When can prosecution for human trafficking commence?
At any time
What is the violation for any person, firm, or corporation to be in possession of spiny lobster during the closed season or, while on the water
2nd degree misd
What is the violation for any person, firm, or corporation to be in possession of 25 or more spiny lobster or second offense?
1st degree misd
The second or third offense violation for any person, firm, or corporation to be in possession of spiny lobster
3rd degree FELONY
Divers may use a "divers-down buoy" in lieu of a divers-down flag of how many inches?
at least 12 inches by 12 inches on three or four flat sides
Failing to remain at the scene of an accident involving seriously bodily injury is a violation of?
2nd degree FELONY
A first offense of deriving support from proceeds of prostitution
is a felony of second degree
a second offense is now a felony of the first degree
a third or subsequent offense is now a felony of the first degree with a mandatory minimum term of imprisonment
Who may refer a sexually violent predator for involuntary civil commitment
A State Attorney
A dangerous sexual felony offender who commits an offense on or after October 1, 2014 must be sentenced to a mandatory minimum term of
50 years imprisonment up to, and including, life imprisonment
Penalties are increased for sexual battery, and enhanced when the defendant is 18 or older and the victim
12-18
A person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is 60 years of age or older; a disabled adult; a public servant; a veteran; a first responder; an individual who is employed by the State of Florida
commits a felony of the second degree
It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any nicotine
product or a nicotine dispensing device (including an electronic cigarette), it is a violation of?
2nd degree misdemeanor for first offense or
or a misdemeanor of the first degree if second or subsequent offense within 1 year
It is unlawful for any person under 18 years of age to knowingly possess any nicotine product or a nicotine dispensing device, what is the punishment?
Violation is punishable by 16 hours of community service or a $25 fine and the minor must attend a school approved anti-tobacco and nicotine program, if locally available
For a third or subsequent violation within 12 weeks of the first violation, the minor's license shall be suspended
To arrest for a violation of DISORDERLY CONDUCT based strictly on language (as opposed to physical action), an officer must observe (LG 6)
observe the suspect using "fighting words:' words which by their very utterance inflict injury or tend to incite an immediate breach of the peace, or words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others
Which U.S. Supreme Court case applies the reasonableness standard in determining whether excessive force is used (LG 7)
Graham v. Conner
Which court case state:
"Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force: (LG7)
Tennessee v. Garner
Use of Force in Defense of Person DOES NOT apply (LG7)
the person against whom force was used had a lawful right to be in the residence or vehicle, and there was no injunction or court order against him or her
the person being removed was a child, grandchild, or otherwise in the lawful custody of the person against whom force was used;
the person using deadly force was engaged in an unlawful act;
the person against who deadly force was used was a law enforcement officer engaged in the performance of official duties, and the officer identified himself or herself or the person using force should have recognized him or her as an office
a principal may be arrested by his surety within how many years from the date of forfeiture of the bond (LG 8)
2 years
How can a bail bondsmen authorize a peace officer to make the arrest for a misdemeanor or felony not committed in their presence?
by endorsing the authorization on a certified copy of the bond
A detention for the purpose of issuing a trespass warning on behalf of a private owner, absent other circumstances giving rise to a reasonable suspicion of other criminal activity, is a what kind of contact by a LEO and citizen. (LG9)
CONSENSUAL ENCOUNTERS
Does police officers have the legal authority
to conduct an investigatory stop or arrest for trespassing
NO, unless the owner or his agent first warned the potential trespasser
Knowingly and willfully providing false information to a law enforcement officer conducting a missing persons or felony criminal investigation with intent to mislead the officer or impede the investigation is a violation of (LG9)
misdemeanor of the first degree
What had started out as a consensual inquiry may escalate into an investigatory procedure when police officers?
retained defendant's property. By retaining the property, police made the defendant not free to leave.
Does reading a person Miranda rights automatically transform a consensual encounter into a seizure
FALSE
When does a consensual encounter transformed into a detention
if a pat-down search is conducted
"A tip by a citizen-informant, as opposed to an anonymous tipster, is entitled to
a presumption of reliability and does not require further corroboration
TRUE OR FALSE
Is an informant whose identity is readily ascertainable considered an anonymous tipster
FALSE
The Court held that an anonymous tip may permit a reasonable suspicion stop but only after
The tip has been independently corroborated.
What is one of the most common pitfalls in the area of reasonable suspicion and probable cause
The timing of an officer's arrest, an officer frequently acts prematurely and as a result nullifies what might have been a valid arrest
Under certain circumstances, what an officer intends to be an investigatory stop may be transformed into?
A de facto arrest
absent other circumstances, if an investigatory stop continues on for too long, beyond the amount of time reasonably necessary to effectuate its purpose, it becomes
A de facto arrest
TRUE OR FALSE
The use of handcuffs does not automatically turn an investigatory stop into a de facto arrest
TRUE
What's the highest level of contact a law enforcement officer may have with a citizen
probable cause to arrest
Probable cause depends upon
probabilities, not certainties
To verify that citizen or informant knows what he or she is talking about is known as?
"basis of knowledge."
Before the courts will find probable cause based on the informant's information, the officer must be sure that the informant is
both "reliable" and that he or she has a "basis of knowledge
The "fellow officer rule" does not allow an officer who does not have firsthand
knowledge of what kind of investigation to testify as to hearsay regarding incident
A traffic stop
What is the most minimal intrusion an officer can make
To request information
A second, more intrusive contact with a citizen is based upon
The common-law right to inquire.
There is no automatic right to frisk a suspect during which encounter with a citizen
During an investigatory stop....the officer must be able to articulate some specific factual basis for believing that the suspect is armed before conducting a pat-down
When does an officer need not have any reasonable suspicion to frisk a person?
when they are about to voluntarily become a passenger in a officer's vehicle
Although incriminating certain acts have been held not to be within the Fifth Amendment protection such as
furnish a blood sample,
to provide a hand writing exemplar,
a voice exemplar;
to stand in a lineup,
and to wear particular clothing,
While police are permitted to take handwriting and voice samples as part of the identification process, courts have consistently held that the taking of blood samples and breath tests are protected under?
searches and seizures subject to the protections of the 4th Amendment
With regard to Miranda warnings, in cases involving juveniles, a court should consider
the methodology employed to
administer the Miranda rights
the age, experience, background, and intelligence of the child
whether the parents were
contacted and whether the child had an opportunity to speak with them prior to giving the statement
whether the questioning occurred in the station house
whether the child executed a written waiver of rights
During questioning by law enforcement, if s juvenile indicates to police that he or she does not wish to speak to them until he or she has had an opportunity to speak with parents, what must occur?
The questioning must cease
In deciding whether Miranda applies, the Court
will inquire as to
(1) what circumstances surround the interrogation
(2) would a reasonable person have felt he or she was not at liberty to terminate the interrogation
Which amendment provides that "no person shall be compelled in any criminal case to be a witness against himself
Fifth
Define The EDWARD Rule? (LG13)
The fact that the accused has previously answered some questions does not prevent him or her from terminating the interrogation. The Court held that under the "Edwards Rule" counsel must be made available and must be present during questioning
When does the Edward Rule no longer apply?
After a 14-day break in custody, police may attempt to once again initiate questioning even though the suspect is not accompanied by an attorney.
When does the Edward Rule no longer apply? (LG13)
The U.S. Supreme Court has ruled that when a suspect who has requested an attorney is re-leased from pretrial custody for 14 days or more
Unlike the right to counsel, if the suspect invokes the right to remain silent,
police may resume questioning after the passage of a significant period of time, if the suspect is reminded of the Miranda rights. The questioning should concern a different topic than the earlier questioning
If a suspect waives his or her Miranda rights on one criminal charge, can they be questioned on unrelated charges?
yes....Miranda does not need to be re-administered
What amendment is offense specific once it is attached?
Sixth Amendment right to counsel, Once the right has attached for a given charge, the suspect cannot be questioned about that charge without counsel present
TRUE OR FALSE
A waiver of the Sixth Amendment right to counsel is not valid if police fail to inform
the suspect that an attorney is trying to reach him or her.
True
Exceptions to the rule which requires issuance of an arrest warrant before an arrest can be made inside a home are
suspect has committed a violent crime, and he or she is inside the premises and armed and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens.
If an officer obtains a consent to enter the premises from an owner or lessor, an arrest warrant is not required to enter the premises.
"Hot pursuit" of a fleeing felon
When is Hot pursuit of a fleeing misdemeanant is only permissible?
The misdemeanor is punishable by a jail sentence
What must consist in an application for a warrant?
testimony from witnesses or supporting affidavits, or depositions in writing, to support the application
To establish reliability from an informant, the court must decided if he/she is
shown to be trustworthy
Generally, courts adhere to how many days a between the events described in the affidavit and issuance of a search warrant.
30-day rule of thumb
Courts may extend the general rule of the issuance of a warrant based on what "freshness" factors such as?
evidence of a pattern of ongoing criminal activity;
the nature of the object sought;
the nature of the criminal activity involved;
whether there was a continuing flow of information or an ongoing investigation;
and the size or supply of the contraband as it relates to the suspect's ability to dispose of it quickly
When can an individual can be searched when the warrant is executed
If the warrant mentions a particular person
When can an officer detain persons on the premises during the execution of a search warrant
When there is reasonable basis to detain
When are officers permitted to detain subjects on the property while executing a search warrant
Officers may detain anyone found in the residence, regardless of whether or not the occupant is a suspect named in the warrant, and may use reasonable force in detaining the occupants
An officer must execute a search warrant when how many days of issuance?
10 days
Who is permitted to execute search warrants?
Only the officer or officers mentioned in the warrant or persons aiding said officers
How much time was deemed insufficient after a knock and announce entry?
a five -second delay between announcement and entry was not sufficient
How many U.S. Supreme Court cases, Court held that "an unannounced or forced entry was reasonable under circumstances including a likelihood of violence or of imminent destruction of evidence
Two- Richards v. Wisconsin, 520 U.S. 385 (1997), and Wilson v. Arkansas, 524 U.S. 927 (1995),
Under what circumstances did the court state that an entry without announcement is valid where
the person inside knows of the authority and purpose of the warrant
the officers are justified in their belief that the person inside may be in imminent peril of bodily harm
where the officers' peril would have been incurred by announcement
where the officers are justified in their belief that escape or destruction of evidence is being attempted.
The search of a person and the area within the person's control without a search warrant when a lawful arrest is effected to
protect the officer from attack;
prevent the person from escaping
discover the fruits of the crime
A peace officer may also enter a citizen's home without a search warrant to prevent the imminent use of a dangerous weapon, or to prevent the potential destruction of evidence is known as
This exception is known as the "exigent circumstances"
"A police officer in the scope of his duties may approach a suspect's front door and knock in an attempt to talk to that suspect, however an officer is not allowed to do what with a warrant
the officer may not enter a back yard without
a warrant
What are the four factors the court looks for to determine curtilage
the proximity of the area claimed to be curtilage to the home
whether the area is enclosed
the types of activities for which the homeowner uses the area
the measures taken by the resident to guard the area from observation by people passing by
The Court reasoned that Federal law only allows wiretaps for what offenses?
murder,kidnapping, drug crimes and crimes "dangerous to life, limb or property" and under Florida law, prostitution is a misdemeanor (the prosecution unsuccessfully argued that the risk of AIDS made prostitution a dangerous crime).
The warrantless seizure of a piece of evidence that is in plain view is permissible when what three criteria s are met.
the evidence must be seen from a lawful vantage point, the officer must have a legal justification for his place of observation.
it must be immediately apparent to the viewer that the object observed is incriminating evidence
the officer must have a right of lawful access to the object itself.
Warrantless search of a person or his residence by his parole officer can be made under what conditions?
warrantless search are limited to parole proceedings and cannot be used in a criminal proceeding and based on reasonable suspicious of criminal activity
What rule was adopted in Mapp v. Ohio and what did it state in regards to "knock and announce". LG30
The "Exclusionary Rule"
the Fourth Amendment was a limitation upon the Federal government only. Evidence found by private investigators, with no connection to the U.S. Government, was admissible against the defendant in Federal Court
the Supreme Court reinforced this exception by finding that evidence gained during an arrest made on the basis of an erroneous clerical mistake of court employees was admissible
"Good Faith Exception"
An officer can stop a vehicle for one of two reasons which are
If there is a suspected violation of the vehicle and traffic laws.
Where the officer has a reasonable suspicion that the car's occupants have been, are presently, or are about to engage in conduct which is in violation of the law.
In making this determination a mobile home is being used for transportation rather than mobile, the officer should consider
location of the mobile home,
whether it is truly mobile {or, for example, on blocks);
whether the motor home is licensed; whether it is connected to utilities; and
whether it has convenient access to a public road
Upon a showing of probable cause, police can make a warrantless search of
A mobile home
The Supreme Court held that Roadblocks should be directed towards
administrative purposes, such as ensuring highway safety
Roadblocks must not be motivated by
"the general interest in crime control:'
"automobile exception" provides that:
"In this class of cases,a search is not unreasonable if based on facts that would justify the issuance of a warrant, even though the warrant has not been actually obtained.
in the case of Arizona v. Cant, when an officers arrests the driver of or a passenger in a vehicle, the officer may search the passenger compartment of the vehicle incident to the arrest only if
the arrestee is within "reaching distance" of the passenger compartment at the time of the search, or
• it is reasonable to believe the vehicle contains evidence of the offense of arrest
What is the speedy trial period for misdemeanors
90 days.
The speed time period time period for felonies
175 days
If a felony and misdemeanor are
consolidated for hearing in circuit court, the speedy time period is
175 days from arrest
Any person who willfully refuses to accept and sign a summons is guilty of
misdemeanor of the second degree
A person charged with a noncriminal traffic infraction shall be brought to trial within how many days from date of service
180 days of the date of service. A
dismissal will result if the trial is not held within 180 days
What are the criteria's for for issuing a notice to appear?
residence and length of residence in the community
