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Sgt's Exam stuff > Sgt's Exam FSS > Flashcards

Sgt's Exam FSS Flashcards

1
Q

In 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver’s license or identification card; it’s a __ degree felony.

A

3rd

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2
Q

Under FSS 509.141, does the operator of the lodging establishment or food service establishment have to notify the gust they must leave before ejecting them from the business. (Yes/No)

A

Yes - Verbal or Written

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3
Q

Under FSS 509, if a guest has paid in advance, and is later ejected from the property, does the unused portion of pre-payment have to be refunded. (Yes/No)

A

Yes - Lodging establishments only have to refund based on a 24hr day. If any part of the 24 hours have been used, then the establishment gets credit for that 24 hour period.

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4
Q

Any guest who remains or attempts to remain on property of a Lodging or Food service establishment after being ejected is guilty of a __ degree misdemeanor.

A

2nd

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5
Q

741.28 Domestic violence: With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (TRUE/FALSE)

A

True

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6
Q

It is a legal requirement of FSS 741.29 DV Investigations that the victim be provided a written copy of their rights. (YES/NO)

A

Yes - The Dept must create a pamphlet in English and Spanish.

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7
Q

741.30 Domestic violence injunction: Any person who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of DV may apply for an injunction (TRUE/FALSE)

A

True

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8
Q

741.31 Violation of an injunction : In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court for assistance in submitting the allegation directly to the SAO. (TRUE/FALSE)

A

True

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9
Q

A person who willfully violates an injunction for protection against domestic violence commits a __________ of the first degree

A

misdemeanor

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10
Q

741.313 Unlawful action against employees seeking protection: An employer __ permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer.

A

shall - As long as the employee has worked there 3 months or more, and the employer has at least 50 employees.

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11
Q

Under 741.315 Recognition of foreign protection orders, the Florida courts recognize and local law enforcement will enforce them. (TRUE/FALSE)

A

True

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12
Q

Law Enforcement my obtain and use information that has been exempted from Public Records in the execution of an arrest warrant. (TRUE/FALSE)

A

True

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13
Q

Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are ______.

A

sexual predators

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14
Q

A sexual predator who changes residence, must report in person to the Sheriff’s Office with in ___ hours.

A

48

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15
Q

A sexual predator must report in person each year during the month of the sexual predator’s birthday and during every ___ month thereafter to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister

A

third

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16
Q

Under 776.012 Use of force in defense of person, any person can use “reasonable” force to defend himself/herself. (TRUE/FALSE)

A

True

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17
Q

776.012 Use of force in defense of person. a person can use deadly force when such force is necessary to prevent imminent death or great bodily harm. (TRUE/FALSE)

A

True - Anyone in this situation does NOT have to retreat.

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18
Q

Under 776.013 Home protection; use of deadly force, a resident inside their home, may use deadly force against an unknown person who forcibly made entry to that residence. (TRUE/FALSE)

A

True- Intruder must be unknown, have no legal right to be there, and can not be a parent/guardian retrieving a child.

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19
Q

776.031 Use of force in defense of others.—A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to protect another’s property (TRUE/FALSE)

A

True

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20
Q

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

A

FYI

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21
Q

777.011 Principal in first degree.—Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed

A

FYI

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22
Q
  1. 03 Accessory after the fact.—
    (1) (a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.
A

FYI

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23
Q
  1. 201 Entrapment.—
    (1)  A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
A

FYI

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24
Q

782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

A

FYI

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25
Q

An injury can not be the cause of death, if 1 year and 1 day have passed from date of injury to time of death. (TRUE/FALSE)

A

True under 782.035 “year-and-a-day rule”

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26
Q

Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree is what crime?

A

782.051 Attempted felony murder

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27
Q

The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is what crime?

A

782.07 Manslaughter

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28
Q

________ _________ is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

A

782.071 Vehicular homicide

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29
Q

__________ is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

A

784.011 Assault

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30
Q

_______ _________ is an assault:

(a)  With a deadly weapon without intent to kill; or
(b)  With an intent to commit a felony.

A

784.021 Aggravated assault

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31
Q

A person commits _______ ______ if he or she:

(a)  Actually and intentionally touches or strikes another person against the will of the other; and
(b)  Causes great bodily harm, permanent disability, or permanent disfigurement.

A

784.041 Felony Battery

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32
Q

A person commits aggravated battery who, in committing battery:

A
  1.  Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
  2.  Uses a deadly weapon.
    (b)  A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
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33
Q

“________ _______” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

A

“Dating violence”

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34
Q

To justify “Dating Violence” a relations ship must meet these 3 things:

A
  1.  A dating relationship must have existed within the past 6 months;
  2.  The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
  3.  The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
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35
Q

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of:

A

Stalking

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36
Q

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of:

A

aggravated stalking

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37
Q

(True/False) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has committed the crime of Stalking.

A

True

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38
Q

Standard language in a Protection order prohibits the respondent from going or being w/in ___ feet of the petitioners home and ___ feet of their vehicle.

A

500 / 100

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39
Q

Is Culpable negligence a felony or misdemeanor?

A

Misdemeanor* Unless it involves a firearm, then it’s a felony

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40
Q

Is knowingly and willfully shining a laser lighting device at a LEO a criminal offense?

A

NO – WTF

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41
Q

Shining a laser at a vehicle, vessel or aircraft is a misdemeanor or felony?

A

Felony

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42
Q

Assault on a LEO is a ______ degree misdemeanor?

A

1st

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43
Q

Battery on a LEO is a ______ degree felony?

A

3rd

44
Q

The “blue alert” system can be utilized when ______ has occured.

A

784.071 Assault or battery on a law enforcement officer; missing while in line of duty

45
Q

(True/Falso) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material

A

True - 3rd degree Felony

46
Q

The term “______” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

  1.  Hold for ransom or reward or as a shield or hostage.
  2.  Commit or facilitate commission of any felony.
  3.  Inflict bodily harm upon or to terrorize the victim or another person.
  4.  Interfere with the performance of any governmental or political function.
A

kidnapping

47
Q

The term “______ ________” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

A

false imprisonment

48
Q

A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the ___ degree

A

1st

49
Q

A person 18 years of age or older who, having been previously convicted of Luring or enticing a child , intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a _______ of the third degree

A

felony

50
Q

Interference with custody is a felony or misdemeanor?

A

felony

51
Q

“______ ________” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.

A

Human trafficking

52
Q

A person who transports into this state an individual who the person knows, or should know, is illegally entering the United States from another country commits _________ ________

A

Human smuggling

53
Q

________ _______ means any firearm manufactured in or before 1918

A

Antique firearm

54
Q

_________ _________ means any firearm which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

A

Concealed firearm

55
Q

__________ ________ means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person

A

Concealed weapon

56
Q

___________ means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.

A

Firearm

57
Q

) “Short-barreled shotgun” means a shotgun having one or more barrels less than __ inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than __ inches.

A

18 / 26

58
Q

) “Short-barreled rifle” means a rifle having one or more barrels less than __ inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than __inches

A

16 / 26

59
Q

_________ _________ __ _______ ______ means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

A

Readily accessible for immediate use

60
Q

___________ __________ ” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access

A

Securely encased

61
Q

Per FSS 790.01, it (is/is not) a crime to carry self-defense chemical spray or a dart firing stun gun or ECD for lawful self-defense in a concealed manner.

A

IS NOT

62
Q

Does Florida honor/recognize Concealed Carry Permits from other states?

A

Yes - As long as the person is 21 y/o and has a their CWP on their person.

63
Q

ECD’s can be openly carried. (TRUE/FALSE)

A

False

64
Q

What Florida Governmental Agency is responsible for Concealed Weapon Permits?

A

Dept. of Agriculture and Consumer Services

65
Q

Making a “False report of a bomb” is a felony (TRUE/FALSE)

A

True

66
Q

Crimes involving “Weapons of Mass destruction,” are what type of Felony

A

Capitol

67
Q

The home address of a Juvenile Offender convicted of a offense involving a firearm may be released for publication. (TRUE/FALSE)

A

True

68
Q

Minors under the age of __ must be supervised by an adult to use a BB gun.

A

16

69
Q

A Ballistic self-propelled knife can be declared dangerous or _______ weapon.

A

deadly

70
Q

Can a convicted felon posses an ECD?

A

No

71
Q

Employers can legally prohibit employees from keeping secured firearms in their vehicles while on the employer’s property. (TRUE/FALSE)

A

False

72
Q

Any person(s) who remove a serial number from a firearm of any type can be charge with a (felony/misdemeanor).

A

felony

73
Q

Sexual battery by a person 18 or older on a child <12 y/o commits a _____ felony.

A

capital

74
Q

Sexual battery by a person <12 commits a ____ felony.

A

life

75
Q

Sexual battery on a victim 12 or older w/o consent or threats to use deadly weapon, or actual physical force causing SBI commits a ____ felony

A

life

76
Q

Failure to report a sexual battery is misdemeanor/felony?

A

misdemeanor

77
Q

A person 24 y/o or greater who has sex with a person 16-17 y/o commits a 2nd degree felony (TRUE/FALSE).

A

True

78
Q

Criminal Mischief <$1000 is a ________ crime.

A

misdemeanor

79
Q

Criminal Mischief >$1000 is a _______ crime.

A

felony

80
Q

Destroying a public telephone of related public communication devices is a ______ crime.

A

felony

81
Q

Tampering or disabling phone lines to facilitate a burglary, is what level of crime?

A

felony

82
Q

Theft of a fire extinguisher is a felony (true/false)

A

true

83
Q

Theft of 1000 pieces of citrus is a felony (true/false)

A

false - 2000 pieces or more

84
Q

Theft of a Stop Sign is a felony (true/false)

A

True

85
Q

Theft of Anhydrous ammonia is a felony (true/false)

A

True

86
Q

Copper theft from utility or communication services that interrupts same service, is a felony (ture/false)

A

True

87
Q

When does child abuse, rise to the level of Aggravated Child abuse?

A

Battery on a Child occurs and Willfully tortures, maliciously punishes or cages a child or causes Great Bodily Harm etc

88
Q

_____ _ _ _________ is Any person who:

(a)  Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or
(b)  Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services

A

Contributing to the delinquency or dependency of a child

89
Q

False reports to law enforcement authorities is a felony/misdemeanor ?

A

misdemeanor

90
Q

Resisting an Officer w/o violence is a ________, where w/ violence is a _______.

A

misdemeanor / felony

91
Q

Unlawful possession of a concealed handcuff key is a felony (true/false)

A

True

92
Q

Depriving officer of means of protection or communication is a felony (true/false)

A

True

93
Q

Intentionally harass, tease of interfear with or batter a police animal is a misdemeanor. (true/false)

A

True

94
Q

To cause GBH or a firearm against a police animal is a felony (true/false)

A

True

95
Q

Unless the suspect flees, the LEO must give same suspect an opportunity to dispel any alarm or immediate concern prior to arrest. (True/False)

A

True

96
Q

There must be __ or more people meeting together to establish an Unlawful Assembly.

A

3

97
Q

“________ __________” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups

A

Criminal Gang

98
Q

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a ____________________.

A

Breach of the peace; disorderly conduct

99
Q

Standard for Trafficking in Cannabis is

A

in excess of 25 pounds of cannabis, or 300 or more cannabis plants

100
Q

Standard for Trafficking in Cocaine is

A

28 grams or more of cocaine

101
Q

Standard for Trafficking in heroin, morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt is

A

4 grams or more

102
Q

Standard for Trafficking in LSD is

A

1 gram or more

103
Q

WARRANTLESS ARRESTS:

As a general rule, a law enforcement officer, may make a warrantless probable cause arrest when:

A

(1)  The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer.
(2)  A felony has been committed and he or she reasonably believes that the person committed it.
(3)  There is reasonable belief that a felony has been or is being committed and that the person to be arrested has committed or is committing it.
(4)  A warrant for arrest has been issued and is held by another peace officer for execution.
(5)  A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit.
(6)  The person has committed a criminal act according to s. 790.233 or according to s. 741.31 or s. 784.047 which violates an injunction for protection entered pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315.
(7)  The person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046.
(8)  The person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes.

(9)  The person has committed:
(a) Battery upon another person. § 784.03, Fla. Stat.
(b)  Criminal mischief or graffiti-related offense. § 806.13, Fla. Stat.
(c)  A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in s. 327.461.

(10) The person has violated a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046.
(11) The person has committed trespass in a secure, conspicuously signed, area of an airport
(12) The person has committed assault on a law enforcement officer, firefighter, emergency medical care provider, public transit employee, or other person specified in §784.07, or has committed assault or battery upon any employee of a receiving facility defined in §394.455, who is engaged in the lawful performance of his or her duties

104
Q

MISDEMEANOR NON-VIEW EXCEPTIONS

A law enforcement officer is authorized to make a warrantless arrest for some misdemeanor offenses that occur outside the officer’s presence. Those non-view misdemeanor exceptions include:

A
  • Traffic misdemeanors if probable cause is developed pursuant to the officer’s traffic crash investigation. §§316.645 and 318.17, Fla. Stat.
  • Disorderly Conduct on public lodging or food service establishment licensed under Chapter 509, Fla. Stat. §509.143, Fla. Stat.
  • Theft of property belonging to a food service or public lodging establishment licensed under Chapter 509, Fla. Stat. §509.162(3)
  • Domestic, Dating, or Repeat Violence. § 741.28, Fla. Stat.
  • Violation of Injunction or protection order for domestic, dating, repeat violence or stalking. §§741.31, 741.31(4) & 784.047, Fla. Stat.
  • Violations of pretrial release conditions in §903.047 if the original arrest was for an act of domestic violence as defined in §741.28.
  • Trespass in signed, secure area of airport.
  • Assault on law enforcement officer, firefighter or emergency medical care provided, public transit employee or agent, or other specified person set out in §784.07. Fla. Stat.
  • Stalking. § 784.048, Fla. Stat.
  • Battery. § 784.03, Fla. Stat.
  • Luring or enticing child under 12 by person over 18. §787.025, Fla. Stat.
  • Carrying a concealed weapon. §790.02, Fla. Stat.
  • Carrying firearm or ammunition against injunction. §790.233, Fla. Stat.
  • Criminal Mischief. §806.13, Fla. Stat.
  • Trespass after warning on occupied or unoccupied property. §810.08, Fla. Stat.
  • Trespass on school grounds. § 810.097, Fla. Stat.
  • Transit fare evasion. § 812.012(4), Fla. Stat.
  • Retail Theft. § F.S. 812.015, Fla. Stat.
  • Contributing to delinquency/dependency of minor. § 827.04, Fla. Stat.
  • Possession of Cannabis
105
Q

A LEO in performance of their duties, may, by force gain entry to a structure to arrest a suspect for a felony. (true/false)

A

True

106
Q

When a suspect knowingly gives someone else’s name for their own, and that person is adversely affected, the suspect is guilty of a _____ crime.

A

felony

Sgt's Exam stuff (6 decks)

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