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Independent > Legal > Flashcards

Legal Flashcards

1
Q

An arrest is not completed until:

A

It has been communicated to the person being arrested. (Chaney v. State)

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2
Q

Misdemeanor warrants are referred to as:

A

Bench Warrants.

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3
Q

Felony warrants are referred to as:

A

Alias Capias (AC) Warrants.

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4
Q

Juvenile warrants are referred to as:

A

Pick-up orders.

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5
Q

Domestic Violence is covered in (Florida Statute):

A

FS741

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6
Q

In Florida, probable cause is covered under which case?

A

Jenkins v. State

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7
Q

A police officer may make a warrantless arrest if: (3)

A
  • PC a felony has been committed.
  • PC a misdemeanor has been committed in the presence of the officer.
  • PC a misdemeanor has been committed concerning a statutory exception. (warrantless exception).
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8
Q

Warrantless arrests are covered in what Florida Statute?

A

FS901.15

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9
Q

An arrest for a felony or misdemeanor shall be made immediately or:

A

In fresh pursuit

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10
Q

Case law establishing Miranda Warning must be given prior to any questions being asked which would dispel the officer’s alarm:

A

Driscoll v. State

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11
Q

Detention under the “Stop and Frisk” law occurs under circumstances which:

A

would reasonably indicate a person has committed, is committing or is about to commit a violation of criminal law.

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12
Q

Florida law requires body-worn camera videos be retained for a period of:

A

At least 90 days.

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13
Q

Florida Statute 943.1718 exempts police body-worn cameras from:

A

Statutory prohibitions on interception of oral communications and are not required to obtain consent of all parties to the communications prior to records.

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14
Q

What case held an individual maintains a legitimate expectation of privacy in the records of his physical movements as captured through an individual’s cellphone?

A

Carpenter v. United States

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15
Q

What Federal law covers deprivation of civil rights?

A

Section 1983 of Title 42 US Code

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16
Q

What is Florida v. Jardinies?

A

Must obtain a warrant to use a drug-sniffing dog on the front porch of home.

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17
Q

What is U.S. v. Jones?

A

law enforcement cannot trespass on property of a vehicle to place a GPS tracker without a warrant.

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18
Q

What is Kyllo v. United States?

A

Surveillance of a home is a search where the Government uses a device (thermal imaging) that is not in the general public’s use to explore details of the home that would not previously have been unknowable without physical intrusion.

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19
Q

What is Rodriguez v. United States?

A

Holds that without reasonable suspicion, the Fourth Amendment prohibits police from prolonging a traffic stop to conduct a dog sniff.

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20
Q

What is Wallace v. State?

A

Defendant can only commit one count for resisting with or without violence can be charged even if several officers are involved in the same event.

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21
Q

What is DeJesus v. State?

A

Case governs “Afterthought” - if the jury finds that the taking of property occurred as an afterthought to the use of force/violence, the taking does not constitute robbery but may still constitute theft.

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22
Q

What is Smithson v. State?

A

Case governs “Fear” - If circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown.

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23
Q

What us Jacobs v. State?

A

Defines a dwelling as a building or conveyance (including porch) which has a roof and is designed to be occupied by people lodging therein at night. The enclosure need not be continuous and may have an opening for entering and exiting.

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24
Q

What is Blandin v. State?

A

Case held for Habitual Traffic Offender that even after five years, the driver was only “eligible to be relicensed” but relicensing was not automatic. Because the driver never petitioned to be relicensed, the driver license remained revoked.

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25
Q

What is Stovall v. Denno?

A

Case holds that if a witness or victim has been seriously injured and is hospitalized, an arrested subject may be brought to the hospital for identification purposes.

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26
Q

What is Ashford v. State?

A

Holds that Line-ups/Show-ups can be conducted up to four days after an event; However, most cases observation of the suspect should not be conducted more than four hours after the crime occurred.

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27
Q

What is Ashford v. State?

A

Holds the requirement that a suspect be allowed counsel present during an identification proceeding apply only if the suspect has been formally charged.

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28
Q

What is Simmons v. United States?

A

Photographic identification is allowable for use and is widely and effectively used.

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29
Q

What is Kirby v. Illinois and Unites States v. Ash?

A

Suspect has no right to counsel at a photographic display regardless of whether the display is conducted prior to indictment (Kirby) or post-indictment (Ash).

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30
Q

What is United States v. Wade?

A

Use of line-ups does not compel the accused to give evidence having testimonial significance.

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31
Q

What is United States v. Thomas?

A

Suspects in custody may be presented in lineups concerning other crimes for which they have not been charged.

32
Q

A post-indictment lineup are critical stage and according to United States v. Wade, requires:

A

The presence of counsel on the defendant’s behalf.

33
Q

Pre-indictment lineups are not critical stage and thus, according to Ashford v. State:

A

There is no right to counsel.

34
Q

What is Baxter v. State?

A

Due process for lineups will only intervene to exclude the identification when there is a high danger of misidentification.

35
Q

What is Orozco v. Texas?

A

The police dominated atmosphere prevailed during questioning and was coercive in nature requiring Miranda Warnings to be read.

36
Q

What is Harris v. New York?

A

Case Held that when a defendant takes the stand to testify, he may be impeached by prior statements even if the statement had been ruled inadmissible when originally offered by the prosecutor.

37
Q

There is no constitutional requirement that an officer must notify a juvenile’s parents prior to questioning. However, questioning must cease if:

A

The child indicates he does not wish to speak until he has had an opportunity to speak with parents. (B.P. v. State)

38
Q

What is Ramirez v. State?

A

The voluntariness of juvenile confessions are examined of the totality of circumstances surrounding the confession.

39
Q

When taking a truant child into custody, the search incident to arrest exception to the warrant requirement:

A

Does not apply because truancy is not a crime and is not an arrest. (L.C. v. State)

40
Q

If not taken into custody, a child may be released to a parent, guardian, legal custodian, or a child may be released to a “responsible adult.” A person is not considered a “responsible adult” if:

A

The person has a prior felony, drug trafficking, child abuse, or prostitution conviction.

41
Q

Factors to consider if a juvenile is capable of waiving his rights are: (4)

A
  • Age
  • Marital Status
  • Education
  • Intellectual Level
42
Q

What is Brayshaw v. City of Tallahassee?

A

Found FS 843.17 governing the publishing of LEO information as unconstitutional; however, it does not affect confidentiality aspects under FS 119.

43
Q

What is State of New Mexico v. Marty Ortiz?

A

Held an officer is an arm of the State and the officer’s private phone records were within the possession, custody, and control of the State, making them subject to disclosure.

44
Q

What do United States v. Mendenhall and Popple v. State discuss?

A
  • Case that determined “seizure” occurs when an officer uses displays of authority to detain a person.
  • Set the three types of police encounters (consensual, investigative stop, and arrest) and that for consensual, encounters, LEO cannot hinder or restrict movement and are free to leave.
45
Q

What does Smith v. City of Cumming and Glik v. Cunniffe cover?

A

The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.

46
Q

What is Northside Motors of Florida v. Brinkley?

A

Self-help repossessions are lawful if can be accomplished without a breach of the peace.

47
Q

For repossessions, what may constitute a breach of peace?

A

Unauthorized entry into a residence, entry into a place of business or garage, objection of the debtor.

48
Q

What is Quest v. Barnett Bank of Pensacola?

A

Holds that the debtor’s physical objection bars repossession even from a public street.

49
Q

Repossessors are required to carry: (2)

A
  • Repossession license

- Employee issued Identification card

50
Q

Repossessors are required to notify local law enforcement:

A

Within two hours of the repossession.

51
Q

Risk protection orders can restrict an individual’s access to firearms for periods between:

A

14 days up to 12 months.

52
Q

Under search and seizure, what are the seven exceptions to the warrant requirement?

A
  1. Consent
  2. Plain View
  3. Stop and Frisk
  4. Search incident to arrest
  5. Automobile
  6. Emergency/Exigent Circumstances
  7. Hot Pursuit
53
Q

What is Wong Sun v. United States?

A

Discusses “Fruit of the poisonous tree doctrine” and how evidence will be suppressed if gained by unlawful search.

54
Q

What is Florida v. Jimeno?

A

Allows for the lawful opening of closed containers found within vehicles that might reasonably hold the object of the search without specific consent as to the container.

55
Q

What does Fernandez v. California cover?

A

Authority to conduct a warrantless search with the consent of an occupant who possess common authority over the premises even if another occupant has objected to the search but is physically absent from the premises due to a lawful detention or arrest.

56
Q

What do Minnesota v. Dickerson and Horton v. California cover?

A

Plain View Search factors:

  1. Officer was lawfully present
  2. Item is in plain view
  3. Illegal or incriminating nature of the item is immediately apparent.
57
Q

What is Terry v. Ohio?

A

“Terry Stop” is a brief detention based on reasonable suspicion of involvement in criminal activity depending on totality of circumstances.

58
Q

What is Illinois v. Wardlow?

A

Sudden flight at the sight of LEO in a high crime area in and of itself constitutes a reasonable suspicion for an investigative detention.

59
Q

Is Miranda warning required under the Stop and Frisk law?

A

No but may become necessary if the subject is arrested and interrogated.

60
Q

Chimel v. California

A

Search Incident to Arrest: Officer may search a person arrested and the area within his immediate control.

61
Q

The Supreme Court has held (Arizona v. Gant) that once the arrestee is physically separated from any possible weapon or evidence, the search incident to arrest exception:

A

No longer applies.

62
Q

Mestral v. State

A

Covers a warrantless protective sweep based on articulable facts leading to belief that a dangerous person is in a home.

63
Q

It is unconstitutional to search a cell phone as part of a search incident to arrest when the search is not needed for:

A

Officer safety and there are no exigent circumstances. (Arizona v. Gant ; Smallwood v. State)

64
Q

A police officer, having probable cause to stop a vehicle for any traffic violation, may do so even if the officer has an ulterior motive for making the stop.

A

Whren v. United States

65
Q

Once a motor vehicle has been lawfully stopped, an officer may order the driver and or and passenger(s) to exit the vehicle.

A

Pennsylvania v. Mimms and Maryland v. Wilson

66
Q

Payton v. New York

A

Prohibits warrantless and non-consensual entries into a suspect’s home in order to make a routine felony arrest. An arrest warrant for the person coupled with a reasonable grounds to believe the person is in the residence is necessary to effect an arrest of a person in his residence.

67
Q

If the suspect to be arrested is believed to be at a third party residence, ___ is required.

A

An arrest warrant as well as a search warrant (Steagald v. United States)

68
Q

Ortiz v. State

A

Police may not forcibly enter a private residence to effect an arrest for a misdemeanor crime, even if the crime is committed in the officer’s presence.

69
Q

Tennessee v. Garner

A

Use of force: Officer reasonably believes that a fleeing felon poses a threat of death or great bodily harm to the officer or others, or LEO reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious bodily harm before use of force can be justified in arresting felons.

70
Q

Who enjoys the highest level of diplomatic privileges and immunities?

A

Diplomatic Agents.

71
Q

The elements of Loitering and Prowling are covered under:

A

D.J.E. v. State (L and P is D.J.E.)

72
Q

For Loitering and prowling, alarm is presumed if the defendant

A

flees, conceals himself, or any object (B.J. v. State).

73
Q

In order to search the home and remove firearms pursuant to an injunction, the officer must:

A

obtain a search warrant from the judge who signed the original injunction.

74
Q

Case that covers a person who requests copies of records or asks to inspect records should not be required to:

A

provide identification nor should that person be asked why he needs the records. Curry v. State.

75
Q

Case held that during a lawful traffic stop, all passengers are “Seized” from the moment a car is stopped by police.

A

Arizona v. Johnson. (Tommy Johnson seized people with warrants)

76
Q

Courts have upheld a ___ time period between trespass warning and the corresponding warrantless arrest for trespass on the same property.

A

four-month; Melton v. State.

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