Legal Bulletin Flashcards

1
Q

During a Terry Stop-if suspect is obeying all commands-Can the individual be arrested for Resisting or opposing an officer without violence pursuant to Section 843.02, Florida Statutes for refusing to tell you who he/she is?

A

No

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2
Q

What happens to evidence when an officer unlawfully stops a motorist solely to determine whether he or she is driving with a suspended license?

A

The officer’s post-stop observation of the defendant behind the wheel must be suppressed.

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3
Q

If a driver cannot provide his/her driver’s license, then Section 322.15(2) F.S. requires the offender to:

A

Imprint his/her fingerprint upon the citation or the officer can collect the fingerprints electronically. Officers must make sure fingerprints are provided by the violators.

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4
Q

When completing an arrest affidavit, the officer must include inculpatory and what other kind of evidence?

A

Exculpatory

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5
Q

When a suspect invokes his right to counsel, the invocation must be:

A

clear and unambiguous

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6
Q

ALCOHOL DELIVERIES:

Alcoholic beverage license is consent by the vendor that _______that are owned or leased by the vendor shall always be subject to inspection and search _____ a search warrant for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied

A

Vehicles

Without

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7
Q

Do you need a motorcycle endorsement to operate an autocycle? Do you need a seat belt?

A

Motorcycle endorsement-NO

Seat belt=YES

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8
Q

A person who willfully violates an injunction for protection against exploitation of a vulnerable adult commits a:

A

Misdemeanor of the first degree

Two or more prior convictions for violation of an injunction or foreign protection order against the same victim – then it’s a 3RD DEGREE FELONY)

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9
Q

SB 1392 Requires that in each judicial circuit WHO create a prearrest diversion program and develop its policies and procedures?

A
  • public defender,
  • the state attorney,
  • the clerks of the court
  • representatives of participating law enforcement
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10
Q

The term “incident of mass violence” means an incident
in which ________ not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another.

A

4 OR MORE PEOPLE

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11
Q

Are the addresses of victims of mass violence exempt from public records requests?

A

YES

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12
Q

Is the perpetrator of mass violence exempt from public records request?

A

NO

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13
Q

LEO who are serving an ex parte order for involuntary examination may seize and hold a firearm or any ammunition the person possesses at the time of taking him or her into custody if the person poses a potential danger to himself or herself or others AND __________

A

Has made a credible threat of violence against another person

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14
Q

When should Firearms or ammunition which have been seized under FSS 394.463 must be made available for return?

A

No later than 24 hours
or
No longer subject to involuntary examination
or
Has been released/discharged from treatment

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15
Q

Can a person who has been adjudicated mentally defective or been committed to a mental institution from own or possess a firearm until certain relief is obtained?.

A

No

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16
Q

Community action treatment teams shall provide community-based behavioral health and support services who (there are 3)?

A
  • Children from 11 to 13 years of age
  • Adolescents
  • Young adults from 18 to 21 with serious behavioral health conditions who are at risk of out-of-home placement as demonstrated by specified criteria
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17
Q

What is the consecutive number of days used to determine residency for purposes of sexual predator or sexual offender registration?

A

3

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18
Q

Trespass upon the operational area of an airport a THIRD degree felony if the offender trespasses with the intent to:

A
  • injure another person
  • damage property
  • impede the operation or use of an aircraft, runway, taxiway, ramp, or apron area,

MUST be legally posted

19
Q

Posttraumatic stress disorder suffered by a first responder is a:

A

Compensable occupational disease

20
Q

A person is prohibited from ______, ______, or _______ a threat to conduct a mass shooting or an act of terrorism in a writing or other record in any manner that would allow another person to _________

A

making
posting
transmitting

view the threat.

21
Q

If a person is staying with a homeowner for a “brief” time, can LEO force them to leave or do they need an eviction process?

A

LEO can force them to leave or face trespass

22
Q

The following 4 things deem someone as a “transient occupant”

A
  1. No ownership interest, financial interest, or leasehold interest
  2. No utility subscriptions for this property.
  3. The person cannot produce documentation, correspondence, or identification cards sent or issued by a government agency, which show that the person used the property address as an address of record with the agency within the previous 12 MONTHS
  4. Pays minimal or no rent for his or her stay at the property.
23
Q

Can LEO verify through CCC whether the individual has a Medical Marijuana ID and the type and amount of medical marijuana the person is authorized?

A

Yes

24
Q

True of False-The person must have his/her Medical Marijuana Patient or Caregiver card in his/her possession.

A

True

25
Q

What is “the acquisition, possession, use, delivery transfer, or administration of marijuana authorized by a physician certification.

A

medical use (for marijuana)

26
Q

Medical marijuana use does not include:

A

1-Marijuana not purchased or acquired from a medical marijuana treatment center.
2-Marijuana in the form of commercially produced food item other than edibles or of marijuana seeds.
3-Use that is inconsistent with the qualified physician’s directions or physician certification.
4. Transfer of marijuana to a person other than the caregiver

27
Q

Medical marijuana can’t be smoked in the following places and It also can’t be used where?

A

1-On public transportation

b. In any public place
c. At work-unless allowed by boss
d. In a state correctional institution
e. School
f. In a school bus, a vehicle, an aircraft, or a motorboat,

28
Q

The new 381.986(8)(e)11.f.13 requires _______ for marijuana in smoking form

A

additional labeling

29
Q

Medical Marijuana label must say several things to include:

A
  • dosage form

- concentration of tetrahydrocannabinol and cannabidiol

30
Q

When dispensing marijuana or a marijuana delivery device, a medical marijuana treatment center may not dispense more than a:

A

70-day supply of marijuana within any 70-day period to a qualified patient or caregiver.

35-day supply of marijuana in a form for smoking within any 35-day period to a qualified patient or caregiver.

Form of smoking may not exceed 2.5 ounces-4 ounces with exemption

31
Q

Overdoses-A person can not be charged when requesting help for an overdose IF:

A

The evidence found was AS A RESULT OF requesting help

32
Q

Hemp contains how much THC?

A

.3% or less

33
Q

How do we test for hemp? Does FDLE test for Hemp?

A

We can’t

FDLE does not

34
Q

Can LEO shoot an uncooperative subject who poses a threat to himself but not to others?

A

No

35
Q

Public right-of-way reference alcohol-where are they allowed to sell alcohol?

A

Within a sidewalk café, At an outdoor event, within the downtown district, pursuant to an alcohol event permit.

36
Q

Outdoor event by Government/public entity:

__________alcohol event permit may include all of the University of Florida home football games for the school year.

A

One

37
Q

Outdoor event by Government/public entity:

_______ alcohol event permits may be issued per calendar year per applicant

A

Two

38
Q

It is unlawful for any person to consume or to permit the consumption of any alcoholic beverages in bottle clubs or on premises open to the public, catering to the sale and/or consumption of alcoholic beverages between the hours of ____________ and__________.

A

2 am and 7 am

39
Q

NOISE—Daytime means _________the same day.

Nighttime means __________ the following day

A

8: 00 a.m. to 10:00 p.m.
10: 00 p.m. to 8:00 a.m

40
Q

Noise means any sound which

A

disturbs humans or other animals, or which causes or tends to cause an adverse psychological or physiological effect on humans or other animals.

41
Q

Noise DISTURBANCES means any sound which:

A

(1) Disturbs a reasonable person of normal sensitivities;
(2) Exceeds the sound level limits set forth in this chapter; or
(3) Is plainly audible as defined in this section.

42
Q

No person shall operate, or permit the operation of, any loudspeaker, public address system or similar device, for any purpose, during___________

A

nighttime hours 10 pm – 8 am

43
Q

No person shall operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of ______

A

9 pm and 6 am