Chapter 3 Legal

Ordinances and Civil Law

• Ordinances apply only within the jurisdiction of the governmental entity that enacted them
• Ordinance violations can be criminal or civil infractions
• Ordinances cannot conflict with state, federal, or case law

Civil Law

• Civil law is a legal action taken to resolve a non-criminal private dispute between individuals
• Examples of civil law disputes include child custody issues, landlord-tenant disputes, and property boundary issues
• Civil law does not permit law enforcement action beyond keeping the peace and referring to the appropriate jurisdiction
• In civil lawsuits, a court-recognized cause of action is required

Administrative Law

• Administrative law establishes the operations and procedures of governmental agencies
• It governs the internal operations of these agencies and ensures they do not abuse their power
• Examples include Chapter 11B, Florida Administrative Code (F.A.C.), which governs the training and certification of law enforcement officers

Case Law

• Case law is the body of law formed by the decisions of the court system
• Court-imposed decisions are based on the court's interpretation of constitutional provisions and clarify the meaning of a Florida statute or a Florida rule (F.A.C.) as applied to a specific set of facts
• Court decisions influence how law enforcement officers perform their duties

Law Systems

• Laws protect rights, freedoms, and lives, and maintain order, protect ownership of property, regulate businesses, and raise money for state and federal governments
• The U.S. Constitution outlines the form of government Americans have established and defines the three-branch structure
• Constitutional law identifies the powers and limitations of each branch of government: legislative, executive, and judicial

Constitutional Law

• Constitutional law upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by the Federal District Courts and Supreme Court
• Florida has its own state constitution, which generally parallels the U.S. Constitution
• The supremacy clause of the federal Constitution states that when laws conflict, federal law generally overrules state and local law

Statutory Law

• Statutory law is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need
• Statutory law includes criminal, civil, administrative, and regulatory laws
• Criminal law identifies behaviors deemed unacceptable by society and sets punishments for those behaviors

Appellate Courts and Precedent

• An appellate court's ruling, known as a precedent, must be followed unless changed by a higher court.
• Appellate courts hear and review appeals from lower court cases.

Jurisdiction and Case Law

• Each circuit court ruling is binding for that jurisdiction, which can lead to differing case law in neighboring circuits.
• It's essential to know and follow case law in your jurisdiction.

Staying Current with Changes

• Rules and case law can change based on revisions to statutes and their interpretations.
• Keeping current with changes is crucial to avoid legal issues.
• Reliable sources for staying current include agency bulletins, legislative updates, and official websites.

Agency Policies and Procedures

• Law enforcement agencies establish policies and procedures to guide daily activities and meet specific needs.
• These policies can be more restrictive than state and federal laws.
• Familiarity with agency policies and procedures is essential.

Probable Cause

• Probable cause is determined by evaluating the totality of circumstances in a case.
• Examples of probable cause include matching physical descriptions and possession of stolen property.

Ordinances and Statutory Law

• Ordinances apply only within the jurisdiction of the enacting governmental entity.
• Ordinances cannot conflict with state, federal, or case law.

Civil Law

• Civil law resolves non-criminal private disputes between individuals.
• Law enforcement involvement in civil law situations is generally limited to keeping the peace and referrals.

Administrative Law

• Administrative law establishes operations and procedures for governmental agencies.
• It governs internal agency operations and prevents abuse of power.

Case Law and Court Decisions

• Case law is formed by court decisions that interpret constitutional provisions and statutes.
• Court decisions influence law enforcement duties and procedures.

Constitutional Law

• The U.S. Constitution outlines the form of government in the United States and defines the three-branch structure of government: legislative, executive, and judicial. • Constitutional law identifies the powers and limitations of each branch of government. • The Constitution upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution.

Three Branches of Government

• Legislative branch: responsible for creating laws. • Executive branch: responsible for enforcing laws. • Judicial branch: responsible for interpreting laws.

Florida State Constitution

• The Florida Constitution generally parallels the U.S. Constitution. • The Florida Constitution affords Florida residents the same level of rights or greater than they derive from the federal Constitution.

Supremacy Clause

• 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.

Statutory Law

• Statutory law is written and enacted by Congress, state legislatures, or local governing authorities. • Statutory law includes criminal, civil, administrative, and regulatory laws.

Criminal Law

• Criminal law identifies behaviors deemed unacceptable by society. • Criminal law sets punishments for those behaviors.

Ordinances

• Ordinances are laws enacted by a municipal (city) or county government. • Ordinances regulate matters of narrow application, such as curfews for minors, restrictions on the hours when alcohol may be sold, or parking regulations.

Importance of Agency Policies and Procedures

• Staying current with agency policies and procedures is crucial for law enforcement officers. • Examples of agency policies and procedures include wearing body cameras, using conducted electrical weapons (CEWs), engaging in vehicle pursuits, maintaining uniform standards, and following arrest procedures.

U.S. Constitutional Amendments

• The U.S. Constitution sets parameters within which the government operates and establishes laws. • As a law enforcement officer, your main objective is to protect the constitutional rights of everyone within the United States.

Articles of the Constitution

• The Articles of the Constitution form the Constitution's main body. • The Articles spell out the responsibilities and authority of the three branches of government.

Constitutional Amendments of Special Note

• Ordinances apply only within the jurisdiction of the governmental entity that enacted them. • Ordinances cannot conflict with state, federal, or case law.

Civil Law

• Civil law is the legal action that a person takes to resolve a non-criminal private dispute with another person. • Examples of civil law situations include child custody issues, landlord-tenant disputes, and property boundary issues.

Administrative Law

• Administrative law establishes the operations and procedures of governmental agencies. • Administrative law governs the internal operations of these agencies and ensures that they do not abuse their power.

Case Law

• Case law is the body of law formed by the decisions of the court system (the judicial branch). • Court decisions influence how law enforcement officers perform their duties.

Constitution and Amendments

• The Constitution ensures that all people stand equal before the law and share certain rights.
• The Bill of Rights (first 10 amendments to the U.S. Constitution) is crucial for law enforcement officers.

Important Amendments

• First Amendment: Protects freedom of speech, press, peaceful assembly, and religion.
• Second Amendment: Guarantees the right to bear arms.
• Fourth Amendment: Prohibits unreasonable search and seizure, and may require a warrant signed by an independent magistrate (judge).
• Fifth Amendment: Prohibits compelled self-incrimination, requires grand jury indictment for capital crimes, and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.
• Sixth Amendment: Establishes a right to a speedy trial, impartial jury, and assistance of counsel.
• Eighth Amendment: Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines.
• Fourteenth Amendment: Establishes due process and equal protection of the laws.

Constitutional Law

• The Constitution outlines the form of government in the United States and defines the representational government and its three-branch structure.
• Constitutional law identifies the powers and limitations of each branch of government: legislative, executive, and judicial.
• Constitutional law upholds standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by the Federal District Courts and Supreme Court.

Florida Constitution and Statutory Law

• The Florida Constitution affords Florida residents the same level of rights or greater than they derive from the federal Constitution.
• The supremacy clause of the federal Constitution 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.
• Statutory law includes criminal, civil, administrative, and regulatory laws.

Due Process

• Due process means that laws must be applied fairly and equally to all people, including those accused of a crime.
• The government cannot deprive anyone of their life, liberty, or property without cause.
• There are two main types of due process: substantive and procedural.
• Substantive due process refers to the fair and consistent enforcement of the law.
• Procedural due process refers to the procedures that must be followed to protect a person's rights during a criminal justice process.

Amendments

• The Sixth Amendment guarantees the right to a speedy and public trial, the right to a fair jury, the right to an attorney, the right to be informed of the nature of the charges, and the right to confront witnesses.
• The Eighth Amendment prohibits excessive bails and fines and cruel and unusual punishment.
• The Fourteenth Amendment expands the application of the Bill of Rights to state and local governments.

Fourth Amendment

• The Fourth Amendment guarantees the protection of people from governmental intrusion into areas where they have a reasonable expectation of privacy.
• Examples of reasonable expectation of privacy include a personal residence, a car, and a public restroom.
• The Fourth Amendment prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances.
• A search occurs when an officer intrudes into a place where a person has a reasonable expectation of privacy.
• A seizure occurs when an officer affects a person's right to have or control their property, usually by physically taking it.

Search Warrants

• The Fourth Amendment generally requires officers to obtain a search warrant before intruding into a place where an individual has a reasonable expectation of privacy.
• A search warrant is a court order that authorizes law enforcement to conduct a search and seizure.
• The search warrant process is set up to protect people's rights by issuing a search warrant correctly.

Law Enforcement

• Law enforcement officers must develop a keen awareness of the legal justification at each point during an incident.
• Officers must document and be prepared to explain, in court, their actions and the legal justifications for each of them.
• Officers should explain their actions to the person they are stopping or arresting, and give them a chance to ask questions.
• Procedural justice can help officers articulate and explain their actions in a legal context.

Types of Offenses

• Non-criminal violation: offense punishable by fine, forfeiture, or other civil penalty, not punishable by incarceration
• Ordinance violations: can be criminal or non-criminal, may carry up to 60 days in jail or a $500 fine, or both
• Misdemeanors: criminal offenses with maximum incarceration penalty of up to 1 year in county jail
  • Classified by degrees: 2nd degree (max 60 days, 500fine,orboth)and1stdegree(max1year,500 fine, or both) and 1st degree (max 1 year, 500fine,orboth)and1stdegree(max1year,1,000 fine, or both)
• Felonies: criminal offenses with maximum penalty of death or incarceration in state correctional facility for more than 1 year
  • Classified by severity: 5 classes, each with a specific penalty and fine

Classification of Offenses

• Felony: 3rd degree (max 5 years, 5,000fine,orboth),2nddegree(max15years,5,000 fine, or both), 2nd degree (max 15 years, 5,000fine,orboth),2nddegree(max15years,10,000 fine, or both), 1st degree (max 30 years to life, $10,000 fine, or both)
• Life felony: lifetime incarceration without possibility of parole, $15,000 fine, or both
• Capital felony: death or life incarceration without possibility of parole
• Misdemeanor: 2nd degree (max 60 days, 500fine,orboth),1stdegree(max1year,500 fine, or both), 1st degree (max 1 year, 500fine,orboth),1stdegree(max1year,1,000 fine, or both)
• Non-criminal violation: fines vary depending on the nature and type of violation

Parties to a Crime

• Two categories: principals and accessories

Criminal Intent

• Criminal intent: conscious decision to deliberately engage in an unlawful or negligent act, or to harm someone else
• Elements of a criminal act: criminal statute or ordinance specifically prohibits the act, person committing the act did so knowingly or intentionally
• Probable cause: fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
• Proving criminal intent is fundamental to the criminal justice system, separates an accident from a crime

Non-Criminal Violations

• A non-criminal violation, also known as a civil infraction, is an offense that carries a penalty of a fine, forfeiture, or other civil penalty.
• Non-criminal violations do not constitute a crime and are not punishable by incarceration.
• An example of a non-criminal offense is a traffic violation, such as failure to yield the right-of-way.

Ordinance Violations

• Municipal and county ordinances can be criminal or non-criminal.
• A local criminal ordinance violation may carry up to 60 days in a county jail or a $500 fine, or both.
• A non-criminal ordinance fine is not limited in amount.

Misdemeanors

• A misdemeanor is any criminal offense with a maximum incarceration penalty in a county jail of up to one year.
• Misdemeanors are classified by degrees based on the maximum penalty and fine associated with the offense.
• A second-degree misdemeanor carries a maximum penalty of 60 days in a county jail, a fine of up to $500, or both.
• A first-degree misdemeanor carries a maximum penalty of one year in a county jail, a fine of up to $1,000, or both.

Felonies

• A felony is any criminal offense committed where the maximum penalty is death or incarceration in a state correctional facility for more than one year.
• Felonies are classified based on the severity of the offense’s maximum or minimum penalty.
• A third-degree felony carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.
• A second-degree felony carries a maximum penalty of 15 years in a state correctional facility, a fine of up to $10,000, or both.
• A first-degree felony carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
• A life felony carries a penalty of lifetime incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both.
• A capital felony is the highest class of felony, with a penalty of death or life incarceration in a state correctional facility without the possibility of parole.

Understanding the Florida Statutes

• In some offenses, not all elements are required to establish the criminal act, and the word "OR" is used to indicate this.
• The later subsections of the statute outline the penalties for the offense.
• Some offenses have particular words with unclear meanings, which are defined at the beginning of the chapter or section.

Enhanced Penalties

• An enhanced penalty is a sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved.
• Examples of serious circumstances that may lead to an enhanced penalty include:
  • Committing violent offenses against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, and judges
  • Wearing a mask or hood to conceal identity while committing a felony or misdemeanor
  • Showing prejudice or discrimination while committing a crime (a hate crime)
  • Using a weapon while committing a crime
  • Unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime
  • Committing a misdemeanor or felony that facilitated or furthered an act of terrorism

Parties to a Crime

• A principal in the first degree is a person who commits any criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
• A principal may be charged, convicted, and punished whether they were present when the crime is actually committed or attempted.
• An accessory after the fact is a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.

Felony Classifications and Penalties

• A third-degree felony carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.
• A second-degree felony is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both.
• A first-degree felony carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
• A life felony has varying penalties depending on the date and type of crime committed, with a maximum penalty of life incarceration in a state correctional facility without the possibility of parole or probation.
• A capital felony is the highest class of felony, with a penalty of death or life incarceration in a state correctional facility without the possibility of parole.

Enhanced Penalties

• An enhanced penalty is a sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved.
• Enhanced penalties are governed by federal and state laws, which vary from state to state.

Serious Circumstances Leading to Enhanced Penalties

• Committing violent offenses against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, and judges.
• Wearing a mask or hood to conceal identity while committing a felony or misdemeanor.
• Showing prejudice or discrimination while committing a crime (a hate crime).
• Using a weapon while committing a crime.
• Unlawfully taking, possessing, or using a law enforcement officer’s firearm during the commission of a crime.
• Committing a misdemeanor or felony that facilitated or furthered an act of terrorism.

Parties to a Crime

• A principal in the first degree is a person who commits a criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
• A principal in the first degree can be charged, convicted, and punished even if they were not present when the crime was committed or attempted.
• Example: A babysitter who provides security codes to a friend to commit a burglary is a principal in the first degree.

Accessory After the Fact

• An accessory after the fact is a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.
• Example: Janet who shelters James in her garage to help him avoid being caught by police after he robbed a convenience store is an accessory after the fact.

Categories of Criminal Intent

• To determine whether an act is criminal, it is necessary to understand the significance of intent and negligence.
• Determining a Criminal Offense: two fundamental questions must be answered:
  • Was a criminal act committed?
  • Was there criminal intent?

Criminal Intent

• Criminal intent is the conscious decision someone makes to deliberately engage in an unlawful or negligent act, or to harm someone else.
• Proving criminal intent is fundamental to the criminal justice system because it separates an accident from a crime.
• Mere thoughts do not constitute criminal liability.

Enhanced Penalties

• Enhanced penalties are associated with certain crimes, such as using a gun stolen from a police officer to threaten people in a bank.
• Example: The robber who uses a gun stolen from a police officer will face enhanced penalties.

Reading and Understanding Statutes

• The Florida Statutes are divided into chapters, sections, and subsections.
• Chapters are broad topics, broken down into sections, which are broken down into subsections.
• Subsections may be broken down into paragraphs, specifying the elements or components of the crime.
• For some crimes, all elements of the offense must be met to establish that the crime occurred.

Parties to a Crime

• Principal in the first degree: a person who commits a crime, aids, abets, counsels, hires, or persuades an offense to be committed or attempted.
• Accessory after the fact: a person who gives aid to a principal with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.

Criminal Intent

• Categories of criminal intent:
  • General intent: intentionally committing an illegal act prohibited by law without considering the results.
  • Specific intent: intent to commit a crime and the intent to deprive an owner of something permanently.
  • Transferred intent: intending to harm one person but inadvertently causing harm to another person instead.
  • Recklessness: imposing criminal liability on defendants who did not intend for a behavior to cause harm.

Negligence

• Failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances.
• Does not involve deliberate actions, but rather careless behavior or failure to provide a duty owed to another person.
• Examples: looking at phone while driving, unintentionally hurting someone, omission when there is a duty to act.

Elements of Negligence

• In a civil negligence action, the plaintiff must prove:
  • Duty owed to another person
  • Breach of duty
  • Causation (link between breach and harm)
  • Damages (harm caused)

Categories of Criminal Intent

• There are four basic classifications of intent: general intent, specific intent, transferred intent, and recklessness
• General intent: intentionally committing an illegal act prohibited by law without considering the results
  • Examples: battery, assault, rape, kidnapping, false imprisonment, and involuntary manslaughter
• Specific intent: intent to commit a crime and the intent to deprive an owner of something permanently
  • Examples: burglary, embezzlement, forgery, murder, robbery, and theft
• Transferred intent: when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead
  • Examples: attempting to commit a battery, striking a bystander unintentionally, or missing a victim and striking a second victim
• Recklessness: imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm
  • Example: vehicular homicide

Negligence

• Negligence: the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
• Negligence cases do not involve deliberate actions, but instead occur when an individual or entity is careless and fails to provide a duty owed to another person
• Examples: driving a car and causing an accident while looking at a phone, unintentionally hurting someone else
• Elements of negligence: the state must prove in criminal court that the individual committed all elements of a particular offense
• In a civil (non-criminal) negligence action, the plaintiff must prove a different set of elements to find the defendant negligent

Elements of Negligence

• Four elements must be proved in a negligence action to recover damages: duty to act with care, breach of the duty to act, causation or proximate cause, and damages.
• If any of the four elements is missing, the defendant cannot be found negligent.

Duty to Act With Care

• A duty is usually created by statute or contract.
• Duties may be general or specific.
• Example: a general duty to drive a vehicle using reasonable care, or a specific duty to direct traffic at an intersection.

Breach of the Duty to Act

• A breach of duty is a failure of some kind.
• A breach of duty is generally proved by evidence that the person violated a law or accepted practices.
• Example: an officer who decides to wait for EMS instead of performing CPR on an injured person, and the person dies or suffers brain damage.

Causation or Proximate Cause

• Proximate cause means that the breach caused the harm.
• Proximate cause is the link between the breach of duty and the harm caused (damages).
• The judge and jury will determine if the harmful event was a foreseeable outcome of the defendant's act or failure to act.

Damages

• There are two main categories of damages: compensatory and punitive.
• Compensatory damages compensate for the actual property damage, harm, or injury.
• Compensatory damages include general and special damages.
• General damages are presumed to result from the defendant's actions, including pain and suffering, discomfort, humiliation, and emotional distress.
• Special damages are those actually caused by the injury, including lost earnings, medical expenses, destruction of personal property, and attorney's fees.
• Nominal damages are awarded when the plaintiff's rights were violated, but there is insufficient proof of measurable financial harm.
• Punitive damages are intended to punish the defendant and warn others from doing the same act.

Legal Concepts

• The U.S. Constitution guarantees a right of privacy to all individuals who do not break the law.
• Situations involving transferred intent are complex, and legal or supervisory advice should be sought before determining what crime, if any, to charge.
• Examples of transferred intent include attempting to commit a battery, striking a bystander unintentionally, or when a person intending to shoot one victim misses and unintentionally strikes a second victim.
• Recklessness imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.
• Recklessness may result in civil or criminal charges.

Criminal Intent

• Legally recognized categories of criminal intent include:
  • Transferred intent
  • Recklessness

Negligence

• Negligence is the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances.
• Negligence cases do not involve deliberate actions, but instead occur when an individual or entity is careless and fails to provide a duty owed to another person.
• Examples of negligence include:
  • A person looking at their phone instead of the road while driving a car and causing an accident.
  • Someone unintentionally hurting someone else.