Training Bulletins Flashcards
What is the IPA and what protection does it allow?
Incapacitated Persons Act - Allows medical personnel to force medical attention on patients who for whatever reason (intoxicated, mental or physical state of being) appear to be unable to make an informed decision concerning their own medical treatment. The IPA offers immunity from all liability in these situations.
What are the two original charges that allows officers to make a non-view arrest for a violation of pre trial release?
Domestic Violence and Dating Violence - In any other circumstance for violations of pretrial release the officer must contact the pretrial release personnel in order to revoke the offenders pretrial release status
When are police officers covered under the IPA?
Police officers must receive directions only from a physician (OFD’s medical director or an ER/treating physician) To restrain patients who refuse medical attention in order to be covered pursuant to the IPA.
Are officers allowed to use any force necessary to subdue an incapacitated person?
No- Only reasonable force shall be utilized in order to subdue an incapacitated person for medical treatment. unreasonable force is not protected under the statute. Officers should use their best judgment to determine the reasonable force necessary to restrain a patient when no crime has occurred and is being detained only for the purpose of medical examination or treatment
What is a gratuitous guest?
One who occupies and uses certain premises for some indefinite period of time without being a party to a written or oral rental agreement and without making certain identifiable or periodic payments in exchange for the right to occupy those premises.
When can I gratuitous guest be removed from property?
A gratuitous guest can be removed from the premises or property for any reason and with police assistance if necessary, at the request of the owner or possessor (tenant) of the premises.
Are recovery agents allowed to carry a weapon or firearm while performing a recovery if licensed to carry a concealed weapon or firearm in the state?
No- a recovery agent who is licensed by the state of Florida to perform repossessions may not carry a concealed weapon or firearm under any circumstance while on private property performing repossessions.
In regards to the fourth amendment what is a search?
Any meaningful interference with a privacy or property interest
In regards the fourth amendment what is a seizure?
The seizure occurs when the government takes possession of a person or property
What is the level of suspicion required to justify a governmental intrusion of an area or interest protected by the fourth amendment?
Probable cause
What is the definition of probable cause?
Probable cause has no absolute definition. It is a common sense determination based on the totality of the circumstances known at the time that lead a reasonable officer to believe that an offense has been, or is being, committed, or that contraband is in a place to be searched. Probable cause is a conclusion based on identifiable facts and evidence.
Regarding drug Warrants how many days does an officer have to obtain a warrant prior to the probable cause being considered stale?
30 days
When can officers resort to forced entry when serving a search warrant?
Only after denied entry or if other exigencies are present at the time of entry. No knock entries are justified only where there is reasonable suspicion to believe that knocking and announcing the police presence and purpose would be dangerous or futile.
True or false. The placing of items into a dumpster without the owner’s consent is a theft of sanitation services and therefore is a violation of “theft” as provided in Florida State statutes
True
Is it theft of sanitation services if items such as mattresses etc. are placed next to a dumpster?
No. It’s required that the items are placed in the dumpster. However, charging the offending person with littering is appropriate.
Note: Violation of city ordinance 43.75 requires the officer to notify the offender that they are in violation of the ordinance if they do not properly dispose of the items. If they then refuse to remove the items, they may be arrested or issued an NTA. Florida statutes 403.413 (4) prohibits dumping and provides for the arrest of the person if the amount of litter exceeds 15 pounds or 27 cubic feet
Is it an arrestable offense for skateboarding on city streets or roadways?
No. City ordinance 43.73(2)(a) prohibiting skateboarding on streets by arrest is no longer imposable. A person skateboarding on a street or roadway should be issued a uniform traffic citation for violating Florida statute 316.2065 (12)
A person skateboarding on public property owned by the city (E. G., City sidewalks, City Hall, OPH, city parks, etc.) or other governmental entity (E.G., Orange county courthouse) may be issued an NTA or arrested For violating 43.73 (2) (a), Orlando city code. (T/F)
True
Can a person skiboarding on private property without the owner’s consent be issued and NTA or arrested for violating 43.73 (2)(B) Orlando city code?
Yes. This prohibition applies to all private property located within the city limits, as well as downtown Orlando. An NTA should be issued in lieu of arrest absent extenuating circumstances
Can juveniles found violating 43.73, Orlando city code be issued NTA’s?
No. Prior to transporting a juvenile arrested for a skateboarding violation to the juvenile assessment Center, an officer may attempt to contact the juvenile’s parent\guardian. If they were available or willing to pick up the juvenile from the scene a juvenile release agreement may be filled out at the scene. If the parent or guardian is unwilling or unavailable to pick up the juvenile from the scene, the juvenile should be transported to the JAC where a release agreement may still be completed if contact is made with parent or guardian.
What is the definition of a business whose principle business is the sale of alcoholic beverages?
Any business whose gross sales of alcoholic beverages compromises 51% or more of the total gross sales of food, nonalcoholic beverages and alcoholic beverages for on premises consumption during normal business hours
True or false? Package sales are permitted on licensed premises between 7 AM and 2 AM the following day Monday through Saturday. Package sales are permitted on Sundays between noon and midnight.
True
Do the same statute restrictions on commercial establishments whose primary purpose is the sale of alcoholic beverages apply to themepark complex or an entertainment\resort complex?
No.
What are the crimes that require a victim notification form to be filled out when an arrest is made?
Homicide, sexual offenses, attempted murder or attempted sexual battery, stalking, domestic violence
Whose responsibility is it to complete the victim notification form?
The arresting officer or the officer completing at large paperwork.
