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300 Series-Standard Operating Procedures > SOP 307 Arrest > Flashcards

SOP 307 Arrest Flashcards

1
Q

The act of taking custody of another, under legal authority, for the purpose
of holding or detaining to answer a criminal charge

A

Arrest

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2
Q

All arrests must be in compliance with?

A

Florida Statutes Chapter 901

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3
Q

An order of arrest signed by the Clerk of the Circuit Court upon
the order of a judge or after the State Attorney’s Office has filed the case. It is treated in the same manner as an arrest warrant

A

Arrest Capias

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4
Q

Privilege from arrest cannot be claimed when?

A

The offense involves:

  1. Treason
  2. A felony
  3. Breach of Peace
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5
Q

An order of arrest signed by a judge. An officer, with knowledge
that an _______ is outstanding, may arrest the person named in the arrest
warrant anywhere in the city of Tampa.

A

Arrest Warrant

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6
Q

Entry into private structures of persons not named in an arrest warrant is not permitted solely on the basis
of the arrest warrant. Entry must be achieved how?

A

By search warrant, permission, or

exigent circumstances, i.e., emergency situation.

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7
Q

A form used to document felony,
misdemeanor, and juvenile arrests, as well as juvenile dependency cases, juvenile
misdemeanor complaint cases, and notice-to-appear cases. The form is also used
for initiating felony pick-ups.

A

Criminal Report Affidavit

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8
Q

Any person charged in another state with treason, a felony, or other
crime who has fled from justice and is found in this state

A

Fugitive

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9
Q

A positive response to a computer inquiry as to whether a person is wanted
by any agency

A

Hit

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10
Q

A means to refer a juvenile to the Department of Juvenile Justice when there is sufficient probable cause to support a misdemeanor law violation and the officer elects not to effect an arrest under Chapter 901

A

Misdemeanor Complaint

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11
Q

Privilege from arrest extends to?

A

U.S. Senate and House of Representatives at all times. To members of the Florida State Legislature during their attendance at legislative sessions and while traveling to and from them.

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12
Q

What does ‘privilege from arrest’ mean?

A

The officer can make the arrest, but the person who is privilege from arrest can have it set aside.

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13
Q

A written order issued by a law enforcement officer in lieu of physical arrest. It designates a specific date and time for a person accused of a misdemeanor or city ordinance violation to appear in court

A

Notice-to-Appear

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14
Q

That knowledge or information acquired by a law enforcement officer which would lead a reasonable and prudent person to believe that a crime has been, is being, or is about to be committed and that the person to be arrested,
committed, is committing, or attempting to commit the crime

A

Probable Cause

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15
Q

An order, request, or communication authorizing an

arrest

A

Probable Cause Pick-up

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16
Q

A Probable Cause Pick-up is an order, request, or communication authorizing an arrest on the basis of?

A

A Criminal Report Affidavit filed with the Office of the State Attorney
and recorded by the Clerk of the Circuit Court with a capias pending
number; or

A Criminal Report Affidavit completed by a Tampa Police Department
Officer and held in the Tampa Police “Capias Pending” file.

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17
Q

A means used to refer misdemeanor law violations committed by an adult defendant to the State Attorney’s Office for prosecution.
In these cases neither a physical arrest nor the issuance of a notice to appear is
effected

A

Request for Prosecution

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18
Q

An order issued by the court authorizing
that a child be taken into custody and be delivered either directly to the court or to
a detention facility.

A

Juvenile Administrative Pick-up Order

19
Q

To execute an arrest, an officer must cause the person to be arrested to be informed of?

Note: The touching of the person is not necessary to complete the arrest.

A

the fact of arrest, of the officer’s authority, and of the reason for the
arrest.

20
Q

A police officer usually causes the arrested person to be informed of the officer’s authority by the display of the?

A

Uniform and badge

21
Q

Officers not in uniform should display their ________ indicting their authority as well as announcing their authority as soon as
practicable.

A

badge and identification card

22
Q

Notice for the cause of the arrest need not ordinarily be given until?

A

After custody has been taken. As soon as practicable after taking custody, the arresting officer should inform the arrestee of the offense for which the arrest was made.

23
Q

When is delay in giving prompt notice of cause for arrest is permitted ?

A

When the officer reasonably believes that giving such notice would be dangerous or would imperil the making of the arrest.

24
Q

Arrests will only be made by?

A

Sworn law enforcement personnel to include Reserve

officers.

25
Q

Tampa Police Officers have jurisdiction?

A
  1. Within the city of Tampa; and TPD has an interlocal agreement with HCSO that permits TPD officers to make arrests within Hillsborough County when investigating crimes which occurred within Tampa City limits.
26
Q

When do TPD officers have statutory authority to arrest such person outside the city limits?

A

When in fresh pursuit, officers have the same authority to arrest and detain that
they would otherwise have within city limits.

27
Q

Officers in fresh pursuit of a person reasonably suspected to have committed a
______, ______, ______, or a ______ have statutory authority to arrest such person outside the city limits.

A

felony, misdemeanor, a violation of F.S. Chapter 316, or a city ordinance

28
Q

If an arrest is made in this state by
an officer outside the county within which his jurisdiction lies, he shall ________. Such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a county court judge or other committing magistrate of the county in which the arrest was made without unnecessary delay.

A

Immediately notify the officer in charge of the jurisdiction in which the arrest is
made

29
Q

If an arrest is made in this state by
an officer outside the county within which his jurisdiction lies, such officer in charge of the jurisdiction shall, along with the officer making the arrest, ________ without unnecessary delay.

A

Take the person so arrested before a county court judge or other committing magistrate of the county in which the arrest was made

30
Q

Although MacDill Air Force Base is owned by the federal government, a substantial area is within Tampa City limits, Tampa Police have concurrent jurisdiction on what portion of the base?

A

A substantial area south of the northern perimeter fence line, including all of the Dale Mabry Guard House.

31
Q

Tampa officers have

jurisdiction to arrest persons detained by military police at or near the _______.

A

Dale Mabry Guard House.

32
Q

The portion of MacDill Air Force Base not within Tampa City limits and upon that portion of the base, ______ the have exclusive jurisdiction.

A

Military police

33
Q

An officer involved in fresh pursuit at MacDill Air Force Base, must either ________ or ________.

A
  1. Stop at the entrance gate and solicit the assistance of the Air Force Police in gaining custody of the suspect
  2. Have a TPD dispatcher contact the base by telephone and inform the base of the pursuit and seek approval for continuation onto the
    base.
34
Q

MacDill now has the ability to monitor our operational talk groups and should be contacted via _____ if possible – not telephone because __________.

A
  1. Radio

2. All radio conversation is recorded and attached with the in-progress request.

35
Q

MacDill authorities have informed the department that, based on TPD’s
possession of a valid ______ or ______, they will cooperate in taking
the named person into custody

A
  1. Arrest warrant

2. Capias

36
Q

Misdemeanors that officers may not arrest for should be submitted to:

A

The State Attorney for issuance of an arrest warrant by means of a request for prosecution or, in the case of juveniles, a misdemeanor complaint

37
Q

Generally, no person belonging to the Armed Forces shall be arrested on
any process while _______.

A

Going to, remaining at or returning from any place at which they may be required to attend for military duty

38
Q

Armed Forces

personnel, for these purposes, shall include:

A

Regular members of the
Army, Navy, Air Force, Marine Corps and Coast Guard and Reserves
who are on active duty

39
Q

When a physical arrest is made of a person belonging to the Armed Forces, the investigating officer shall:

A

Contact the liaison officer of the nearest Armed Forces Investigative Headquarters
Division to be notified; generally, by
contacting the law enforcement department at MacDill Air Force Base.

40
Q

When Armed Forces personnel or civilian
employees of the Armed Forces while acting within the scope of their employment, are involved in a traffic crash and are either killed, or injured to the extent that they require hospitalization.

A

Contact the liaison officer of the nearest Armed Forces Investigative Headquarters
Division to be notified; generally, by
contacting the law enforcement department at MacDill Air Force Base.

41
Q

Members of the U.S. Congress shall in all cases, except ______, ______, and ______ be immune from arrest during their attendance at session of their respective Houses and in going to and returning from the same and for any speech or debate in either House. They shall not be questioned in any other place.

A
  1. Treason
  2. Felony
  3. Breach of peace
42
Q

__________, in some cases, have the same immunity granted to members of Congress. The common law prevails which privileges them from traffic arrest while attending, going to or returning from, a session of their respective Houses.

A

Members of State Legislatures

43
Q

The ________ is now being followed by all of the states, non-residents are rarely subjected to unfamiliar traffic signs or inconsistent regulations. Therefore, unless the traffic regulation violated is a unique one to the area, no leniency should be granted because the person is a non-resident.

A

Uniform vehicle code

44
Q

All inquiries regarding the extradition of a fugitive from the department’s jurisdiction from out-of-state agencies will be referred to:

The only response permitted to request for information regarding extradition is to refer to the:

A

The Warrant Section of the Hillsborough County Sheriff’s Office

300 Series-Standard Operating Procedures (58 decks)

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