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Describe the history of the American legal system.
- The American legal system is based primarily on English common law.
- form of social control including morality and religion
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Identify the types of law in America
- Constitutional
- Statutory law
- Ordinances
- Criminal law
- Case law
- Civil law
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Constitutional law defines the form of government we as Americans have established for ourselves; the constitution defines our representational government and its three branch structure which is?
- Executive branch
- Legislative branch
- Judicial branch
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The importance of the U.S. constitution to law enforcement officers.
- Constitution protects individuals from gov't abuse of power in defines law enforcement's authority to act
- Officers are required to abide by the limitations that the constitution sets and the case law decisions that interpret those limitations
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The first 10 amendments to the constitution are known as?
The bill of rights
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What is the purpose of the articles of the constitution?
- They form the constitution's main body
- Their purpose is to form a contract between the people of the U.S. and the U.S. gov't that spells out responsibilities and authority of the three branches of government
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Explain the supremacy of the U.S. constitution.
Set forth in article VI, the supremacy clause states that when laws conflict, Federal law generally overrules state and local law. State law can be more restrictive than Federal law, but it cannot undermine the Federal standard.
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State the purpose of the amendments to the constitution.
The amendments to the constitution affect law enforcement officers more than any other part of the constitution. Their purpose is to ensure that individual rights are not infringed upon by the government.
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This protects freedom of speech, press, peaceful assembly, and religion.
The first amendment
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Guarantees the right to bear arms. CH 790 of the Florida statutes set forth the guidelines regarding firearms in the state of Florida.
Second amendment
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Prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate/judge. Leo activities affected by this includes entry into homes, vehicles, luggage, purses, or other places where a person has reasonable expectation of privacy.
Fourth amendment
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Best known for prohibiting compelled self-incrimination. Also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.
- Fifth amendment
- Activities affected include interviewing and arresting suspects or taking other legal law enforcement action in violation of due process.
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Guarantees the right to a speedy and public trial, counsel, an impartial jury, to be informed of the nature of the charges, and to confront witnesses.
- Sixth amendment
- Activities affected making contact with a suspect who is represented by counsel
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Prohibits excessive bails and fines and cruel and unusual punishment.
- Eighth amendment
- Officer has little to do with fines or punishment other than making bond recommendation or request to the judge
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No state shall make or enforce any long which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdictions of the equal protection of the laws
- 14th amendment
- Fifth and 14th amendments require the government to be fair when taking away someone's life, liberty, or property.
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How does case law direct a law enforcement officers actions?
- Violating case law may have the same consequences as violating statutory law
- Violating case law could result in exclusion of evidence, case dismissal ,administrative discipline, civil liability, and criminal prosecution.
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The classification of felonies are
- Capital-life sentence without possibility of parole. First degree murder is the only capital felony for which the state may impose a penalty of death.
- Life-varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to 15,000.
- First-degree-Max penalty of 30 years up to $10,000.
- Second degree-Max penalty 15 years $10,000.
- Third-degree-Max penalty five years by $5,000.
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Identify the exceptions to the search warrant requirement (IN027.4)
Five exceptions that require probable cause are: plain view, mobile conveyance, destruction of evidence, fresh pursuit, emergency scene.
Five additional search warrant exceptions require less than probable cause: stop and frisk, incident to arrest, consent, inventoried, and administrative searches.
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Identify the abandoned property exception to the search warrant requirement (IN027.4A)
An example of abandoned property is the contents of trash. The owner of the trash has abandoned any expectation of privacy in the trash, so officers may seize it and search through it without a warrant.
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Identify the open fields doctrine as an exception to the search warrant requirement (IN027.4B)
Open where there is no reasonable expectation of privacy. Whether property is an open field or curtilage depends on the steps that the occupant takes to create an expectation of privacy, i.e. Fist and posted fields are given a higher degree of constitutional protection than areas that do not have such improvements.
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Identify the plain view exception to the searchwarrant requirement(IN207.4C)
- Any contraband an officer can see can be seized without a warrant as long as three conditions are met:
- 1. Officer is lawfully present in the place where he sees the item.
- 2. item is in plain sight.
- 3. The officer has probable cause to believe the item is contraband or crime evidence.
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Identify the probable cause search of a conveyance exception to the search warrant requirement(IN.207.4E)
- Carroll vs. U.S., 267 U.S. 132 (1925)
- Mobile conveyance search may be conducted without a warrant even if there was time to get a warrant. Scope of search under the Carroll doctrine extends to the entire vehicle and to all containers where the evidence could reasonably be found. May only search where facts and circumstances provide probable cause that the area contains contraband.
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Identify the exigent circumstances exception to Search warrant requirement.(IN027.4.F)
- The destruction of evidence is one of the exigent circumstances that permits search and seizure without a warrant.
- An emergency scene-the officer must have probable cause to believe that someone is in immediate danger.
- Fresh pursuit-to enter a residence or private place while chasing a suspect generally requires 1 probable cause the suspect committed a serious crime 2 immediate or continuous pursuit of the suspect 3 probable cause that the suspect is in the premises that is being entered without a warrant
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Identify the Plain Feel Doctrine as an exeption to the Search warrant requirement.(IN027.4H)
An officer who conducts a valid stop and frisk, and in the process feels an item he or she readily recognizes as contraband, may seize that contraband. Plain feel does not permit manipulation or groping of the object in order to identify. The officer mu
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What are the vehicle inventory exceptions to search warrant requirement.IN027.4I
Search must occur at or about the same time as the impoundment of the vehicle, in compliance with a written department policy. Any evidence or contraband found during a valid inventory search may be used against the defendant in court.
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What is the importance to regulatory searches. IN027.2.C.8
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Define the proper scope of a search.
IN027.1.D
The scope of constitutional searches is limited to the items being searched. Officer can search until he finds the item. Nature of the search should be based on the item the officer expects to find. Cannot search for stolen refrigerators in drawers, clothing and under the bed, these places would be unreasonable.
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What items can be seized after a lawful search. IN027.1.B
- Dangerous weapons
- Fruits of the crime-things a criminal receives as a result of committing a crime
- Instruments of the crime-things used to commit the crime
- Contraband
- Evidence relevant to providing the commission of a felony
- Items the fine by statute (CH. 933, Florida statutes-search an inspection warrants)
- Suspects
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What is the Florida Forfeiture and Contraband Act.IN027.1.I
- Florida statute 932.701 gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles.
- The government may sell or use the property for law enforcement purposes.
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What are the 4 standards of legal justification common to Law Enforcement? IN027.2
The law recognizes four standards of legal justification, usually listed from least to most liberty restrictions. 1 mere suspicion. 2 reasonable suspicion. 3 probable cause. 4 proof beyond a reasonable doubt.
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What actions can a leo take during a consensual encounter? IN027.C.3
Florida vs. Royer, 460 U.S. 491 (1983) Constitution doesn't prohibit officers from approaching pedestrians or motorists and engaging them in conversation and by asking them if they are willing to answer questions.
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What actions can a leo take based upon reasonable suspicion?IN027.1.E.1
Sometimes referred to as articulable suspicion/founded suspicion. A Terry stop may be performed if a officer has reasonable suspicion to believe that the person stopped was committing, is committing, or is about to commit a law violation.
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What are the totality of circumstances test? IN027.A.1
When deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident.
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What are sources of probable cause? IN027.E
- Sources that the courts recognizes as reliable.
- Fellow officer rule
- A citizen informant
- Corroborated (verified) anonymous tips
- Reliable and credible confidential informant
- Lineups
- Show up's
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What is the authority of leo under FL law to make an arrest? LE395.7
Chapter 901, Florida statutes, gives law enforcement officers the authority to make arrests
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ID The two types of arrest under FL Law.
LE395.7.B
- Arrest with a warrant Florida statutes 901.02
- Arrest without a warrant Florida statutes 901.15
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ID the four situations under which FL leo is authorized to make a warrantless arrest. LE395.7B2
- Person has committed a felony, misdemeanor, or violated ordinance in front of officer.
- Felony committed outside officers presence but officer has probable cause to believe the person committed it.
- Warrant for arrest has been issued and is being held by another law enforcement agency.
- Officer may not make an arrest for a misdemeanor which does not occur in his or her presence except for certain crimes.
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ID the exceptions to the misemeanor arrest requirements LE395.8
- Carrying a firearm in violation of an injunction 790.233
- Battery 784.03
- Act of retail theft 812.015
- Traffic offenses related to crash investigation 316.645 and 318.17
- Carrying a concealed weapon 790.02
- Disorderly conduct on premises of establishment 509.143
- That from dying or lodging establishment 509. 162-3
- Trespass on school grounds 810.097
- Position of cannabis -20 g 893.13-6-B
- Stalking 784.048
- Transit fare evasion 812.015-for
- Contributing to the delinquency/dependency of a minor 827.04
- Criminal mischief 806.13
- Trespass on certain properties 810.08
- Acts of domestic violence 741.28
- Violation of injunction for protection 741.31 and 784.047
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Exp. the concept of fresh pursuit.
LE395.7D
It is an exception to the general rule that a Florida officers arrest powers are limited to the jurisdiction of the agency that employs the officer.
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ID jurisdiction issues related to an arrest in Fresh Pursuit. LE395.7.D1
- Offense must have occurred within the pursuing officers jurisdictional boundaries
- If criminal offense was committed for which probable cause arrest may be made, the officer may leave is jurisdiction to arrest the subject
- Person must be continuous and uninterrupted; however, the pursuing officer does not need to be in constant visualcontact before making the arrest
- Commission of the offense and pursuit of the suspect must be closely related and time
- When arrest occurs in another jurisdiction arresting officer must notify the officer in charge of that jurisdiction and must take the suspect before a trial judge in the county where the arrest occurred
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Exp. the importance of the MIRANDA decision to L.E.
IN001.3D1
Put the burden of explaining fifth and sixth amendment rights on the law enforcement officer. Failure to do so could result in an admissibility of an admission or confession
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ID the key aspects of the Miranda decision. IN008.3A5
- Miranda vs. Arizona, 384 U.S. 436, 86 Supreme Court 1602 (1966)
- The right to remain silent
- The right to have an Atty. present when being questioned by a law enforcement officers
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When is Miranda warning required? IN008.3E2
Whenever a law enforcement officer conducts a custodial interrogation
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ID the concept of custody as related to Miranda. IN008.33
If a reasonable person in the subjects place believes that he or she is not free to leave then the subject is in custody and Miranda warnings or required
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What is the importance of a waiver of Miranda warnings? LE142.9b
The waiver ensures that the suspect understands his or her rights and will speak with the officer, it is preferred but not essential. Can be verbal or implied. Must be freely and voluntarily given.
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What restrictions are on police interview tactics? IN008.4c
Officers are not allowed to make threats, promising leniency, or create physical evidence for use during the interview. These examples are considered gross deception which will result in the suppression of any admissions or confessions obtained during the interview.
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How do you determine if a crime has been committed? IN023.5
The officer must have probable cause to believe that a crime has been committed (corpus delicti or body of the offense) and that the person charged committed the crime
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What are the four categories of criminal intent? IN023.3c
- General intent-defines most criminal offenses, which require some forbidden act by the offender.
- Specific intent-requires more than reasonable expectation of the result
- Transfer to intent-present when an intentional act harms an unintended second victim.
- Criminal/culpable negligence-consciously doing an act but the person knew or should have known was likely to cause injury.
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1. The offender knowingly and unlawfully obtained or used or endeavored to use the property of another.
2. The offender did so with intent, temporarily/permanently, to deprive victim of his or her right to the property or any benefit from it with the intent to deprive the victim of its use, or appropriate the property of the victim to his or her own use or to the use of any person not entitled to it.IN023.3a1
Theft
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1. The offender knowingly did the following:
Took possession of or carried away merchandise
Alerted or removed a label or price tag from merchandise
Transferred merchandise from one container to another
Removed a shopping cart from a merchants premises
2. The offender intended to deprive the merchant of the possession, use, benefit, or full retail value of the merchandise or shopping cart. IN023.3a2
812.015-1 Retail Theft
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1. The offender took money/property from the victim or custody of the victim
2. Force, violence, assault, or putting in fear of violence was used in the course of the taking.
3. The property taken was of some value.
4. The taking was with the intent to permanently/temporarily deprive the victim of his or her right to the property or any benefit from it. IN023.3a3
812.13 Robbery
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1. The offender entered and or remained in a structure or conveyance owned by or in the possession of the victim
2. The offender did not have the permission or consent of the victim
3. At the time of entering or remaining in the structure or conveyance, the offender had a fully formed, conscious intent to commit the crime that is listed in the charge. IN023.3a4
810.02 Burglary
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ID all persons related to an incident involving a crime. IN026.1
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ID criteria for criminal responsibility.IN026.2
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What are the legal defenses of criminal responsibility?IN023.4
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What are the basic concepts and rules of evidence?LE089b.5A
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What are the three primary categories of evidence?LE089b.5a4
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What are the three basic reasons why evidence is offered in court?LE089b.5a8
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ID three primary reasons for evidence rules.LE089b.5a10
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ID the general rules for excluding evidence.LE089b.5a11
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What are the four specific requirements that officers must be aware of to ensure admissibility of evidence?LE089b.5a13
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What are the types of privileged communication protected under chapter 90, Florida statutes?LE089b.5a14
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What is the purpose of a probable cause affidavit?LE395.2b
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Where the elements of a probable cause affidavit? LE395.2c
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What supplemental information can you use with a probable cause affidavit? LE395.2d
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What are the factors used in objective reasonableness standard?IN029.3
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What questions will an officer have to answer in any use of force situation? IN029.3a
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What law authorizes law enforcement officers to use force in making arrest? IN029.1a
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When can law enforcement officers use force to apprehend escaped inmates? IN029.1a4
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When can an officer use deadly force to apprehend a fleeing felon? IN029.1b4
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When can a law enforcement officer use force during an investigative detention? IN029.1a6
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When can a law enforcement officer use force to prevent an arrested person from escaping custody? IN029.1a3
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When can individuals use deadly force in self defense or a defensive others? IN0291b5
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When may individuals use force in the protection of their property? IN0291a5
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What are examples of intentional torts?IN025.5a
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IN025.3
Elements of negligence
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What are two major categories of damages?IN0254a
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How can an officer be subject to criminal liability?IN025.1a
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ID the impact of an officer who is found civilly or criminally liable.IN025.4
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What are the different types of agency liability?IN025.2
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What legal defenses do officers have when faced with potential civil or criminal liability?IN025.6
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ID the effect of sovereign immunity law, section 768.28 Florida statutes, in state civil actions.IN025.6c1
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What are the key aspects of chapter 111 Florida statutes?IN025.6c2
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What is the concept of qualified immunity?IN025.6c3
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What is and officers response to a landlord-tenant dispute?LE061b.7
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What are the three categories of residential or sleeping accommodations? LE061b.71
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What is an officers response to repositions of property? LE061b.8
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What is an officer the response to the removal or towing of vehicles or vessels from private property? LE061b.9
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What is in the officer's response to recover a vehicle's from tow yards? LE061b.10
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What is an officer's response to a motor vehicle repair dispute? LE061b.11
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What is an officers response to child custody disputes? LE061b.12
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What is a response to a real property boundaries disputes? LE061b.13
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What is and officers response to a dispute over stolen property in the custody of a pawnbroker? LE061b.14
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What are the procedures for taking a juvenile into custody?LE461.6
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What are the procedures for handling juvenile traffic offenders?LE026.14.B
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What are the procedures for interrogating juveniles?IN006.4
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What are the standards required for searching a juveniles personal property at school?LE461.6.B
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What are the duties of the communications officer?IN012.5.B.5
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How do you write a bolo report of the person, property, or vehicle?LE047.3
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Identify officers response to community expectation.IM030.3.A
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Identify how officers responses can be influenced by his or her thoughts.IN030.4.A
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What are some techniques for self-control?IN30.1
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What are some emotional triggers that may influence and officers behavior?IN030.4.A.3
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ID ways to understand and provide feedback.IN030.18
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What impact 10 different age groups have on the community?IN030.12.A
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Lists the proper steps to prepare for a interview.IN008.3
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What are the primary responsibilities of the interviewer? IN 008.3.A
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Identify when to interview.IN008.1
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Identify who to interview.IN008.2
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What primary factors influence the success of an interview?in008.3.c
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Where is an appropriate location for an interview?in008.3.f
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What interview techniques encourage people to explain fully?LP142.10.C
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What are elements of the interview process?IN08.4.B
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How do you know it's the information gained during an interview is suitable for submission to court?IN008.6.B
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How can an officer evaluate the effectiveness of an interview?IN008.6
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ID how to document the interview.IN008.5.a
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ID the procedures to follow in taking notes.IN010.2
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When should statements be obtained?IN011.1.A
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What should you do if a person is unable or unwilling to sign a statement?IN011.13.A/B
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When can an officer of notarize a statement according to Florida law? IN011.15
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Identified types of crisis.INs07.2.B2
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Identify behaviors of persons in crisis.IN007.2.B.3
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What are the common characteristics of juvenile offenders?IM006.4.A.3
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Identify attributes of an officer who is affected in dealing with juvenile as.IN006.4.A.2
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What actions can an Officer take when responding to a juvenile offender?IN006.4.A
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Summarize characteristics of the elderly population.IN006.1.K.1
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What are physiological changes related to the aging process?IN006.1.K
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How should you communicate with elderly people?IN006.1.K.2
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What resources are available to provide assistance to the elderly?IN006.6.H
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List suicide indicators.IN007.5.A.1
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IN006.1.A.2
Substance abuse
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IN006.1.A.3
Substance dependence
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