Legal Bulletins

Question 1

2019-12

Can an officer use deadly force on a uncooperative individual when he presents an immediate risk to only himself but not others

Answer 1

No

Question 2

2019-09

What is hemp

Can you search for smell of cannabis

Answer 2

Derived from the same plant as cannabis but only contains .3% or lower if THC

You can no longer search on smell alone but need additional factors.
Other illegal activity or conduct, hand to hand transaction Prior to vehicle stop, frutive movement, destroying discarding or distancing themselves from the object or substance, large amounts of currency, masking agent such as fabric softener/ air fresheners etc, weapons or firearms, admissions or statements of the occupants in regards to not knowing what hemp is etc

Question 3

2019-07

Fss 893.21

Can you arrest someone who called 911 or rendered aid to a person who has overdosed on a controlled substance or alcohol if they are the ones who provided the person with the alcohol or a controlled substance

Answer 3

No

Also they must remain on scene and cooperate with emergency services and law enforcement

Question 4

2018 - 05

Define transient occupant

Answer 4

1. the person does not have ownership interest financial interest or leasehold interest in the residential property which entitles him or her to occupancy of the property.
2. The person does not have any property utility subscriptions for this property.
3. The person cannot produce any documentation, correspondences, or identification cards which show that the person used the property address as an address of record with a to see within the previous 12 months.
4. The person pays minimal or no rent for his or her stay at the property
5. the person does not have it doesn’t need a space of his or her own such as a room at the property
6. The person has minimal, if any, personal belongings at the property
7. The person has an apparent permanent residence elsewhere.

Question 5

2018 - 05

Are you able to remove a transient occupant and arrest them if they refuse to leave?

Answer 5

Yes, but only after the party entitled to possession (PEP) directions to unwanted person to leave before seeking assistance from law enforcement. The PEP must then complete a sworn affidavit containing the facts including the applicable factors from the list above (transient occupancy definition list) which establishes the transient occupant is unlawfully refusing to leave the residence.

Question 6

2017 - 02

When requesting counsel the defendant’s request must be

Answer 6

Clear and unambiguous

Question 7

2017 - 01

When completing an arrest affidavit it must contain both inculpatory information and

Answer 7

Exculpatory information

Question 8

2016 - 01

If a driver cannot provide their driver’s license they must provide______ on the citation

Answer 8

Their fingerprints

Question 9

2015 - 17

If a officer unlawfully stops a motorist to determine if their license is suspended, the officers post- stop observation of them driving must be

Answer 9

Suppressed

Question 10

2015 - 04

Terry stops;
If a subject simply refuses to identify himself during a Terry stop can they be arrested for resisting or obstructing an officer

Answer 10

No