1. When can prosecution for human trafficking commence?
    At any time
  2. 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
  3. 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
  4. The second or third offense violation for any person, firm, or corporation to be in possession of spiny lobster
    3rd degree FELONY
  5. 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
  6. Failing to remain at the scene of an accident involving seriously bodily injury is a violation of?
    2nd degree FELONY
  7. 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
  8. Who may refer a sexually violent predator for involuntary civil commitment
    A State Attorney
  9. 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
  10. Penalties are increased for sexual battery, and enhanced when the defendant is 18 or older and the victim
  11. 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
  12. 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
  13. 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
  14. 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
  15. Which U.S. Supreme Court case applies the reasonableness standard in determining whether excessive force is used (LG 7)
    Graham v. Conner
  16. 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
  17. 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
  18. a principal may be arrested by his surety within how many years from the date of forfeiture of the bond (LG 8)
    2 years
  19. 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
  20. 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)
  21. 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
  22. 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
  23. 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.
  24. Does reading a person Miranda rights automatically transform a consensual encounter into a seizure
  25. When does a consensual encounter transformed into a detention
    if a pat-down search is conducted
  26. "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
    Is an informant whose identity is readily ascertainable considered an anonymous tipster
  28. The Court held that an anonymous tip may permit a reasonable suspicion stop but only after
    The tip has been independently corroborated.
  29. 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
  30. Under certain circumstances, what an officer intends to be an investigatory stop may be transformed into?
    A de facto arrest
  31. 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
    The use of handcuffs does not automatically turn an investigatory stop into a de facto arrest
  33. What's the highest level of contact a law enforcement officer may have with a citizen
    probable cause to arrest
  34. Probable cause depends upon
    probabilities, not certainties
  35. To verify that citizen or informant knows what he or she is talking about is known as?
    "basis of knowledge."
  36. 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
  37. 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
  38. What is the most minimal intrusion an officer can make
    To request information
  39. A second, more intrusive contact with a citizen is based upon
    The common-law right to inquire.
  40. 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
  41. 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
  42. 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,
  43. 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
  44. 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
  45. 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
  46. 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
  47. Which amendment provides that "no person shall be compelled in any criminal case to be a witness against himself
  48. 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
  49. 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.
  50. 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
  51. 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
  52. 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
  53. 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
    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.
  55. 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
  56. When is Hot pursuit of a fleeing misdemeanant is only permissible?
    The misdemeanor is punishable by a jail sentence
  57. What must consist in an application for a warrant?
    testimony from witnesses or supporting affidavits, or depositions in writing, to support the application
  58. To establish reliability from an informant, the court must decided if he/she is
    shown to be trustworthy
  59. 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
  60. 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
  61. When can an individual can be searched when the warrant is executed
    If the warrant mentions a particular person
  62. When can an officer detain persons on the premises during the execution of a search warrant
    When there is reasonable basis to detain
  63. 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
  64. An officer must execute a search warrant when how many days of issuance?
    10 days
  65. Who is permitted to execute search warrants?
    Only the officer or officers mentioned in the warrant or persons aiding said officers
  66. How much time was deemed insufficient after a knock and announce entry?
    a five -second delay between announcement and entry was not sufficient
  67. 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),
  68. 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.
  69. 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
  70. 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"
  71. "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
  72. 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
  73. 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).
  74. 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.
  75. 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
  76. 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
  77. 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"
  78. 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.
  79. 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
  80. Upon a showing of probable cause, police can make a warrantless search of
    A mobile home
  81. The Supreme Court held that  Roadblocks should be directed towards
    administrative purposes, such as ensuring highway safety
  82. Roadblocks must not be motivated by
    "the general interest in crime control:'
  83. "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.
  84. 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
  85. What is the speedy trial period  for misdemeanors
    90 days.
  86. The speed time period time period for felonies
    175 days
  87. If a felony and misdemeanor are
    consolidated for hearing in circuit court, the speedy time period is
    175 days from arrest
  88. Any person who willfully refuses to accept and sign a summons is guilty of
    misdemeanor of the second degree
  89. 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
  90. What are the criteria's for for issuing a notice to appear?
    • residence and length of residence in the community
    • family ties in the community
    • employment record
    • character and mental condition
    • past record of convictions
    • past history appearances at court proceedings
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