Sergeant Legal notes 04/2021-01/2023

Question 1

An officer who encounters a person operating a motor vehicle with an out-of-state license deemed invalid by FSS 322.033 may issue a citation for driving without a license (FSS 322.03, Drivers must be licensed; penalties). However, officers should NOT confiscate the out-of-state license, as they are legal to possess. Additionally, for evidentiary purposes, officers should capture a clear photograph (or body-worn camera video)
of the out-of-state license.

Answer 1

info

Question 2

On May 10, 2023, Governor Ron DeSantis signed Senate Bill __ into law, which among other things, created Florida Statutes Section (FSS) 322.033, Unauthorized aliens; invalid out-of-state-licenses. FSS 322.033 prohibits the use of certain classes of out-of-state licenses to operate a motor vehicle in Florida. Specifically, the statute indicates that out-of-state licenses issued exclusively to undocumented immigrants are invalid in
Florida. This new law became effective on July 1, 2023.

Answer 2

1718

Question 3

Elderly - Persons age ___ or older may be taken to the nearest designated receiving facility offering specialized care to older adults. The designated receiving facilities currently providing specialty geriatric care:

Answer 3

60
* Aventura Hospital and Medical Center
* Jackson Behavioral Health Hospital
* Larkin Community Hospital
* Mount Sinai Medical Center
* Palmetto General Hospital
* Westchester General Hospital

Question 4

Minors - Children ___ and adolescents ____ may be taken to the nearest receiving facility that is licensed to serve children and adolescents. The designated receiving facilities currently providing specialized care for children and adolescents:

Answer 4

(0-12 years old) & (13-17 years old)
* Citrus Health Network
* Jackson Behavioral Health Hospital
* Larkin Community Hospital (Ages 13-17 only)
* Nicklaus Children’s Hospital

Question 5

True or False:
Veterans - Any person who is known to be a veteran may be taken directly to the Veteran’s Administration-VA Medical Center, 1201 NW 16 Street, Miami, FL 33125, when requested by the veteran, to include those veterans with non-emergency medical needs.

Answer 5

True

Question 6

Can a receiving facility refuse to accept an individual who meets the criteria for Baker Act?

Answer 6

No. Receiving facilities must accept any person brought by law enforcement.

Question 7

Can a corrections facility refuse to accept an individual who has been arrested for a felony offense and also meets the criteria for Baker Act?

Answer 7

No. Pursuant to Section 394.462(1)(h), Fla. Stat., when any law enforcement officer has arrested an individual for a felony and determined that the individual meets the criteria for a Baker Act, the
individual shall first be processed in the same manner as any other criminal suspect, by being booked at the jail and placed in the custody of the correctional facility. Officers should select “Yes” on the Arrest Affidavit (A-Form) corresponding to PMHD (Possible
Mental Health Defendant) to indicate that the subject should be screened and not automatically placed in general population.

Question 8

What paperwork must law enforcement complete during the Baker Act process? The officer must execute a written report detailing the circumstances under which the person was taken into custody (e.g., Offense/Incident Report). The officer must also complete the Report of Law Enforcement Officer Initiating Involuntary Examination, CF-___ form, when a law enforcement officer determines that an individual meets the criteria for a Baker Act.

Answer 8

MH 3052A

Question 9

Can a licensed ARF or Inpatient Detoxification receiving facility refuse to accept an individual who meets the criteria for Marchman Act?

Answer 9

Yes. A facility can refuse to accept an individual if it does not have the space (bed availability) for an additional patient. If the facility indicates that they are over capacity, law enforcement shall
transport the individual to the nearest emergency room.

Question 10

Is there an exception to the rule that police shall transport to the appropriate or nearest facility?

Answer 10

Yes. If a law enforcement officer believes that a person is having a medical emergency, the person should be transported to the nearest hospital or emergency room for emergency medical
treatment, regardless of whether the facility is an ARF. Emergency Departments are required to accept individuals who meet the criteria for Marchman Act.

Question 11

What are the rules for a Baker Act transport?
Law enforcement officers ___ take into custody and transport individuals meeting the Baker Act criteria to an appropriate, or the nearest facility within the designated receiving system.

Answer 11

shall

Question 12

Florida Statutes § 316.3045 was recently amended to allow law enforcement to enforce loud sounds emanating from motor vehicles as a ___ violation and a primary stop.

Answer 12

non-moving

Question 13

• Restricting Excessive Noise Emanating
  from a Motor Vehicle - Legal Note 2022-01

The amendment to § 316.3045 makes it unlawful for anyone inside a motor vehicle to operate or amplify sounds from the motor vehicle to the point where:
* the sound is plainly audible from at least __ feet away, or
* louder than necessary for convenient hearing by the person inside the motor vehicle when in areas connected to or next to private residences, churches, schools, or hospitals.

Answer 13

25

Question 14

Florida Administrative Code § 15B-13.001 defines “plainly audible” as any sound produced by a radio, tape player, or other mechanical or electronic sound-making device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable sound-making device, that can be clearly heard outside the vehicle by a person with normal hearing faculties, at a distance of ___ feet or more from the motor vehicle.

Answer 14

25

Question 15

True or False:
The primary means of sound detection shall be the officer’s ordinary hearing as long as the officer’s hearing is not enhanced by any mechanical device, like a microphone or a hearing aid. The motor vehicle that the sound is coming from must be located upon (meaning stopped, standing, or moving) any street or highway as defined by Florida Statutes § 316.002(53). Parking lots and driveways are included when any part of the parking lot or driveway in question is open to the public for vehicular traffic. To enforce this non-moving violation, officers must be able to clearly articulate how the officer knew the sound was plainly audible from at least ___ feet away. An average mid-sized car is approximately __ feet long.

Answer 15

25 & 15

Question 16

Which court case is associated with Running License Plates - Registered Owner Has Revoked License?

Answer 16

In Kansas v. Glover, 140 S.Ct. 1183 (2020),

Question 17

Kansas v. Glover:
A driver with a suspended license has had their privilege to drive ____ withdrawn, often for failure to pay a financial obligation. On the other hand, a driver with a revoked license has had their privilege to drive ____, either for a set period of time or permanently. Revocations are usually imposed following some sort of criminal law violation (e.g., DUIs, felonies involving a motor vehicle, drug possession), three convictions for driving on a suspended license within a __year period, or for the continued violation of certain traffic offenses during a __-year period. Due to the serious underlying reasons for a revocation, officers are able to make the reasonable inference that an individual with a revoked license would likely continue to drive (despite the revocation).

Answer 17

1: temporarily & terminated

2: 5 & 5

Question 18

On April 28, 2023, Governor Ron DeSantis signed Florida House Bill ___, intended to protect religious liberty and address hate speech, into law. House Bill 269 became effective immediately upon signing and it created and amended several Florida Statutes.

Answer 18

269

Question 19

HB269:
An individual who intentionally dumps less than __ pounds or ___ cubic feet of noncommercial litter on private property in violation of FSS 403.413(4) without intending to intimidate or threaten commits a ____. This offense will now be charged under FSS

Answer 19

15 & 27

noncriminal infraction

Question 20

HB269: LITTER LAW
An individual who violates FSS 403.413(6)(a)1 for the purpose of intimidating or threatening the owner, resident, or invitee of a property commits a ____.

Answer 20

first-degree misdemeanor

Question 21

HB269: LITTER LAW
An individual who violates FSS 403.413(6)(a)1 for the purpose of intimidating or threatening the owner, resident, or invitee of a property and the litter contains a credible threat commits a ____.

Answer 21

third-degree felony

Question 22

HB269:
For purposes of the statutes outlined below, ____ is defined as a verbal or nonverbal threat, or a combination of the two, and includes threats delivered by electronic communication or threats implied by a pattern of conduct that place the target in reasonable fear for their safety or the safety of family members or close associates, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. Additionally, the present incarceration of the person making the threat is not a bar to prosecution

Answer 22

“credible threat

Question 23

FSS 784.0493 - Harassment or intimidation based on religious or ethnic heritage was created and establishes the following:
* An individual who willfully and maliciously harasses or intimidates a person due to their
wearing or displaying an item related to any religion or ethnic heritage commits a ___.

• If, while violating FSS 784.0493(3), an individual makes a credible threat to the person who
  is the subject of the harassment or intimidation, the individual commits a ____.

Answer 23

1. First-degree
   misdemeanor
2. Third-degree felony

Question 24

____ is defined as to engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.

Answer 24

“Harass”

Question 25

FSS 806.13 - Criminal mischief was amended to add the following violations and definition:
* An individual who knowingly and intentionally displays or projects an image onto a building,
structure, or other property without the owner’s written consent commits a ____.
* If the image displayed or projected in violation of FSS 806.13(6)(a) contains a credible threat,
the individual commits a_____.

Answer 25

1. first-degree
   misdemeanor
2. third-degree felony under

Question 26

____ is defined as a visual representation or likeness of a person or object, and includes text, graphics, logos, artwork, or any combination thereof.

Answer 26

“Image”

Question 27

FSS 810.098 - Trespass for the purpose of threatening or intimidating another person was created and establishes the following: An individual who willfully enters a state university or Florida College System institution without authorization, license, or invitation, for the purpose of threatening or intimidating another person, and who after being asked to leave by the university or institution remains, commits a ____.

Answer 27

first-degree misdemeanor

Note: The only state university located in Miami-Dade County is Florida International University and
the only Florida College System institution located in Miami-Dade County is Miami-Dade College.

Question 28

Disturbing schools and religious or other assemblies:
An individual who willfully and maliciously interrupts or disturbs a school gathering for the worship of God, an assembly of people gathered for the worship of God, an assembly of people met for the purpose of acknowledging someone’s death, or any other assembly of people gathered for any lawful purpose commits a ____. If an individual makes a credible threat while violating FSS 871.01(1)(a), the individual commits a____.

Answer 28

first-degree misdemeanor & third-degree felony

Question 29

What should an officer do when pursuing a subject into another agency’s jurisdiction?

Answer 29

MDPD officers entering another jurisdiction are required to advise the agency with jurisdiction that they are entering their jurisdiction while in pursuit of a subject.

Question 30

What must an MDPD officer do after making an arrest outside of Miami-Dade County?

Answer 30

If officers from the other jurisdiction are not already present, MDPD officers must immediately notify the agency with jurisdiction. FSS 901.25 states, “such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a trial court judge of the county in which the arrest was made without unnecessary delay.” This means that the arrestee will be booked into the jail in the jurisdiction where the arrest was made.

Question 31

How does the subject get back to Miami-Dade County to face the charges for which they were arrested?

Answer 31

The arrestee is first taken in front of a judge in the jurisdiction where the arrest was made and that judge will order the arrestee be transferred back to Miami-Dade County. The Miami Dade County Corrections and Rehabilitation Department will transport the arrestee back to Miami-Dade County.

Question 32

What happens if the agency with jurisdiction refuses to cooperate with MDPD’s fresh pursuit arrest?

Answer 32

If the law enforcement agency with jurisdiction refuses to cooperate with MDPD’s arrest by, for example, refusing to take the prisoner to the county jail to be booked, MDPD officers should contact their MDPD supervisor.

Question 33

Generally, law enforcement officers do not have the legal authority to arrest individuals outside the boundaries of their agency’s jurisdiction. ___ is an exception to this general rule and it permits officers to make arrests outside of their jurisdiction under certain circumstances. Specifically, it allows an officer, who is actively attempting to detain or arrest a fleeing subject within the officer’s own jurisdiction, to continue to pursue and eventually arrest that suspect even if the subject has crossed jurisdictional lines. See State v. Phoenix, 428 So.2d 262, 265 (Fla. 4th DCA 1982), decision approved and remanded, 455 So.2d

Answer 33

Fresh pursuit

Question 34

What criteria must an officer articulate to establish the fresh pursuit exception?

Answer 34

1. That the police acted without unnecessary delay to respond to the suspected crime within their own jurisdiction;
2. That the pursuit was continuous and uninterrupted; and
3. That there was a close temporal relationship between the commission of the offense and the
   commencement of the pursuit and the apprehension of the suspect.

Question 35

Prohibition of Certain Classes of Out-of-State Driver Licenses:
An officer who encounters a person operating a motor vehicle with an out-of-state license deemed invalid by FSS 322.033 may issue a citation for driving without a license (FSS 322.03, Drivers must be licensed; penalties). However, officers should NOT confiscate the out-of-state license, as they are legal to possess. Additionally, for evidentiary purposes, officers should capture a clear photograph (or body-worn camera video) of the out-of-state license.

Question 36

Concealed weapon license holders do not have to voluntarily tell an officer that they are carrying a firearm, even if an officer asks the question. However, they must carry their concealed weapon license
and valid identification when they are in actual possession of a concealed weapon or firearm, and they must display both upon demand by an officer or face a noncriminal fine of $___. Fla. Stat. §
790.06(1).

Answer 36

$25

*Remember, even though an officer may order the occupants of a vehicle to exit the vehicle during a traffic stop, this alone is not enough to justify an officer performing a pat-down for weapons. To perform a pat-down, an officer must have reasonable suspicion to believe that the person has some involvement in a crime and is armed with a dangerous weapon.