate through his/her training immediately recognized item as contraband.
- Cannot manipulate or grope to obtain.
Terry Stop Duration
Limited to reasonable time limit needed to conduct stop.
Stalling/further questioning in 4th amendment violation.
Pretext Stops
Officer suspects further criminal activity but to initiate stop needs to have a vehicle infraction in purpose to make contact. “taillight out, no turn signal.”
*Whren vs. US- courts not required to consider officer’s motive for stopping vehicle as long as officer had objective basis.
Probable Cause
Fair probability or reasonable grounds to believe that somebody committed crime.
Fluid: based on assessment of probabilities in particular factual context; (Reduced to neat set of legal rules) *Illinois vs. Gates
Draper vs. US- factual & practical considerations of everyday life on which resonable & prudent men, not legal technicians, act.
Reasonable Suspicion vs. Probable Cause
Amount & quality of information officer has at a certain time concerning a particular suspect or that evidence of a crime is present in place to be searched.
Totality of circumstances
All factors known to officer at the time of incident.
Sources of info for LEO’S.
Fellow officer, citizen informant, verified anonymous tips, credible confidential informant, line ups, show ups.
Fellow Officer Rule
Relying on collective knowledge of other officers when taking law enforcement action.
Example: making investigative stop on BOLO.
US. vs Meade- knowledge of facts when forming conclusion that suspect has committed or committing a crime.
Proof beyond reasonable doubt
Standard used to determine if criminal defendant is guilty.
PC may support a person’s commission of crime but w/o further evidence the state won’t prosecute.
Standards in Civil & Admin Cases
“Burden of proof; The greater weight”- Civil
Admin- “burden of proof is clear and convincing evidence.”
Each of these is lesser standard than proof beyond reasonable doubt.
Totality of circumstances
All factors known to officer at the time of incident.
Sources of info for LEO’S.
Fellow officer, citizen informant, verified anonymous tips, credible confidential informant, line ups, show ups.
Fellow Officer Rule
Relying on collective knowledge of other officers when taking law enforcement action.
Example: making investigative stop on BOLO.
Proof beyond reasonable doubt
Standard used to determine if criminal defendant is guilty.
PC may support a person’s commission of crime but w/o further evidence the state won’t prosecute.
Standards in Civil & Admin Cases
“Burden of proof; The greater weight”- Civil
Admin- “burden of proof is clear and convincing evidence.”
Each of these is lesser standard than proof beyond reasonable doubt.
Protection w/ 4th Amendment
Protects from search &seizure unless they’re conducted with probable cause & under reasonable circumstances.
Search
When govt intrudes into a place where a person has reasonable expectation of privacy.
Seizure
When govt affect’s person’s rights to have control of his/her property, usually by physically taking it.
Search Warrant
Court order that authorizes law enforcement to conduct a search & seizure.
Search Warrant Validity
- Authorized and signed by neutral magistrate/judge.
- Based on affidavit that states sufficient facts to establish that evidence of crime will be found in searchable place.
- Person serving warrant must be within their jurisdiction.
- Confidential informant must have provided reliable/credible information in the past.
Search Warrant Validity
- Authorized and signed by neutral magistrate/judge.
- Based on affidavit that states sufficient facts to establish that evidence of crime will be found in searchable place.
- Person serving warrant must be within their jurisdiction.
- Confidential informant must have provided reliable/credible information in the past.
- Detailed description is a crucial element; designed to prevent searching unauthorized areas.
- Directions to place w/ known landmark; “intersection.”
- Specific in detail of items to be possible “seized.”
Exclusionary Rule
Illegally obtained evidence cannot be used.
Davis vs. US- discourages officers from violating citizens’ rights during criminal investigations.
Davis vs. US
“When police conduct a search in a objectively reasonable reliance on binding appellate precedent, exclusionary rule does not apply.”
Officers not required to anticipate what Supreme Court may do, only based on what the Supreme Court has done.
Fruit of Poisonous Tree Doctorine
Evidence gathered illegally must be excluded from trial.
*If illegal interrogation generates murder weapon, both results of interview & weapon may be excluded.
Good Faith Doctrine
If officer executes a search warrant they believe to be valid & a court later determines the warrant has a legal error, any seizure evidence may be admitted.
Plain View
Any contraband an officer can see can be seized w/o warrant as long as 3 conditions are met.
- Officer lawfully present in place where he/she sees item. *Cannot creep up to house & look through window.
- The item is in plain sight.
* Cannot move blanket etc. - Officer has probable cause to believe item is contraband or crime evidence.
* Criminal nature of item immediately apparent.
Sawyer vs. State
Police officer saw a white pill thinking it was ecstasy, seized it. However court said pill’s nature as illegal drug not immediately apparent.
Carroll Doctrine
Carroll vs. US: scope of search under Carroll doctrine extends to the entire vehicle and to all containers where evidence could reasonably be found.
US. vs. Ross
If PC justifies the search was lawful, it justifies the search of contents that may conceal object of search.
*Canine’s positive alert on exterior provided PC justifying complete search of vehicle’s interior & all containers.
K9 Detection Court Judgements
Not a search to have K-9 detect odors. Length of stop cannot be extended to have arrival of K9 & sniff complete.
Exigent Cricumstances
Certain emergencies such as evidence destruction, emergency scene, fresh pursuit that justify warrantless entry.
Destruction of Evidence
If officer has PC that contraband/evidence will be destroyed, the officer does not need warrant before seizure of evidence occurs.
Hornblower vs. State
Officer cannot create exigent circumstance.
*Waiting outside on porch of known drug dealer’s house & hearing toilet flush after knocking on door & saying POLICE.”
Fresh Pursuit
Allows officer to enter residence while chasing a suspect.
- Probably will commit serious crime.
- Immediate or continuous pursuit
- PC that suspect is in the premise being entered w/o warrant.
* Any contraband/evidence in plain view can be used in court.
Emergency Scene
Officers may make a warrantless entry in order to ensure their own safety or that of the public. Must have an objectively reasonable basis to believe somebody is in danger.
Seibert vs. State
Officers were justified in entering house because they had objective reason to believe subject was going to commit suicide. Once within the house, discovered murder victim while securing subject to prevent his suicide.
Crime Scene Search
AKA “protective sweep” make sure no more victims & that the assailant is gone, to search crime scene any further would require warrant or valid exception.
Probable Cause Not Required
- Consent
- Inventory
- Administrative searches
- Incident to arrest.
Consent Given Search
Doesn’t require PC, reasonable suspicion, or even mere suspicion.
- If consent is known & voluntary & person giving consent has the authority to do so, then search is valid and any evidence found can be used in court.
- Reasonable person would feel he/she could refuse request for search.
Implies Consent to Search
Airline passengers, attending sporting event, search before entering courthouse etc.
3rd Party Consent
Search may be valid if 3rd party has mutual access to area being searched.
*Roommate in different room cannot give consent to search other roommate’s room.
Juvenile Consent Search
Consent of parent will generally overrule objection from child.
Child may provide consent to parent’s house if parent is not home to grant or deny consent.
Inventory
Not designed to search for evidence, but to protect arrested person & to protect officer of theft acquisitions. Can only be completed if the vehicle is impounded, must occur at same time as impoundment.
- Vehicle may be parked, locked, & left at scene of arrest if it can be done safely.
- Vehicle may be turned over to friend/family if available.
- Vehicle may be impounded.
Impound
Placing vehicle/personal property in custody of police or the court.
Administrative Searches
Schools, govt officers, certain licensed businesses, parole/probation.
*Desk, lockers, & vehicles.
Incident to Arrest
Once lawfully arrested & taken into custody he/she may be searched w/o warrant. “Admission to Jail”
- Supreme Court rationals:*
1. Need to disarm suspect in order to take into custody.
2. Need to preserve evidence for later use at trial.
*Must be custodial arrest; not for traffic citation or NTA.
Chimel vs. California
Scope of search incident to arrest is arrestee’s person & areas “within immediate control of arrestee” at time of arrest.
Thornton vs. US
Search incident to arrest may include vehicle in which arrested person was a passenger just before the arrest.
New York vs. Belton
Scope of vehicle search incident to arrest includes entire passenger compartment & all containers located therin, locked/unlocked.
*Trunk not considered passenger compartment, but the rear area of van/SUV is included in the search area.
Arizona vs. Gant
Further refined scope of search incident to arrest. Officers may only search passenger compartment when arrestee is unsecured and passenger compartment is within reaching distance.
Scope of Search
Limited to items being searched; once item is found the search is to end immediately unless PC for other specific items.
Forfeiture
Civil proceeding in which the law enforcement transfers ownership from defendant to govt. Govt then may sell property at auction, LEO purposes or give to public/nonprofit organization.
- Must have PC to seize property because it’s a “deprivation of property” 4th Amendment issue.
- Florida Contraband Forfeiture Act
Baker Act Weapon Authorization
Involuntary exam under Baker Act to seize & hold any firearms/ammo the person possesses if a danger to self or others & has made credible threat of violence.
16 Lawful Firearms Possession
- Members of Military when training for mobilization.
- Armed forces when on duty or preparing for duty.
- Carrying out emergecy mgmt duties under CH 252.
- LEO’s while carrying out offical duties.
- Officers of state authorized to carry concealed weapon.
- Guard/Common Carriers while carrying out duty. *Brinks
- Organized clubs; trap shooters, gun collectors, exhibits.
- Person engaged in hunting/fishing or returning from.
- Any person in business of repair or dealing firearms.
- Person firing weapons for testing/target practice.
- Person firing weapon in safe/secure indoor range.
- Person traveling by private conveyance w/weapon properly secured. *Not in manual possession.
- Carrying pistol in secure wrapper, “after purchase.”
- Person possessing arms at home/business.
- Investigator employed by public defenders, while carrying out duty.
- Investigators employe by capital collateral regional counsel, while carrying out official duties.
Can’t Carry Firearm where?
Police station, courthouse, detention facility, courtroom, polling place, meeting of governing body, school/college, career center, bar, airport.
Readily Accessible for Immediate Use
Carried on person or within close proximity & in such a manner that it can be retrieved & used as easily & quickly as if carried on the person.
Securely Encased
In glove compartment, snapped in holster, in a gun case, closed box or container. *May/may not be locked.
CWFL requirement
- Not required to tell LEO they have license or weapon.
2. Must carry license w/valid ID if in possession of weapon upon demand of LEO.
FCIC
Gives access to verify license of CWFL.
Reciprocity
Allows officers to recognize other state’s CWFL as long as state in question accepts Florida’s.
Arrest
Depriving a person of his/her liberty & legal authority.
Types of Arrest
- Arrest w/ warrant.
2. Arrest w.o warrant.
Steagold vs. US
Authorizes LEO officers to enter the residence of a wanted person in order to make an arrest.
Probable Arrest w/o Warrant Circumstances
- Committed felony/misdemeanor in presence of LEO.
- Committed felony outside of LEO presence, has PC to believe that person committed it.
- Warrant for arrest held by another LEO/agency.
- No arrest for misdemeanor not in presence, unless carrying firearm in violation of injunction, battery, retail theft, traffic offense related to crash (DUI), unlicensed carrying of concealed weapon, disorderly conduct, theft from dining establishment, trespass on school grounds, possession of canabis <20 grams, stalking, transit fare evasion, criminal mischief, certain property trespass, domestic violence act, violation of protection injunction, sexual cyberharassment.
Probable Cause Choice for LEO
- Terminate encounter
- Issue NTA
- Physically take suspect into custody.
Notice to Appear
Written order that may be issued by LEO in lieu of physical arrest requiring person accused to appear in court at a specific date & time.
Can’t Be Issued NTA
- Fails to identify him/herself.
- Refused to sign NTA.
- Unreasonable risk of injury to others.
- No ties w/jurisdiction. (Out of State violation)
- Accused may be wanted in any jurisdiction.
- Previously failed to appear at NTA, violated pretrial release.
Probable Cause Affidavit
AKA arrest affidavit, is a sworn, written statement by a LEO establishing facts/circumstances to justify an arrest.
*Used by judge to justify if sufficient PC to detain individual.
Fresh Pursuit
Legal doctrine that permits LEO to make an arrest of fleeing suspect crossing jurisdictional lines.
Requirements:
- Must have occurred within pursuing officer’s jurisdictional boundaries.
- Pursuit must be continuous.
- Commission of offense & pursuit within related time.
- Must take suspect before a trial judge in jurisdiction where arrest occurred,
Graham vs. Connor
U.S. Supreme Court held that all LEO use of force cases are to be judged by objective reasonableness (4th amendment)
1. Reasonable officer would use same force under same circumstances without benefit of hindsight.
Objective Reasonable Test
Not precise or clear rule; requires careful review of facts & circumstances of each case. severity, threat to LEO, whether person was actively resisting or attempting to flee.
- Was action reasonable & necessary?
- Was amount of force reasonable & necessary?
3 Conditions for Deadly Force w/ Fleeing Felon:
- When deadly force is necessary to prevent suspect from escaping after a warning has been given.
- When officer reasonably believes fleeing felon poses threat of death/physical harm to LEO or others.
- When fleeing felon has committed a crime involving infliction or threatened infliction of serious harm to another person.
Tennessee vs. Garner
U.S. Supreme Court struck down state law that allowed LEO’s to use whatever force necessary to stop fleeing felon.
- Used objective reasonableness, court found statute unconstitutional & set forth new guidelines deadly force.
- LEO now required to use less than deadly force to resolve deadly force situation.
Deadly Force
Any force likely to cause death or great bodily harm.
*Shooting at a fleeing motorist constitutes deadly force.
Terry Stop
LEO’s authorized to use reasonable & necessary force to affect an investigative detention.
Miranda vs. Arizona
Whenever LEO questions suspect in custody, officer must advise the person of constitutional rights.
- Include right to remain silent, right to have attorney present during questioning.
- If not Mirandized, any statement/admission is inadmissible.
Miranda Elements
- Custody
- Interrogation
- Understanding
- Voluntary Waiving
Custody
Person is deprived of freedom to leave.
*Terry Stops & Field sobriety not considered custody.
- What were facts/circumstances surrounding interrogation?
- Would reasonable person feel like they couldn’t terminate interrogation & leave. *Thomas vs. Keohane
Stansbury vs. California
Reasonable person would not feel as if they were free to leave. Then person is in custody and must have Miranda Warnings read.
Ramirez vs. State
Determination of whether a reasonable person in suspect’s position would consider himself in custody for purposes of Miranda requires consideration of the manner in which the police summoned the suspect for questioning; purpose, place, manner of custodial interrogation, extent to which suspect is confronted w/ evidence of guilt; whether suspect is informed that he is free to leave place of questioning.
Interrogation Elements
- Direct- “did you shoot the victim?”
- Indirect- officer making comments that could elicit incriminating statement *Rhode Island vs. Innis & Brewer vs. Williams.
Spontaneous Statement
Admissible even if officer does not advise suspect of Miranda Rights. May allow suspect to continue talking but may not ask any questions w/o giving Miranda warnings.
Understanding
Must ensure that the defendant understands his/her rights, taking into account once identified concerns relating to age, origin, education, circumstance of advising of rights, mental/physical disability, whether defendant is under influence of intoxicating substance.
Waiver of Rights
Waiver ensures that the suspect understands his/her rights & will speak with the officer. Written waiver is preferred but a waiver can be verbally given.
*May not coerce or make promises to obtain confession.
Invocation of Rights
If suspect makes a clear request to invoke any of his/her rights under Miranda, all questions must cease immediately.
*If requesting attorney, no further questioning is allowed.
Maryland vs. Shatzer
*May reinitiate contact after 14 day break in police custody; must Mirandize again.
Corpus Delicti
Body of the offense.
*Officer must determine whether elements of a criminal act are present & have probable cause to believe that the person to be charged committed the crime.
Criminal Offense
Requires person to take some physical action or act toward committing the act or omission did so knowingly or intentionally.
- Mere thoughts don’t constitute criminal liability.
- Person may commit criminal act by failing to act, by omission. *LEO ignoring assault.
Intent
Purposely doing what the law declares to be a crime, whether the person’s purpose was to commit the crime or to meet its outcome.
- General
- Specific
- Transferred
- Criminal Negligence
General Intent
Most criminal offense & requires some forbidden act by offender. Bodily movement must be voluntary; movement then becomes act to commit the criminal offense.
*Battery
Specific Intent
Requires an expectation of a particular result, which requires heightened mental state.
- Must be proven that the suspect intentionally committed the act w/particular purpose or desire in mind.
- Hate crime-> battery on specific ethnic individual
Transferred Intent
When intentional act harms an unintended second victim.
- Shooting at one person, missing, then injuring another.
- Charged based upon theory of transferred intent.
Criminal Negligence
Criminal liability on defendants when they did not intend for a behavior to cause resulting harm.
*Vehicular homicide
Negligence
Failure to use due or reasonable care in a situation that may result in harm to another.
Culpable Negligence
Consciously doing an act that person knew or should have known was likely to cause death or great bodily injury.
Black Law Dictionary for Crime
Act that the law makes punishable.
Theft 812.014
Misdemeanor/Felony $750 Felony Mark
- Knowingly & unlawfully obtained/used or endeavored to obtain or use property of another.
- Did so w/intent temporarily/permanently, to deprive victim of right to property or benefit from it, or appropriate property of the victim to his/her use or to the use of any person not entitled to it.
Retail Theft 812.015
Misdemeanor/Felony
1. Took possession of or carried away merchandise.
2. Altered/removed label or price tag from merchandise.
3. Transferred merchandise from one container to another.
4. Removed shopping cart from merchant’s premises.
*$100-$750 but taken from a DWELLING=Felony
Over $750= Grand Theft
Petit Theft Enhancers
- Person who commits petit theft & was previously charged any theft receives a misdemeanor.
- Person with 2+ previous petit theft charges receives a felony.
Felony Theft 812
- Will or other testamentary instrument
- Firearm
- Motor Vehicle *IE-. Grand Theft Auto
- Commercially farmed animal
- Aquaculture species
- Fire extinguisher; in compliance for safety etc.
- Commercial farming
- Construction property from posted site.
- Controlle substance
- Property, Funds, Assets from 65+ years old (Elderly exploitation)
- Anhydrous Ammonia
Robbery 812.13
Felony
4 Elements for Conviction
1. Took money/property from person or custody of another
2. Force, violence, fear in course of taking.
3. Property taken w/significant value
4. Taking w/intent to deprive victim of right to property or appropriate the property of the victim to defendant’s use of any person not entitled to it.
Theft vs. Robbery
Robbery involves use of force against a person.
Robbery by Sudden Snatching 812.131
Felony
- Defendant took money or property from the victim.
- Property taken was of some value.
- Taking was w/intent to permanently or temporarily deprive victim or owner of money/property of his/her right to property.
- Victim became aware of the taking in course of taking.
Carjacking 812.133
Felony
- Took motor vehicle from person/custody of victim.
- Force, violence, assault, use of fear used in course of taking.
- Taking w/intent to permanently/temporarily deprive the victim of his/her right to vehicle & any benefit from it or to appropriate motor vehicle of the victim for the defendant;’s own use or to the use of any person not entitled to it.
Home Invasion Robbery 812.135
Felony
- Entered the dwelling of the victim.
- At the time that the defendant entered the dwelling, he/she intended to commit robbery.
- While inside the dwelling, offender did commit robbery.
Dwelling
Building/conveyance of any kind.
*Porch, whether such building/conveyance is temporary or permanent, mobile/immobile, has a roof over it and designed for lodging of people therein at night.
Trespass-In Structure or Conveyance 810.08
Felony/Misdemeanor
- Defendant willfully entered or remained in structure/conveyance.
- Structure or conveyance was in lawful possession of another.
- Remained in structure w/o authorization, license, invitation by specified person or another person authorized to give permission.
- It is lawful to enter/remain in structure/conveyance of another if, under all circumstances, a reasonable person would believe they had permission of the owner/occupant.
- If defendant is armed w/firearm or dangerous weapon while in structure, the trespass ENHANCES to felony.
Trespass After Warning to Depart
- Defendant had been unauthorized, licensed, or invited to enter/remain in structure/conveyance.
- Owner, lessee, authorized person of premises warned defendant to depart.
- Defendant refused to depart.
Structure
Building of any kind, temporary/permanent which has roof over it together w/ curtilage thereof.
Conveyance
any motor vehicle, ship, vessel, railroad vehicle, trailer, aircraft, sleeping car; & to “enter a conveyance” includes taking apart any portion of the conveyance.
Willfully
Intentionally, knowingly, purposely.
Trespass; Property other than Structure/Conveyance 810.09
Misdemeanor/Felony
1. Defendant willfully entered upon/remained in the property.
2. Property owned by or in lawful possession of owner, lessee, other authorized person.
Notice against entering/remaining was given by actual communication via posting, fencing, cultivation of property in manner described; property was unenclosed curtilage of a dwelling & defendant entered/remained w/intent o commit a crime thereon other than trespass.
4. Defendant’s entering/remaining on property was w/o authorization, license, invitation from the person alleged or any person authorized to give that permission.
- Trespassing is generally a misdemeanor; certain aggravating facts can enhance the offense to FELONY..
Burglary 810.02
Felony
- Defendant entered structure/conveyance owned by or in the possession of the victim.
- Upon entering, defendant had the intent to commit the crime that is listed in the charge in that structure/conveyance.
- Was not licensed or invited to enter structure/conveyance or the premises were not open to the public at time of entering.
*Involves entry into some place w/o permission to enter in order to commit crime therein.
*Can be charged in addition to underlying crime such as theft or assault.
Burglary involving ASSAULT, BATTERY, WEAPON, EXPLOSIVE DEVICE or entering into a dwelling, OCCUPIED structure or conveyance carries a greater penalty.
Possession of Burglary Tools 810.06
Felony
- Defendant intended to commit burglary or trespass.
- Defendant had in possession a tool, machine, or implement that he/she intended to use or allow to be used in the commission of burglary/trespass.
- Committed some overt act towards the commission of a burglary/trespass.
Loitering/Prowling 856.021
Misdemeanor
- Loitered or prowled in place at a time or in a manner not usual for law abiding individuals.
- Such loitering/prowling was under circumstances that warranted justifiable & reasonable alarm or immediate concern for the safety of person/property in vicinity.
Assault 784.011
Misdemeanor
- Intentional & unlawful threatening, either by word or act to do violence to the victim.
- At the time, defendant appeared to have the ability to carry out the crime.
- Act of defendant created in the mind of the victim a well-founded fear that the violence was about to take place.
*Penalty enhanced when assault is perpetrated on LEO or firefighter.
Aggravated Assault 784.021
Felony
- Intentional & unlawful threatening, either by word or act to do violence to the victim.
- At the time, defendant appeared to have the ability to carry out the crime.
- Act of defendant created in the mind of the victim a well-founded fear that the violence was about to take place.
- Assault was made w/deadly weapon or the assault was made w/fully formed conscious intent to commit felony charged upon the victim.
*Penalty enhanced when assault is perpetrated on LEO or firefighter.
Battery
Misdemeanor/Felony
- Defendant intentionally touched or struck the victim against the victim’s will.
- Defendant intentionally caused bodily harm to the victim.
- Person w/PRIOR for battery, aggravated battery, or felony battery & commits a 2nd or subsequent battery will be sentenced w/ FELONY OF 3RD DEGREE.
- Penalty enhanced when battery is perpetrated on LEO or firefighter.
Felony Battery 784.041
Felony
- Defendant intentionally touched or struck the victim against the victim’s will.
- Defendant intentionally caused great bodily harm, permanent disability or permanent disfigurement to the victim.
Aggravated Battery 784.045
Felony
1. Defendant intentionally touched or struck the victim against the victim’s will or intentionally caused bodily harm to the victim.
2. Defendant while in the committing of battery
A. Intentionally caused great bodily harm, permanent disability or permanent disfigurement to the victim.
B. Used deadly weapon.
C. Knew or should have known that the victim was pregnant & the victim was pregnant at time. 3-5 months+
*Penalty enhanced when battery is perpetrated on LEO or firefighter.
Domestic Violence 741.28 (2)
Enhancement added to charge-> battery (domestic violence) or aggravated battery (domestic violence)
Any asault, agg assault, battery, agg battery, sexual assault, sexual battery, stalking, agg stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of one family member or household member by another.
Family/Household Member
- Person related by blood or marriage.
- Presently residing together, or have in the past.
- Parents of child whether or not married.
Domestic Battery by Strangulation 784.041
Felony
1. Defendant knowingly & intentionally impeded normal breathing/circulation of blood of victim against will by applying pressure on throat, neck or blocking nose/mouth of victim.
Criminal Homicide Classifications
ALL criminal homicides are FELONIES.
Murder, felony murder, manslaughter, aggravated manslaughter, vehicular homicide, DUI manslaughter.
Breach Of Peace/Disorderly Conduct 877.03
Misdemeanor
- Committed act & such act was of nature to corrupt the public morals.
- Engaged in brawling/fighting.
- Outraged sense of public decency.
- Affected peace &quiet of people who witnessed it.
- Breach of peace or disorderly conduct.
Disorderly Intoxication 856.011
Misdemeanor
- Defendant was intoxicated & endangered safety of another person/property.
- Intoxicated or drank any alcoholic beverage in a public place or in or upon public conveyance & caused public disturbance.
Open House Party 856.015
Misdemeanor
- Defendant was 18 yrs+
- In control of residence.
- Knowingly allowed open house party at residence.
- Minor possessed or consumed drug/alcoholic beverage during party.
- Knew minor possessed/consumed drug or alcohol during open house party.
- Failed to take reasonable steps to prevent possession or consumption of alcohol/drug by minor during party.
Enhancing penalties if violation contributes to serious bodily harm or death to minor; or if minor causes serous bodily harm/death from consumption of drug/alcohol.
Serving Alcohol to Minor 562.11
Misdemeanor
- Sold, gave, served, permitted service of alcohol to person under the age of 21.
- At the time, named person was under 21.
Possession of Alcohol by Minor 562.111
Misdemeanor
- Defendant had in his/her possession an alcoholic beverage.
- At the time of possession, defendant was less than 21 yrs old.
Tobacco Possession younger than 18 yrs 569.11
Noncriminal Infraction
- Defendant knowingly possessed tobacco product.
- Defendant at the time was under 18 years of age & knowingly possessed a tobacco product.
Furnishing/Selling Tobacco <18 years old 569.101
Misdemeanor
- Defendant sold, delivered, bartered, furnished or gave tobacco product.
- The person to whom the defendant sold, delivered, gave tobacco product was <18 years old.
Drug Offense; sale, purchase, manufacture, delivery, or possession w/intent. 893.13
Felony/Misdemeanor
- Sold, purchased, manufactured, delivered, or possess w/intent to sell, manufacture, deliver, or purchase certain substance.
- Substance was specific substance alleged.
- Defendant had knowledge of presence of substance.
* Certain drugs/chemicals are known as controlled substances. “specific alleged” is a controlled substance.
Manufacture
Production, preparation, packaging, labeling, cultivation, of controlled substance directly/indirectly.
Deliver
actual, constructive, attempted transfer from one person to another of controlled substance, whether or not there is a relationship.
Sell
transfer or deliver something to other person in exchange for $/something of value. Promise $ or something of value.
Drug Abuse “S, P, M, D in specific place 893.13
Felony
- Sold, manufactured, delivered or possessed w/intent to sell, manufacture or deliver certain substance.
- Act occurred within 1,000 feet of child care facility, 6am-midnight, park, community center, college, church, public housing/assisted living facility.
- Substance was specific substance alleged.
- Had knowledge of the presence of the substance.
Drug Abuse; Possession 893.16 (6) (a, b, d)
Felony/Misdemeanor
- Had knowledge of the presence of substance.
- Exercised control/ownership over that substance.
- Substance was specific substance alleged. <20 grams of cannabis or possession of controlled substance.
Drug Trafficking 893.135
Felony/Capital Felony
- Possessed, sold, purchased, manufactured, delivered, or brought a controlled substance into Florida.
- Substance was specific substance alleged.
- Weighed or exceeded specific amount for substance.
*Cannabis, cocaine, opium, amphetamine, fentanyl, any other illegal chemical compound/derivative of these drugs.
Felony vs. Capital Felony
Depends upon amount the violator possesses.
Trafficking
Knowingly selling, possessing, manufacturing, delivering or bringing illegal substance into Florida.
*Within constructive possession.
Drug Paraphernelia 893.147
Misdemeanor
- Knew of presence of drug paraphernalia.
- Possession of drug paraphernalia w/intent to ingest, inhale into the human body. Propagate, cultivate, conceal controlled substance.
Resisting Officer w/o Violence 843.02
Misdemeanor
- Defendant resisted, obstructed, or opposed the officer.
- Officer was engaged in execution of legal/lawful duty.
- At the time, officer or legally authorized person to execute process.
- Defendant knew the victim was officer or person legally authorized to execute process.
Resisting Officer w/Violence 843.01
Felony
- Defendant knowingly/willingly resisted, obstructed, opposed the Officer by threatening violence to him/her.
- At the time, Officer was engaged in execution of legal process/duty.
- Victim was officer/legally authorized person to execute process.
- Defendant knew victim was officer/legally authorized person to execute process.
Terrorism 775.30
Felony/Life Felony
- Defendant committed violent act, act dangerous to human life which violates criminal law.
- Act was intended to intimidate, injure, coerce civilian population, influence govt policy.
- Assassination, murder, kidnapping, aircraft piracy.
- Violation of this section that results in death/serious injury enhances crime to life felony.
Agroterrorism 775.35
Defendant intentionally disseminated/spread contagious, communicable, infectious disease among crops, poultry, livestock, or other animal.
*Enhanced to life felony if death/serious injury occur.
Written Threats to Kill, Injury/Mass Shooting 836.10
Felony; must prove AT least one of the following:
- Composed any letter, inscribed communication w/ threat to kill or cause harm to victim/family.
- Posted/transmitted a threat in writing/record that in any manner, would allow another person to view the threat. *Post on social media
Stalking 784.048
Misdemeanor
- Stalking: unwanted/repeated attention by defendant toward victim, family, or individual close to victim.
- Harass: engage in course of conduct directed at specific person which causes emotional distress w/no legit purpose.
- Cyberstalk: course of conduct to communicate words, images, language via electronic mail/device. Directed at specific person which causes emotional distress w/ no legit person.
Aggravated Stalking 784.048
Felony
- Defendant willfully, maliciously, repeatedly followed, harassed, or cyberstalked the victim.
- Defendant made credible threat to victim.
Maliciously
- Wrongfully, intentionally, w/o legal justification or excuse & w/ knowledge that injury/damage will be caused to another person or property of another person.
Aggravated Stalking (Injunction) 784.048
Felony
- Defendant knowingly, willfully, maliciously, repeatedly, harassed/cyberstalked the victim.
- At the time offense an injunction for protection against repeat, sexual, dating, domestic violence had been imposed regarding conduct toward victim/victim’s property.
Aggravated Stalking (under 16 years of age) 784.048
Felony
- Defendant willfully, maliciously, repeatedly followed harassed or cyberstalked.
- At the time of offense, victim was under 16 yrs of age.
Sexual Cyberharassment 784.049
Misdemeanor/Felony
- Defendant willfully & maliciously sexually cyberharassed victim.
* Prior conviction w/ second offense of sexual cyberharassment commits 3RD DEGREE FELONY.
Sexual Battery 794.011
Felony
*Oral, anal, vaginal penetration with sexual organs by union or other object. CAN’T be Gynecologist
Consent
Intelligent, knowing, & voluntary consent doesn’t include coerced submission.
Sexual Battery Factors
*Victim’s age, Offender’s age, consent, injury to victim, type of threat to victim, whether victim was drugged, physically incapacitated, mentally defective (retarded) in custody of LEO, CO, or PO.
Exposure of Sexual Organ 800.03
Misdemeanor
- Exposed/exhibited his/her sexual organs or was naked.
- Exposed sexual organs/naked in public on private premises or seen from private premises.
- Intended to expose/exhibit sexual organs/nakedness to be in vulgar, indecent, lewd or lascivious manner.
- Exposure/exhibition of sexual organs/nakedness in a vulgar, indecent, lewd, lascivious manner.
Unnatural & Lascivious Acts 800.02
Misdemeanor
- Committed specific act w/named person.
- Act was unnatural & lascivious.
Unnatural
Not in accordance w/nature or normal feelings/behavior.
Lascivious
Wicked, lustful; Not vulgar, indecent, lewd or lascivious unless acts cause offense to 1 or more persons.
*Intrudes upon rights of others.
Prostitution 796.07
Misdemeanor/Felony
*Giving/receiving of the body for sexual activity for hire.
Sexual Activity
Oral, anal, vaginal penetration by union or w/ sexual organs of another.
*Medical purposes are excluded.
Lewd & Lascivious Offense in Presence of <16 800.04
Felony
*No single charge for lascivious act committed in presence of <16 minor but charge more so depends on age of victim & age of offender as well as conduct of offense.
Lewd Battery
Engaging in sexual activity/forcing with sadomasochistic abuse, bestiality, prostitution or other act of sexual activity.
Lewd Molestation
Intentional touching in lewd manner breasts, buttocks, genitals, genital area or clothing covering them or forcing person to touch the perpetrator.
Lewd Conduct
Intentionally touching person in lewd manner, soliciting person to commit lewd act.
Lewd Exhibition
Intentionally masturbating, exposing in lewd manner that does not make physical/sexual contact w/the victim.
Voyeurism 810.14
Misdemeanor/Felony
*Defendant had lewd, lascivious, indecent intent w/victim.
- Observed victim secretly while inside of dwelling. “violated reasonable expectation of privacy.
- Observed victim’ intimate areas in which victim had reasonable expectation of privacy. “portion of victim’s body or undergarment that was covered by clothing and intended to be protected from public view.
Penalty enhances to Felony if it was offender’s 2nd offense.
Gambling 849.08
Misdemeanor/Felony
- Played or engaged in game of chance by conduct alleged in the charge.
- Risked money/property on outcome of game.
- Expected to gain/lose money/property as result of game.
- Money/property risked by defendant didn’t belong to offender.
- Exceptions- penny ante card game, lottery, licensed Bingo establishment.
Unlicensed Carrying of Concealed Weapon 790.01
Misdemeanor/Felony
- Defendant was not licensed under 790.06
- Knowingly carried on person a firearm, weapon, electronic weapon/device.
- Device/weapon concealed from ordinary sight of another person.
*Exception- carrying during emergency evacuation. (48hrs)
Criminal Mischief 806.13
Misdemeanor/Felony
- Defendant injured or damaged real/personal property.
- Property injured/damaged belonged to person alleged.
- Injury was done willfully & maliciously.
- Misdemeanor- loss of less than $1,000
- Felony- value is $1,000 or more, or previously convicted.
Fraudulent Use of Credit Card 817, 61
Felony/Misdemeanor
- Defendant used credit card unlawfully obtained or retained which he/she knew to be forged and presented under pretense that the actual authorized card hold.
- Used credit card w/intent to defraud a person or organization providing money, goods, services, anything of value.
- Used credit card to obtain money, goods, services, or anything else.
Use of Scanning Device/Re Encoder 817.625
Felony
- Used device/encoder to access, read, memorize information encoded on card
- Did so w/o permission of authorized user & w/ intent to defraud the authorized user, issuer of the payment card or merchant.
Criminal Use of ID 817.568
Felony
- Willfully & fraudulently used or possessed w/intent to fraudulently use personal ID information of the victim.
* Name, postal, social security, biometric data (fingerprint), medical records, telecommunication identifying access device, information used to access financial resources.
Penalty Enhancement: Age of victim, living victim, relationship to the victim.
Forgery 831.01
Felony “Writing”
- Falsely made, altered, forged, counterfeited a document in the charge.
- Intended to injure or defraud some person or firm.
*Not necessary that defendant intended to use document or profit from its use. Sufficient if person would use it to injure or defraud.
Personal ID Information
a name or # that may be used, alone or in conjunction w/any other information to identify specific person.
Uttering Forged Instrument 831.02
Felony “Using”
- Passed or offered to pass as true document describe in charge.
- Knew the document described in the charge to be false, altered, forged or counterfeited.
- Intended to injure or defraud some person or firm.
Giving Worthless Check 832.05
Misdemeanor/Felony
- drew, made, uttered, issued, or delivered check admitted in evidence.
- Not sufficient money on deposit in bank to pay the check.
- Knew when he/she wrote that check that he or she did not have sufficient money on deposit w/bank.
- Knew he/she had no arrangement/understanding w/the bank for the payment of the check when it was presented.
- Less than $150 merits Misdemeanor
- More than $150 merits a Felony.
Worthless check defenses
- Payee or holder knew that defendant funds & credit at the bank at the time check was given were insufficient to pay.
- Payee/holder had good reason to believe defendant’s funds & credit at the bank at time the check was given were insufficient to pay check.
- The check was post-dated.
Elder/Disabled Abuse 825.102
Felony
1. Knowingly or willfully abused victim by:
A. Intentionally inflicting physical/psych harm to victim.
B. Intentional act could reasonably be expected to result in psych/physical harm to victim.
C. Encouraging another person to commit a act that resulted in or could reasonably be expected to result in physical/psych injury to the victim.
Elderly Person
Person 60 yrs or older suffering from infirmities of aging as manifested by advanced age or organic brain damage, other physical, mental, emotional dysfunction to extent that the ability of the person to provide adequately for person’s own care or protection is impaired.
Disabled Adult
18 yrs or older who suffers from physical mental incapacitation due to a developmental disability, organic brain damage or mental illness or has 1 or more physical/mental limitation that restrict ability to perform normal activities of daily living.
Child Abuse 827.03
Felony
1: Defendant committed @ least one of the following.
A. Intentionally inflicted physical/mental injury to victim.
B. Committed intentional act that could reasonably be expected to result in physical/mental injury to victim.
C. Actively encouraged another person to commit and act that reasonable have been expected to result in physical/mental injury to victim.
- Victim was under the age of 18.
* Leaving newborn infant at hospital. EMS station or fire station w/o intent to return does not constitute crime.
False Imprisonment 787.02
Felony
- Forcibly, by threat, or secretly confined, abducted, imprisoned, restrained victim against will.
- Defendant had no lawful authority to do so.
*Confinement of child <13yrs against child’s will if such confinement is w/o parental/guardian consent.
Kidnapping 787.01
Felony
- Forcibly, secretly, or by threat confined, abducted, or imprisoned victim against will.
- Defendant has no lawful authority to do so.
*3. Defendant acted w/intent to
A. hold victim for ransom/reward or as shield hostage.
B. Commit or facilitate commission of applicable felony.
C. Inflict bodily harm upon to or terrorize victim or another person.
D. Interfere w/performance of govt/political function.
Luring/Enticing Child 787.025
Misdemeanor/Felony
- A person 18 years or older-> Misdemeanor
- W/ previous conviction-> Felony
- Intentionally lures, entices or attempts.
- Child under 12 years of age
- Into a structure, dwelling, conveyance, other than lawful purpose.
Human Trafficking 787.06
Felony
1. Defendant knowingly or in reckless disregard of the facts engaged in human trafficking, attempted or benefitted financially by receiving something of value from participation in a venture that subjected person to human trafficking.
Enhanced Charges if great bodily harm, permanent disability, disfigurement to victim results of the offense.
Human Trafficking
Transporting, soliciting, recruiting, harboring, enticing, maintaining, or obtaining another person for purpose of exploitation.
Human Smuggling 787.06
Felony
- Defendant transported into Florida an individual.
- Knew or should have known individual did not authorize transportation to enter US legally.
*Separate offense for each individual transported into state as violation of this section.
Complainant
Person who reports a crime or alleges that a crime has been committed.
Witness
Person w/ information about some element of the crime or evidence/documents related to a crime.
Confidential Informant
Person who provides information in confidence about a crime, either from a sense of civic duty or in expectation of some personal benefit or advantage.
*Identity usually hidden until required by law.
Victim
Person or entity that suffers an injury as a result of the crime.
*Physical, loss of $, loss of property, damage to property.
Examples:
Physical- aggravated battery
Fraud- lost $
Property- criminal mischief
Victimless Crime
Victim is the state of Florida.
*Possession of a controlled substance
Suspect
Person believed to have committed a crime.
- May directly commit a criminal violation by contributing to crime in some other, more limited capacity.
- The way in which a person participated determines criminal responsibility.
Principal in 1st Degree 777.011
Defendant helped another person commit a crime.
- Bank robbery; all participants held to 1st degree principle
- Person does not have to be present when the crime is actually committed. -> ordering a hit/mastermind of plan.
Accessory 777.03
Person who aids or contributes in commission of a crime.
Accessory After Fact
Offender knows while giving assistance that the offender committed a felony, continually assists w/intent of helping offender avoid/escape detection, arrest, trial, punishment.
After the Fact Exceptions 777.03(1)(a)
Blood relative, married partner, parent, grandparent, child, grandchild, brother/sister.
*Can’t be charged unless 2nd degree Felony or greater, underlying crime is child abuse, intention to help offender avoid, escape, detection, arrest, trial & punishment.
Criminal Attempt 777.04(1)
Is an offense when either the person did some act toward committing the crime that went beyond just thinking/talking or person would have committed the crime except that somebody or something prevented them or person failed.
*Punishable the level of offense just below completion of crime.
Attempt Abandonment
Circumstances must show that the person completely & voluntarily gave up his/her criminal purpose.
Voluntary Abandonment
Not a defense to a crime when the suspect decides not to pursue the crime because of unforeseen difficulties in completing crime or when detection of criminal activity is imminent.
Solicitation 777.04(2)
- Solicited another to commit an offense prohibited by law.
- In order to carry out intent, defendant agreed, conspired, combined w/the person to cause be committed by either of them, one or by some person.
- Requires 2 or more parties w/criminal intent.
*Seriousness of crime sets penalty for solicitation. Punishment is level of offense just below completion of crime committed.
Mickenberg vs. State
If after conspiring w/1 or more people to commit a crime convinced one of them not to do so or prevented the commission of the crime in some other way, that person can use either action as a defense to charge of criminal conspiracy.
Exculpatory Evidence
Evidence that may point to a suspect’s innocence.
Alibi
Suspect’s claim that he/she was not present when alleged crime was committed.
Mistake or Ignorance of Fact
When the accused does not have mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to circumstances.
- Taking identical luggage by accident, only becomes criminal if wrong taker doesn’t return luggage or removes items from luggage for personal benefit.
- Individual possessing a controlled substance assumes knowledge of illicit nature of substance.
Duress or Coercion
Person who faces threat from another and commits a criminal act in response.
1. Person must believe that the only way to avoid death/great bodily harm to self or 3rd party is to commit crime.
*Never a defense to an intentional homicide or the killing of an innocent 3rd party.
Use of Deadly Force
Only permitted to use deadly force if the person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm.
Stand Your Ground Law
Imminent fear of death or great bodily harm when there is unlawful & forceful entering into, attempted unlawful & forceful entering into, a removal from, or attempted removal from dwelling, residence, occupied vehicle.
*No duty to retreat when faced w/imminent harm.
Forcible Felonies
Treason, murder, manslaughter, sex battery, carjacking, home invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, discharging destructive device, or other felony w/imminent use of physical force or violence against any individual.
Self Defense 776.012
Justifiable use of force as reasonable & necessary to defend one’s self or another when face w/imminent threat of unlawful force.
*When right of self defense is applied to defense of another person, it is sometimes called defense of others.
Defense of Property
Authority to take reasonable steps, including use of force or threatening use of force to the extent that a person believes it is necessary to protect possessions from trespass or theft to stop these acts.
Criminal Prosecution
Arresting, detaining, custody, charging or prosecuting the defendant.
Entrapment
When LEO uses undue persuasion or fraudulent means to induce a person to commit a crime he/she would not have otherwise committed.
*Must admit to committing the crime to use as defense.
Insanity
Legally any mental disorder so severe that it prevents a person from having legal capacity & excuses the person from criminal/civil liability.
*Insanity after crime cannot be used as defense; has to be established throughout whole duration.
M’Naughten Rule
- Does not know nature of consequences of his/her act.
- Unable to distinguish right from wrong.
*Wheeler vs. State
Mental Incompetance
Criminal defendant will be judged on his/her ability to assist counsel by participating in criminal defense.
*Can be deemed incompetent & later regained competence; must later testify after regaining.
Statue of Limitations
Certain period of time elapsed since criminal act occurred.
- Prosecution must begin within 4 years after commission of 1st degree Felony, within 3 years for any other felony.
- Must begin within 2 years after 1st degree misdemeanor
- Within 1 year after commission of 2nd degree misdemeanor/noncriminal offense.
Consent as a Defense
Possible excuse against civil/criminal liability.
- Not held liable because acts in question were committed with victim’s consent & permission.
- If there is consent, there is no crime.
Who Cannot Consent
- Minor cannot consent to a sexual act.
* Age, mental illness, intoxication are not legally capable of reasonable judgment may not give consent.
Evidence
Anything that tends to prove or disprove existence of a fact.
*Evidence is allowed in court; proof is effect by that information.
Direct Evidence
Proves fact w/o interference or presumption & which if true in itself, conclusively establishes that fact.
*Speeding-. measurement devices & results.
Circumstantial/Indirect Evidence
Requires inference or presumption to establish a fact.
*Eyewitness testimony that the defendant entered victim’s house entered victim’s home around time of the crime.
Testimonial Evidence
Witness statements, tending to prove/disprove facts about the case. LEO, expert & other witnesses.
Documentary
Anything written or printed which is offered to prove/disprove facts pertaining to the case.
*Bank records, medical records, driver’s history.
Physical or Real Evidence
Refers to actual objects which may be offered to prove facts about a case.
- Drugs, clothing, gun, money.
- Crucial for prosecutor because it gives jury something to touch & take back to the jury while conducting deliberations.
Fruits of Crime
Objects obtained as a result of committing a crime.
*Stolen money from bank robbery.
Instrumentalities
Items used to commit a crime.
*Crowbar for burglary.
Evidence in Court
To prove or disprove of a crime.
Prove defendant committed said crime.
Used to support or undermine other evidence.
Offered to help determine appropriate sentence.
*In Florida enhanced sentencing can be applied to certain defendants because of previous criminal history.
Admissibility of Evidence
Legal requirements that must be met before a jury is allowed to see/hear about the evidence.
- Protect defendant’s constitutional rights
- Protect jurors from being misled/confused
- Expedite trial
Exclusionary Rule
Prohibits use of evidence obtained by LEO in violation of rules.
*No benefit to the case by conduction illegal search if jury will never hear about collected illegal evidence.
Hearsay
Statement other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of matter asserted.
Excited Utterance
Unplanned, spontaneous statements that occur during or after shocking event, suffered injury, & may be relied upon for truthfulness as long as LEO doesn’t ask specific questions to self incriminate.
Evidence Admissibility Requirements
- Relevant to case
- Obtained legally
- Preserved legally
- Chain of custody must be preserved.
Privileged Communication
Lawyer-client, journalist-source, husband-wife, therapist-patient, accountant-client, clergy-penitent, sexual assault counselor-victim, domestic violence advocate-victim.
- May be waived by voluntary disclosure.
- Auto crashes, Trade Secrets, Report about child abuse/neglect
Criminal Liability
Officer is found guilt of committing a crime and is sentenced to incarceration or other penalties
Civil Liability
Responsible for wrongful act or an omission that injures person, property & involves negligence.
*Normally payment of $ to victim or victim’s heirs.
Tort
Civil wrong in which action/inaction of person or entity violated rights of another person or entity.
- Intentional- battery/false imprisonment
- Unintentional- Negligence; driving carelessly
Negligence
- Duty to act w/care->*Officer hired to direct traffic at intersection has specific duty to direct traffic safely.
- Breach of duty to act- *Defendant unreasonably failed in the duty he/she was to perform.-> *not performing CPR.
- Causation or Proximate cause-> *Link between breach of duty.
- Damages-> Harm caused from breach of duty *Compensatory & Punitive
Compensatory Damage
Compensate for damage that plaintiff suffers.
- General- result from defendant’s direct action. “pain, suffering, discomfort, humiliation, emotional distress.
- Special- actually caused by the injury.
- Nominal- jury believes plaintiff’s rights were violated but insufficient proof of measurable financial harm.
Punitive Damage
Damages award because of recklessness, malice, or deceit. Intended to punish defendant for actions and warn others from doing the same act.
Civil Rights Violation
Unlawful interference w/fundamental rights of another person.
*Due process & equal protection under the law.
LEO violation can result in civil liability or criminal prosecution.
*1 year-life or death penalty; depending on crime or injury.
Color of Law
Officers acts or purports to act in the performance of official duties under any law, ordinance, regulation.
*FBI investigation if violated a federal law. -> death due to police beating.
Double Jeopardy Bar
Prosecution can be conducted both state & federally since the two are separate sovereigns.
Liability of Police Officer Civilly
Being found criminal or civilly while doing LEO work. Agency cannot pay punitive damages; must be paid personally by the officer in question.
Agency Liability
Can be sued for tort committed by officer or violated civil rights.
*Sued via direct or vicarious liability
Direct Liabiltiy
When officer committed intentional or negligent tort in violation of employing agency’s orders/policies.
- Illegal use of force
- Problem employee, person unable to perform assigned duties, failure to adequately train employee.
Vicarious Liability
Occurs when one person or entity is held liable for the negligent actions of another person even though the 1st person or entity was not directly responsible for injury.
*Officer found guilty of sexual harassment even if agency was unaware of sexual harassment.
Civil Liability Acts
Unlawful arrest, unlawful search & seizure, excessive use of force, negligent vehicle operation, failing to provide appropriate 1st aid.
Omission
Neglecting to perform what the law or duty requires.
LEO Liabiltiy Protections
Qualified sovereign immunity, good faith, reasonable manner, justified acts, emergency doctrine.
Sovereign Immunity
Derived from common law idea that the king & agents cannot perform wrong.
- Provides list of circumstances & requirements that must be met before state, county, municipality, LEO agency, or any of its employees can be sued in state tort action.
- Must show more than mere negligence on part of officer or employee.
Acting within Scope of Employment
Range of reasonable & foreseeable activities that an employee does while carrying out employer’s business. If an employee acts outside scope of employment, employee may be held individually liable.
*Agency may pay legal fees who have been sued or charged, but not required.
Qualified Immunity
Protects govt officials from liability & civil damages insofar as conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
- Harlow vs. Fitzgerald
- Protects civil servants from fear of litigation in performing discretionary functions of law.
- Officer issues NTA to guy at bar, guy later returns and attacks bar owner. Not held liable because officer discretion.
Acts done in good faith
Acts done in good faith are without malice, ill will, or intent to intent to unjustly harm anyone.
Acts done in reasonable manner
Acting professionally within law & agency policies & procedures.
*Judged objectively by asking if reasonable officer in the same situation would have acted in same way.
Acts justified under law
Case law or statutory law provides defense for an officer’s actions.
*May use deadly force in self-defense or defense of another from a threat of death/serious physical injury.
Emergency Doctrine
Requires instinctive action, officer not required to use same degree of care as when there is time to reflect.
*Reckless disregard of others does not qualify as an appropriate response.
Limiting Liabilty
Following agency policy an attending all required trainings.
*Being aware of changes in legal/practice guidelines.
Florida Residential Landlord & Tenant Act
Governs most traditionally recognized rental arrangements for dwellings, such as apartments, town homes, duplexes, single family housing units, mobile home parks.
Recovery of Residence
Only way a landlord can legally recover possession of the leased residence w/o consent of the tenant is to file an eviction proceeding in county court where residence is located.
Writ of Possession
“Eviction” to be given to sheriff who is authorized to evict tenant and place landlord in possession of residence after prescribed amount of time.
Wrongful Eviction
Any eviction without a writ that causes removal of a tenant.
3 Residential Rental Facilities w/o RLTA
- Public lodging (Hotel/motel)
- Medical, geriatric, educational, counseling, religious or similar residency facilities.
- RV parks.
Default on Loan
Borrower fails to fulfill the contract as agreed, the creditor is entitled to take possession of the collateral.
Writ of Replevin
Creditor may go to court & obtain order entitling creditor to possession.
- Florida law allows creditor to take possession of collateral default w/o court order if it can be accomplished w/o breach of peace.
- Officer may not give legal advice to either borrower or the person or company repossessing the property.
Contractor/Recovery Agent Guidelines
- Possess class EE license.
- Prohibited from possessing firearm while on private property & in course of repo activities even if licensed to carry firearm.
- Must notify LEO’s within 2 hours after repossessing vehicle.
- May take vehicle from driveway without an objection.
- In the absence of a writ of replevin, any breach of peace stops a legal recovery.
Recovery Dispute
If vehicle has been attached to tow truck and is ready for transport or the recovery agent is behind the steering wheel, the recovery is complete.
Removal of Vehicle from Private Property
Owner may offer payment of reasonable service fee of nor more than 1/2 posted rate of towing removal cost.
- Must notify LEO authority within 30 minutes after completion of towing or removal.
- Noncompliance w/statutory requirements & limitations could result in administrative & criminal penalties.
Vehicle Retrieval from Tow Yards
If vehicle was not towed properly, administrative & criminal penalties may apply.
Repair Disputes
Permits vehicle owner who refuses to pay the repair bill to take possession of vehicle after posting bond w/court clerk.
*Repair shop refusing to release after posted bond is a misdemeanor.
Custody Disputes
Mother of child born out of wedock is natural guardian of the child & is entitled to primary residential care custody of the child, unless a court order states otherwise even if the father is known & acknowledges paternity.
No court ordered custody for married/unmarried parents
Fleeing jurisdiction w/child is punishable as 3rd degree felony.
Officers are to stay neutral & encourage legal counsel for visitation clarification.
*Doesn’t apply to parent who is victim of any domestic violence & believes act was to preserve child welfare.
Court ordered custody/married or unmarried parents
Taking child from parent w/custody is a felony of 3rd degree.
Stolen Propetry w/Pawnbroker
May place a hold order on the property, shall impose a holding period not to exceed 90 days unless extended by court order.
Child/Juvenile
Any person under the age of 18 or any person who is alleged to have committed violation of law occurring prior to the time that person reached the age of 18 yrs.
Juvenile Charges
Juvenile is charged equally as an adult for same committed crime.
*Juvenile system is more rehabilitation than punishment.
Juvenile within LEO Custody
Make take child into custody pursuant to a court oder or upon PC that child committed law violation.
- Required to make a good faith effort to notify parent, guardian, legal custodian when child is taken into custody.
- Continue to attempt until delivery of Department of Juvenile Justice.
- DJJ to conduct assessment to determine whether or not child will be detained.
- If released, the child is to be taken to parent/guardian unless officer suspects abandonment, neglect, abuse. Then the child is taken into custody.
Truant Child
If an officer has reasonable grounds to believe child is truant, the officer can pick the child up and deliver him/her to school system. R.A.S. vs. State.
Juvenile Felony
Requires agency to notify local school district.
- Child not to be placed in any vehicle w/arrested adult unless adult is from same offense.
- Traffic court must transfer juvenile charged w/felony to Juvenile Division of Circuit Court.
Juvenile Sex Offender 985.475
Juvenile who has bee found by the court to have committed a violation of sexual battery, prostitution, lewd or indecent exposure, sex performance of child, obscenity.
*May also be a juvenile who has committed any felony violation of the law or delinquent act involving juvenile sex abuse.
Juvenile Sexual Offender Behaviors
Ranges from non-contact sexual behavior (obscene phone calls, voyeurism, showing/taking lewd photos, direct sexual contact, fondling, rape, fellatio, sodomy, various other sexually aggressive acts.
Juvenile Custodial Interrogation Procedure
Questioning is same as adults, no requirement for parent’s consent before interrogating child.
- Miranda & waiver of rights will be scrutinized by court; B.M.B vs. State, Lee vs. State, State vs. Roman.
- Factors to be considered w/waiving rights would be age, marital status, education, intellectual level & experience in CJ system. J.D.B. vs. North Carolina
- Area layout for when they speak to juvenile, doors/gates open or closed, # number of people present.
- May only last for reasonable length of time, adequate notes of conversation, # of breaks given during interrogation.
Juvenile School Searches
Search & seizure apply the same for juveniles.
- School official has reasonable suspicion that prohibited or illegal substance is contained within a student’s locker.
- Search may not be done at direction/request of LEO w/o probable cause. M.E.J. vs. State & R.L vs. State
