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Cpl Test 2020 > State Statutes > Flashcards

State Statutes Flashcards

1
Q

Prior to the interrogation of LEO under IA investigation what must he or she be informed of/provided?

A
  • name of all complainants
  • all witness statements
  • all existing officer’s statements
  • all other existing evidence
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2
Q

How long are interrogating sessions allowed to be involving law enforcement and corrections officers?

A
  • reasonable periods

- personal breaks for necessities and rest periods are reasonably necessary.

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3
Q

True or False? A formal interrogation must be recorded on audiotape or otherwise preserved to allow a transcript to be prepared?

A

True

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4
Q

How long after and interrogation must a copy of the recording be made available to the interrogated officer?

A

No later than 72 hours, excluding holidays and weekends

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5
Q

True or false? If a law enforcement officer is under arrest or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the interrogation?

A

True

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6
Q

True or false? Law enforcement officers and correctional officers are allowed to bring a civil suit against any person, group of persons or organization or corporation for damages suffered during the performance of the officers official duties?

A

True

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7
Q

When does an officer have to be notified of a dismissal, demotion, transfer, reassignment, or other personal action that might result in loss of pay or benefits or that might be otherwise considered a punitive measure?

A

Before the effective date of the action

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8
Q

True or false? The law enforcement officer will be provided with a complete copy of the investigative file including the final investigative report and all evidence and will have the opportunity to address the findings prior to the agency imposing disiplinary action consisting of suspension with loss of pay, demotion, or dismissal?

A

True

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9
Q

How long does internal affairs have to complete an investigation from the time the agency receives notice of the allegation?

A

180 days except

  • written waver by LEO
  • Criminal investigation or prosecution is pending
  • Officer is incapacitated or otherwise unavailable
  • It is a multi jurisdictional investigation
  • Emergencies or natural disasters during which the governor has declared a state of emergency
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10
Q

How long after a case is reopened must it be completed by internal affairs?

A

90 days

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11
Q

Why can Internal affairs reopen an investigation?

A
  1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation
  2. The evidence could not have been reasonably discovered in the normal course of the investigation or the evidence resulted from the pre disciplinary response of the officer
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12
Q

What is Sexual Battery?

A

Oral, Anal or Vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration of another by any object

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13
Q

In regards to Sexual Battery, what is a person who is “Physically Helpless”?

A

unconscious, asleep or for any other reason unable to communicate unwillingness to do an act

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14
Q

In regards to Sexual Battery, what is a person who is “Physically Incapacitated”?

A

means bodily impaired or handicapped and substantially limited in ability to resist or flee

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15
Q

In regards to Sexual Battery, what is a person who is “Mentally Incapacitated”?

A

means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic or intoxicating substance.

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16
Q

What are the elements of Aggravated Assault?

A
  • With a Deadly Weapon OR

- With Intent to Commit a Felony

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17
Q

What are the elements of Aggravated Battery?

A
  • Intentionally or Knowingly causes great bodily harm, permanent disability or permanent disfigurement OR
  • Uses a Deadly Weapon OR
  • The offender knew or should have known the victim was pregnant at the time of the offense
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18
Q

What are the elements of Assault?

A
  • Intentional, unlawful threat by word or act to do violence
  • Apparent Ability to do so
  • Creates well founded fear
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19
Q

What are the elements of Battery?

A
  • Actually and intentionally touches or strikes another person against their will OR
  • Intentionally causes bodily harm to another person
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20
Q

If a person has a prior conviction of battery, aggravated battery or felony battery, Did they commit a misdemeanor or felony?

A

Felony of the 3rd Degree

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21
Q

Under Stalking, what is “Harass”?

A

to engage in a course of conduct which causes emotional distress and serves no legitimate purpose

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22
Q

Under Stalking, How long does the “course of conduct” need to be to constitute stalking?

A

“Over a period of time,however short, which evidences a continuity of purpose”

23
Q

Under Stalking, what is a “Credible Threat”?

A
  • verbal or non-verbal threat delivered through electronic communication or implied by a pattern of conduct
  • person in reasonable fear for safety of themselves or family members/close friends
  • apparent ability to carry out threat
24
Q

What is Cyberstalking?

A
  • In Short, to stalk someone through words, images or language by the use of electronic communication OR
  • To access or attempt to access the online account or Internet- connected home electronic systems of another without consent,

both cause emotional distress and serve no legitimate purpose.

25
Q

What is the charge for stalking and cyberstalking?

A

Misdemeanor of the 1st degree

26
Q

What is the charge for stalking or cyberstalking with a credible threat?

A

Aggravated Stalking, Felony of 3rd Degree

27
Q

A person has an injunction against someone for repeat violence, sexual violence, dating violence, domestic violence, or any other court-imposed prohibition of conduct against a subject and is then stalked or cyberstalked by the subject, what is the charge?

A

Aggravated Stalking, Felony 3rd Degree

28
Q

Stalking of a person under the age of 16 is what charge?

A

Aggravated Stalking, Felony of the 3rd Degree

29
Q

Kidnapping means to…?

A

Forcibly, secretly or by threat confining, abducting or imprisoning another person against his or her will and without lawful authority with the intent to…

  • Hold for ransom or reward
  • Shield or Hostage
  • Commit or Facilitate Commission of Felony
  • Inflict bodily harm or terrorize victim
  • Terrorize another person
  • Interfere with performance of governmental or political function
30
Q

True/False? A person who commits the offense of kidnapping on a child 13 or under and also commits the following, see below, commits a life felony?

  • Agg Child Abuse
  • Sexual Battery
  • Lewd and Lascivious
  • Former violation of 796.03 or 796.04
  • Exploits a child
  • Violation of 787.06/3/g, relating to Human Trafficking
A

True

31
Q

The legislature finds that human-trafficking is a form of…?

A

“Modern-Day Slavery”

32
Q

Definition of Human Trafficking?

A

means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining or obtaining another person for the purpose of exploitation of the person

33
Q

In regards to Human Trafficking, what is “sexually explicit performance”?

A

means an act or show, whether public or private, that is live, photographed, recorded or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest

34
Q

In regards to Human Trafficking, what is a group of two or more individuals associated in fact whether or not a legal entity called?

A

“Venture”

35
Q

In regards to Human Trafficking, a parent/guardian commits a life felony if they…?

A

a parent/guardian who sells or otherwise transfers custody or control of such minor or offers to sell or otherwise transfer custody of such minor with knowledge or in reckless disregard of the fact that as a consequence of the sale or transfer the minor will be subject to human trafficking

36
Q

In regards to Human Trafficking, any property that was used, or intended to be used in violation of the human trafficking statute may be seized and shall be forfeited subject to the provisions of…?

A

The Florida Contraband Forfeiture Act

37
Q

True/False? Under the Human Trafficking Statute, the defendant’s ignorance or the victim;s age, victim’s misrepresentation of their age or the defendant’s bona fide belief of the victim’s age CANNOT be used as a defense?

A

True

38
Q

An unlicensed person who carries a concealed weapon (not firearm) or electric weapon on or about his or her person commits what level of crime?

A

Misdemeanor

39
Q

A person who carries a concealed firearm on or about their person who is not licensed commits what level of crime?

A

Felony of the 3rd Degree

40
Q

What is an unlicensed citizen allowed to carry concealed for the purpose of self-defense?

A
  • chemical spray
  • non-lethal stun gun or dart-firing stun gun or other non-lethal electric weapon or device that is designed solely for defensive purposes
41
Q

Definition of a Carjacking?

A
  • the taking of a motor vehicle which may be the subject of theft from the person or custody of another with the intent to permanently or temporarily deprive the person of the vehicle AND
  • In the course of the theft the suspect uses force, violence, assault or putting in fear
42
Q

Carjacking is what level of crime?

A

Felony

43
Q

No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. This is what crime? What is the level of the crime?

A

Disorderly Intoxication

Misdemeanor

44
Q

Stop and Frisk Law?

A
  • law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances
  • the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence
45
Q

How long are you allowed to detain someone under the Stop and Frisk Statute?

Where are you allowed/not allowed to detain them?

A

No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof

46
Q

When do you have to release someone under the Stop and Frisk Statute?

A

If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be released.

47
Q

When are you allowed to search someone under the Stop and Frisk Statute?

A
  • Whenever any LEO is authorized to detain temporarily any person under the Stop and Frisk Law
  • LEO has probable cause to believe that any person whom the officer has been temporarily detained, or is about to be detained temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person,
  • the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized.
48
Q

Definition of a Home Invasion Robbery?

A

a robbery that occurs when the offender enters a dwelling with the intent to commit a robbery and does commit a robbery or the occupants therein

49
Q

In regards to Open House Parties, What is an alcoholic beverage?

A

distilled spirits and any beverage containing 0.5 percent or more alcohol by volume.

50
Q

What is the age of a minor in regards to an Open House Party?

A

less than 21, individual not legally permitted to possess alcohol

51
Q

“Control” is defined as what, in regards to Open House Parties?

A

means the authority or ability to regulate, direct or dominate.

-A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug

52
Q

Elements of Aggravated Child Abuse?

A
  • Commits Agg Battery on A child
  • Willfully Tortures, Maliciously Punishes or Willfully and Unlawfully Cases a Child OR
  • Knowingly or Willfully Abuses A Child and in so Doing Causes Great Bodily Harm, Permanent Disability or Permanent Disfigurement
53
Q

Elements of Child Abuse?

A
  • Intentional Infliction of Physical or Mental Injury Upon A Child
  • An Intentional Act that Could Reasonably be Expected to Result in Physical or Mental Injury to a Child OR
  • Active Encouragement of any Person to Commit an act that Results or Could reasonably be Expected to Result in Physical or Mental Injury to a Child
54
Q

What is Child Neglect?

A
  1.  A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
  2.  A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Cpl Test 2020 (2 decks)

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