Podcast
Questions and Answers
What is the primary purpose of evidence in court?
What is the primary purpose of evidence in court?
What is the key distinction between evidence and proof?
What is the key distinction between evidence and proof?
When is evidence typically used in court?
When is evidence typically used in court?
What determines the relevance of evidence in court?
What determines the relevance of evidence in court?
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What is the characteristic of direct evidence?
What is the characteristic of direct evidence?
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What is the distinction between direct and indirect evidence in terms of inference?
What is the distinction between direct and indirect evidence in terms of inference?
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What is a major limitation of testimonial evidence?
What is a major limitation of testimonial evidence?
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Which type of evidence refers to actual objects offered to prove or disprove facts about a case?
Which type of evidence refers to actual objects offered to prove or disprove facts about a case?
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What is included in documentary evidence?
What is included in documentary evidence?
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Why is physical evidence considered more reliable than testimonial evidence?
Why is physical evidence considered more reliable than testimonial evidence?
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What happens when physical evidence is correctly identified, protected, collected, preserved, transported, and analyzed?
What happens when physical evidence is correctly identified, protected, collected, preserved, transported, and analyzed?
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What is an example of real evidence that plays a direct part in the crime?
What is an example of real evidence that plays a direct part in the crime?
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What is the primary purpose of photographing a crime scene?
What is the primary purpose of photographing a crime scene?
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What is the order of photography in a crime scene?
What is the order of photography in a crime scene?
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What is the purpose of a scale or identifier in close-up photographs?
What is the purpose of a scale or identifier in close-up photographs?
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What should be considered when using a standard camera flash?
What should be considered when using a standard camera flash?
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What is the purpose of reviewing photographs after taking them?
What is the purpose of reviewing photographs after taking them?
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What is the purpose of using flood lighting or a vehicle spotlight?
What is the purpose of using flood lighting or a vehicle spotlight?
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What is photographic framing in the context of crime scene photography?
What is photographic framing in the context of crime scene photography?
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What is the purpose of taking midrange photographs in a crime scene?
What is the purpose of taking midrange photographs in a crime scene?
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What is the primary purpose of analyzing trace evidence with a microscope?
What is the primary purpose of analyzing trace evidence with a microscope?
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Which of the following is an example of trace evidence?
Which of the following is an example of trace evidence?
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What is the term for the process of analyzing trace evidence with a microscope?
What is the term for the process of analyzing trace evidence with a microscope?
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Which of the following is NOT an example of trace evidence?
Which of the following is NOT an example of trace evidence?
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What is the primary characteristic of trace evidence?
What is the primary characteristic of trace evidence?
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What is the primary role of a crime laboratory expert in regards to biological evidence?
What is the primary role of a crime laboratory expert in regards to biological evidence?
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What type of evidence may require examination for saliva?
What type of evidence may require examination for saliva?
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What can experts analyze to determine the type of weapon used in an attack?
What can experts analyze to determine the type of weapon used in an attack?
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What is a requirement when handling certain types of biological evidence?
What is a requirement when handling certain types of biological evidence?
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What is a potential use for teeth in a crime scene investigation?
What is a potential use for teeth in a crime scene investigation?
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Who should be contacted when human skeletal remains are discovered?
Who should be contacted when human skeletal remains are discovered?
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What is an advancement in DNA analysis that allows for the detection of identifiable evidence?
What is an advancement in DNA analysis that allows for the detection of identifiable evidence?
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What should be done when handling biological evidence that requires specific techniques or expertise?
What should be done when handling biological evidence that requires specific techniques or expertise?
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What type of evidence can be found in mud, soil, or another pliable material?
What type of evidence can be found in mud, soil, or another pliable material?
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What should be done if it is not possible to submit the entire damaged surface as evidence?
What should be done if it is not possible to submit the entire damaged surface as evidence?
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What type of impressions can crime scene technicians cast?
What type of impressions can crime scene technicians cast?
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What is a potential use for teeth in a crime scene investigation?
What is a potential use for teeth in a crime scene investigation?
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Why is it important to photograph bite marks as soon as possible?
Why is it important to photograph bite marks as soon as possible?
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What is a potential link between a suspect and a crime scene?
What is a potential link between a suspect and a crime scene?
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What is necessary for an object to have a latent print?
What is necessary for an object to have a latent print?
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What type of fingerprint is created by touching an impressionable surface?
What type of fingerprint is created by touching an impressionable surface?
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Why are latent prints among the most valuable types of physical evidence at a crime scene?
Why are latent prints among the most valuable types of physical evidence at a crime scene?
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What is the best way to determine the presence of latent prints on a surface?
What is the best way to determine the presence of latent prints on a surface?
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What should be considered when looking for places to locate latent fingerprints at a crime scene?
What should be considered when looking for places to locate latent fingerprints at a crime scene?
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What is the purpose of tracing the suspect's movement at a crime scene?
What is the purpose of tracing the suspect's movement at a crime scene?
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What is the difference between a patent print and a latent print?
What is the difference between a patent print and a latent print?
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What is the purpose of following agency policies and procedures when collecting and preserving fingerprints?
What is the purpose of following agency policies and procedures when collecting and preserving fingerprints?
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What is the primary purpose of the chemistry section in a crime laboratory?
What is the primary purpose of the chemistry section in a crime laboratory?
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What type of cases usually result from investigations of DUI, sexual assault, and death?
What type of cases usually result from investigations of DUI, sexual assault, and death?
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Why is PPE essential when encountering chemical or biological substances?
Why is PPE essential when encountering chemical or biological substances?
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What should be done when collecting drug paraphernalia?
What should be done when collecting drug paraphernalia?
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What is the purpose of submitting an FDLE public records request?
What is the purpose of submitting an FDLE public records request?
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What should be considered when handling chemical or biological substances?
What should be considered when handling chemical or biological substances?
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What is a questioned document?
What is a questioned document?
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What do document analysts examine for in questioned documents?
What do document analysts examine for in questioned documents?
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Why is it important to carefully handle documents found at a crime scene?
Why is it important to carefully handle documents found at a crime scene?
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What is a potential benefit of examining questioned documents?
What is a potential benefit of examining questioned documents?
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What may be present on questioned documents in addition to latent fingerprints?
What may be present on questioned documents in addition to latent fingerprints?
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What is the primary purpose of a showup?
What is the primary purpose of a showup?
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What must be determined before conducting a showup?
What must be determined before conducting a showup?
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Why should the showup be conducted as quickly as possible?
Why should the showup be conducted as quickly as possible?
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What should the victim or witness be cautioned about during the showup?
What should the victim or witness be cautioned about during the showup?
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Why should the victim or witness be taken to the location of the suspect?
Why should the victim or witness be taken to the location of the suspect?
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What should be avoided during the identification process?
What should be avoided during the identification process?
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Why is it important to visually conceal the victim or witness?
Why is it important to visually conceal the victim or witness?
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Why is it recommended to record the showup with a body camera?
Why is it recommended to record the showup with a body camera?
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What is the purpose of displaying a group of people to a victim or eyewitness in a live lineup?
What is the purpose of displaying a group of people to a victim or eyewitness in a live lineup?
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What is required by Florida law during the conduct of a lineup, whether live or photo?
What is required by Florida law during the conduct of a lineup, whether live or photo?
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What is the characteristic of a live lineup that makes it resource-intensive?
What is the characteristic of a live lineup that makes it resource-intensive?
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What is an eyewitness in the context of a lineup?
What is an eyewitness in the context of a lineup?
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What is the purpose of a photo lineup?
What is the purpose of a photo lineup?
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What is the minimum number of photographs required in a photo array?
What is the minimum number of photographs required in a photo array?
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What is the purpose of a photo lineup?
What is the purpose of a photo lineup?
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What should be the characteristics of the photographs in a photo array?
What should be the characteristics of the photographs in a photo array?
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What is the purpose of filler photographs in a photo array?
What is the purpose of filler photographs in a photo array?
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Why is a photo array an efficient tool to identify a suspect?
Why is a photo array an efficient tool to identify a suspect?
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What is the advantage of using a photo array over a live lineup?
What is the advantage of using a photo array over a live lineup?
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What is the primary advantage of having an independent administrator conduct the lineup?
What is the primary advantage of having an independent administrator conduct the lineup?
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What is the purpose of using an automated computer program to administer the photo lineup?
What is the purpose of using an automated computer program to administer the photo lineup?
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Why should the lineup administrator not see or track which photograph the victim or witness is viewing until after the procedure is complete?
Why should the lineup administrator not see or track which photograph the victim or witness is viewing until after the procedure is complete?
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What is the purpose of using randomly numbered, shuffled folders containing photographs in the lineup?
What is the purpose of using randomly numbered, shuffled folders containing photographs in the lineup?
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What is the primary goal of the lineup administrator's role in conducting the lineup?
What is the primary goal of the lineup administrator's role in conducting the lineup?
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What is the primary characteristic of the structure of the lineup?
What is the primary characteristic of the structure of the lineup?
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What is the primary purpose of numbering photographs and filler photographs in a photo array?
What is the primary purpose of numbering photographs and filler photographs in a photo array?
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In a sequential presentation of a photo array, what is the role of the independent administrator?
In a sequential presentation of a photo array, what is the role of the independent administrator?
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What is the difference between simultaneous and sequential presentations of a photo array?
What is the difference between simultaneous and sequential presentations of a photo array?
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What is the purpose of having the victim or eyewitness sign and date the array after simultaneous presentation?
What is the purpose of having the victim or eyewitness sign and date the array after simultaneous presentation?
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What is the advantage of using an independent administrator to present a photo array?
What is the advantage of using an independent administrator to present a photo array?
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What is the primary definition of a roadway?
What is the primary definition of a roadway?
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What is the characteristic of a limited access facility?
What is the characteristic of a limited access facility?
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What is the definition of an intersection?
What is the definition of an intersection?
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What is a state road?
What is a state road?
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What is a private road or driveway?
What is a private road or driveway?
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What is a laned highway?
What is a laned highway?
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What is a characteristic of a limited access road?
What is a characteristic of a limited access road?
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What is an example of a road that is not open to public vehicular traffic?
What is an example of a road that is not open to public vehicular traffic?
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What is the color header for a Commercial Driver License (CDL) in Florida?
What is the color header for a Commercial Driver License (CDL) in Florida?
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What is the designation for a person with a developmental disability on their driver's license or ID card?
What is the designation for a person with a developmental disability on their driver's license or ID card?
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Which class of license is required for drivers of vehicles transporting hazardous materials?
Which class of license is required for drivers of vehicles transporting hazardous materials?
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What is the minimum age requirement for a person accompanying a learner's license holder?
What is the minimum age requirement for a person accompanying a learner's license holder?
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What is the weight limit for a Class E license?
What is the weight limit for a Class E license?
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Where is the license class type located on a Florida driver's license issued in 2017 or later?
Where is the license class type located on a Florida driver's license issued in 2017 or later?
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What is the designation for a motorcycle endorsement on a Florida driver's license?
What is the designation for a motorcycle endorsement on a Florida driver's license?
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Which of the following is NOT a type of license class in Florida?
Which of the following is NOT a type of license class in Florida?
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What is the purpose of the Driver and Vehicle Information Database (DAVID)?
What is the purpose of the Driver and Vehicle Information Database (DAVID)?
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What is the designation for a sexual predator on a Florida driver's license?
What is the designation for a sexual predator on a Florida driver's license?
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What is the primary purpose of the color header on a Florida driver's license?
What is the primary purpose of the color header on a Florida driver's license?
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What is the gross vehicle weight rating (GVWR) used to determine on a Florida driver's license?
What is the gross vehicle weight rating (GVWR) used to determine on a Florida driver's license?
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What is the distinguishing feature of a Florida driver's license issued to drivers younger than 21?
What is the distinguishing feature of a Florida driver's license issued to drivers younger than 21?
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What is the purpose of the security features on a Florida driver's license that can only be seen under a black light?
What is the purpose of the security features on a Florida driver's license that can only be seen under a black light?
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What is the distinctive feature of the post-2017 Florida driver's license?
What is the distinctive feature of the post-2017 Florida driver's license?
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What is the purpose of the tactile feature on the front of a Florida learner's license?
What is the purpose of the tactile feature on the front of a Florida learner's license?
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What is the difference between a commercial driver's license and a noncommercial driver's license in Florida?
What is the difference between a commercial driver's license and a noncommercial driver's license in Florida?
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What is the purpose of the light blue Florida seal on the post-2017 Florida driver's license?
What is the purpose of the light blue Florida seal on the post-2017 Florida driver's license?
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Which drivers are exempt from holding a commercial driver's license?
Which drivers are exempt from holding a commercial driver's license?
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Which of the following vehicles is required to be registered within 10 days of the owner establishing residency in Florida?
Which of the following vehicles is required to be registered within 10 days of the owner establishing residency in Florida?
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What is the penalty for failure to display a registration in Florida?
What is the penalty for failure to display a registration in Florida?
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What is the consequence of operating a vehicle with an expired registration in Florida?
What is the consequence of operating a vehicle with an expired registration in Florida?
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What is the requirement for drivers in Florida?
What is the requirement for drivers in Florida?
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What is the penalty for driving while license is suspended, revoked, canceled, or disqualified in Florida?
What is the penalty for driving while license is suspended, revoked, canceled, or disqualified in Florida?
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What is the exemption for people who live in another state and commute to work in Florida?
What is the exemption for people who live in another state and commute to work in Florida?
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What is the renewal period for vehicle registrations in Florida?
What is the renewal period for vehicle registrations in Florida?
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When do vehicle registrations expire in Florida?
When do vehicle registrations expire in Florida?
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What is the requirement for drivers of motorcycles with a learner's license in Florida?
What is the requirement for drivers of motorcycles with a learner's license in Florida?
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What is the purpose of documenting the circumstances of a lost or destroyed UTC?
What is the purpose of documenting the circumstances of a lost or destroyed UTC?
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What is the purpose of Part One (white) of a UTC?
What is the purpose of Part One (white) of a UTC?
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Who receives Part Two (yellow) of a UTC?
Who receives Part Two (yellow) of a UTC?
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What is the purpose of Part Three (pink) of a UTC?
What is the purpose of Part Three (pink) of a UTC?
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What is the purpose of inspecting the UTC book when receiving it?
What is the purpose of inspecting the UTC book when receiving it?
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What is the purpose of submitting a citation to the clerk of the court?
What is the purpose of submitting a citation to the clerk of the court?
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What is the purpose of keeping a copy of the UTC for field notes?
What is the purpose of keeping a copy of the UTC for field notes?
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What is the purpose of the receipt on the front of the UTC book?
What is the purpose of the receipt on the front of the UTC book?
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When explaining options to respond to a citation, what should a driver be told about moving violations?
When explaining options to respond to a citation, what should a driver be told about moving violations?
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What option is available to drivers charged with operating a motor vehicle that is in an unsafe condition?
What option is available to drivers charged with operating a motor vehicle that is in an unsafe condition?
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What is required of drivers charged with failure to display a valid driver's license, registration, or proof of insurance?
What is required of drivers charged with failure to display a valid driver's license, registration, or proof of insurance?
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Which type of violation requires a court appearance on a scheduled date?
Which type of violation requires a court appearance on a scheduled date?
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What should a driver sign if they have committed a violation that requires a hearing?
What should a driver sign if they have committed a violation that requires a hearing?
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What type of infraction results in a crash that causes the death of another person?
What type of infraction results in a crash that causes the death of another person?
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Which of the following requires a court appearance?
Which of the following requires a court appearance?
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What is the purpose of explaining options to respond to a citation to the driver?
What is the purpose of explaining options to respond to a citation to the driver?
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Study Notes
Evidence in Court
- Evidence is anything that tends to prove or disprove the existence of a fact.
- There is a legal distinction between evidence and proof: evidence is information allowed in court, while proof is the effect produced by that information.
- Evidence has three basic functions when offered in court:
- To prove or disprove a crime
- To support or undermine other evidence
- To help determine an appropriate sentence
Types of Evidence
- Direct evidence proves a fact without inference or presumption and conclusively establishes the fact.
- Examples of direct evidence:
- Admission by the driver that they were speeding
- Speed measurement device results
- Testimony from eyewitnesses who saw the driver speeding
Indirect or Circumstantial Evidence
- Requires an inference or presumption to establish a fact rather than personal knowledge or observation.
- Example of indirect or circumstantial evidence:
- Eyewitness testimony that the defendant entered the victim's home around the time of the crime.
- Requires the judge or jury to infer or assume from the evidence that the defendant committed the crime.
Types of Evidence
- Evidence presented in court can be categorized into three types: testimonial, physical, and documentary.
Testimonial Evidence
- Refers to witness statements that tend to prove or disprove facts about the case.
- Includes testimonies of law enforcement officers, experts, and other witnesses.
- Generally considered less reliable than physical evidence due to differences in perception, inaccurate memories, and potential lies.
Physical Evidence
- Refers to actual objects that prove or disprove facts about a case.
- Plays a direct part in the crime in question.
- Examples include:
- Trace evidence
- Biological and touch DNA evidence
- Impression evidence
- Firearms evidence
- Electronic evidence
- Chemical or toxicological evidence
- Questioned documents evidence
- Correct identification, protection, collection, preservation, transportation, and analysis of physical evidence reduces the likelihood of false results.
Documentary Evidence
- Refers to written or printed materials that prove or disprove facts about a case.
- Examples include:
- Bank records
- Medical records
- Certified copies of driving histories
Photographing the Crime Scene
- Photographing the crime scene is the first step in documenting the scene and allows others to visualize the scene.
- Photos or sketches help victims and witnesses refresh their memory as time goes by.
Crime Scene Photography Process
- The photography process moves from general to specific, taking overall, midrange, and then close-up photographs.
- Start at the perimeter of the crime scene and take a series of shots, framing an all-inclusive or four-corner view of the scene.
- Midrange view shots show the relationship between evidence items within the scene.
- Close-up shots show the details of a specific item of evidence and must include a scale or identifier.
Best Practices for Crime Scene Photography
- Use a scale or identifier, such as a ruler or yardstick, to provide a form of measurement in close-up shots.
- Review photographs after taking them to ensure they are in focus.
- Use proper lighting to avoid glare, flashback, and ensure the photographs are neither too dark nor too light to see detail.
- Standard camera flashes project only 9-12 feet, so consider flood lighting with a flashlight or using a vehicle spotlight or headlights for overall shots.
- Overlap photos to show the relationships of items in the crime scene.
- Only include objects that are important or relevant to the scene, avoiding bystanders, other officers, equipment, or pets.
Trace Evidence
- Trace evidence refers to small quantities of material transferred between a victim, suspect, or crime scene.
- Examples of trace evidence include: • Human hair • Animal hair • Textile fibers and fabric • Rope • Feathers • Soil • Glass • Building materials
Microanalysis
- Microanalysis is the process of examining trace evidence using a microscope.
- The goal of microanalysis is to determine the possible source or origin of the trace evidence.
Biological Evidence
- Biological evidence at crime scenes can contain DNA and may include blood, semen, or saliva.
- Crime laboratory experts can identify body fluids and conduct DNA analysis if needed.
- Semen evidence may be examined in sexual assault cases.
Types of Biological Evidence
- Saliva evidence may be found on cigarette butts, drinking straws, soda and beer cans, masks, bottles, and bite marks.
- Blood evidence may include pooled blood, wet or dried stains on upholstery or carpet, or samples from victims or suspects.
- Blood type and DNA identification can be determined from a blood sample.
Blood Analysis
- Experts can analyze blood spatter direction to determine the type of weapon, attack direction, and attacker size.
- Advancements in DNA analysis can detect evidence from brief contact between objects and victims/suspects.
Specialized Biological Evidence
- Teeth can serve as identification and evidence.
- Human skeletal remains require special handling: contact a supervisor, and a medical examiner or forensic specialist should examine the bones at the site.
Collecting Biological Evidence
- Certain biological evidence requires specialized techniques and expertise for collection.
- Follow agency policies and procedures when handling these types of evidence.
Impression Evidence
- Working edges of tools leave distinct marks on surfaces, which can be used as evidence.
- When collecting evidence, do not try to fit a suspect's tool into a mark; instead, collect the entire damaged surface and submit it to the lab for comparison.
Comparing Fracture Sites
- Comparing fracture sites of broken, torn, or cut objects can provide strong evidence in court.
- Do not attempt to reconstruct the items or process fingerprints before submitting them to the lab.
Shoe and Tire Impressions
- Shoe and tire impressions at the crime scene can link a suspect to a crime when they match an object in the suspect's possession.
- Impressions can be found in mud, soil, or other pliable materials, as well as on wood, tile, paper, or paint, or in dust, blood, or grease.
Casting Impressions
- Crime scene technicians can cast certain impressions, such as shoe or tire impressions.
- Photograph impressions to preserve them as evidence.
Dental Evidence
- Teeth can provide dental evidence in the form of bite mark impressions, which can lead to the identity of the suspect.
- Photograph bite marks as soon as possible with a scale or identifier, as there is a high likelihood of saliva being present.
Fingerprint Types
- Patent prints are formed by transferring foreign substances like wet paint, blood, grease, ink, or dirt, making them readily visible.
- Plastic prints are molded or embedded fingerprints created by touching impressionable surfaces like fresh paint, wax, bars of soap, or mud, making them easily visible.
Collecting and Preserving Fingerprints
- Follow agency policies and procedures for photographing visible prints and determining the best method for collecting and preserving fingerprint evidence.
Latent Prints
- Latent prints are a common and valuable type of physical evidence at a crime scene, but they are generally invisible to the naked eye.
- Latent prints result from body residues left behind when friction ridges of the hands or feet come into contact with a surface.
- The crime lab can examine submitted evidence to determine the presence of latent prints and identify them if possible.
Locating Latent Fingerprints
- Consider how the suspect approached the scene, what they may have touched, how they moved about, and how they left the scene to locate potential areas for latent fingerprints.
- The surface type is crucial for latent prints; rough surfaces like concrete are more likely to have latent prints than smooth surfaces like glass.
Chemical or Toxicological Evidence
- Crime laboratories have a chemistry section that analyzes substances to determine the presence or absence of controlled substances listed under chapter 893, F.S.
- Analysts prepare reports and often testify in court about their findings.
- In certain investigations, you can submit an FDLE public records request to obtain an analysis from the toxicology section of a crime laboratory.
- These cases typically involve DUI, sexual assault, and death investigations.
Identifying Controlled Substances and Drug Paraphernalia
- You should be able to identify various controlled substances and drug paraphernalia by sight or odor.
- Field test kits can be used to test substances before collecting and packaging as evidence.
Collecting and Packaging Drug Paraphernalia
- Package sharp objects (e.g. needles or syringes) in puncture-proof packages with a "WARNING: SHARPS" label.
- Wear Personal Protective Equipment (PPE) when handling chemical or biological substances.
Questioned Document Evidence
- A document is any medium containing a mark to convey a message.
- Questioned documents require examination to verify their authenticity as evidence.
Document Handling and Preservation
- Handle documents found at a crime scene with care to preserve their original condition.
- Documents may contain latent fingerprints and DNA, which can be used as evidence.
Document Analysis
- Document analysts use various scientific methods to examine documents.
- Methods include:
- Alterations analysis
- Erasures analysis
- Handwriting analysis
- Indentations analysis
- Ink comparisons
- Machine impressions analysis
- Analysis aims to answer questions about a document's:
- Authorship
- Authenticity
Conducting a Showup
- A showup is the presentation of a possible suspect to a witness for identification, typically conducted during or soon after the incident, near the crime scene.
Pre-Showup Procedures
- Interview victims or witnesses separately to obtain a description of the suspect.
- Determine if the victim or witness has personal knowledge of the crime and can identify the suspect's features.
- Ensure the victim or witness can accurately discuss the matter, understands their duty to tell the truth, and demonstrates competence, attentiveness, and a sound state of mind.
- Determine if a suspect matching the description has been located near the incident.
- Consider if circumstances allow for the prompt display of a single suspect to each victim or witness if there are multiple victims or witnesses.
Conducting the Showup
- Coordinate the showup quickly, without compromising the investigation, to limit the legal impact of the suspect's detention.
- Caution the victim or witness that the person they will see may or may not be the suspect.
- Avoid providing verbal or non-verbal feedback during the identification process.
- Take the victim or witness to the location of the suspect, not the suspect to the victim or witness.
- Ask the victim or witness if they recognize the suspect, avoiding influencing the identification.
- Ensure adequate lighting for the victim or witness to have a clear view of the potential suspect.
- Visually conceal the victim or witness from the suspect.
- Consider recording the showup with a body camera or other recording device.
Documentation
- Document all statements of identification and non-identification.
- Record any comments made by the victim or witness during the entire process, word for word.
- Document any non-verbal communication or action made by the victim or witness.
- If a victim or witness cannot identify the suspect, document why.
Lineups in Investigations
- A lineup is used when a showup is not a consideration or successful in identifying a suspect.
- There are two types of lineups: live lineup and photo lineup.
Live Lineup
- A live lineup is a procedure where a group of people, including the suspect, is displayed to a victim or eyewitness to identify the perpetrator and eliminate other suspects.
- An eyewitness is a person who can identify another person by sight as someone involved in a criminal proceeding.
- Live lineups require additional people who resemble the suspect to appear with the suspect in the lineup, making them resource-intensive.
- Florida law provides specific requirements for law enforcement officers conducting live lineups.
Photo Lineup
- A photo lineup is an alternative to a live lineup, used to identify the perpetrator of a crime and eliminate suspects.
- It involves displaying a photo array to a victim or eyewitness.
Photo Array
- A photo array is a selection of photographs used to identify a suspect in a non-suggestive manner.
- A photo array is an efficient tool for identifying a suspect and is often easier to compile than assembling a group of people who resemble the suspect.
- A photo array should have a minimum of six photographs: one of the suspect and five filler photographs.
- Filler photographs are of people other than the suspect, used to complete the array.
- Each photograph in the array should be of a different person with physical characteristics similar to the suspect, and formatted alike.
Lineup Administrator
- A lineup administrator is responsible for conducting the lineup.
- Ideally, the administrator should be independent of the investigation.
- An independent administrator is someone who is not involved in the investigation and does not know which person in the lineup is the suspect.
Conducting a Photo Lineup
- If an independent administrator is not available, the investigator must conduct the lineup using one of the accepted procedures.
- Two accepted procedures for conducting a photo lineup:
- Using an automated computer program that prevents the administrator from seeing the lineup until the procedure is complete.
- Using randomly numbered, shuffled folders containing photographs, presented in a way that prevents the administrator from seeing which photos correspond to specific folders until after the procedure.
Importance of Neutral Administration
- The goal of the lineup is to achieve neutral administration, preventing the administrator from knowing which photograph is being presented to the victim or witness.
- The lineup administrator should not be allowed to see or track which photograph the victim or eyewitness is viewing until after the procedure is complete.
Photo Array Presentations
- Number all photographs and filler photographs used in the array before presenting the array to the victim or eyewitness.
Presentation Methods
- There are two methods of presenting the photo array: simultaneous and sequential.
Simultaneous Presentation
- The independent administrator presents a group of photographs to the victim or eyewitness all at once, at the same time.
- The victim or eyewitness is instructed to mark which photograph is the suspect, and then signs and dates the array.
Sequential Presentation
- The independent administrator presents individual photographs to the victim or eyewitness one at a time.
Roadway Definitions
- A roadway refers to a portion of highway used for vehicular travel, excluding the berm, shoulder, or sidewalk.
- A street or highway can be defined as:
- The entire width between the boundary lines of a public space for vehicular traffic
- The entire width between the boundary lines of privately owned space for vehicular traffic by the owner or those given permission
- A limited access road owned or controlled by a special district when a county or municipality exercises traffic control jurisdiction
- An area not open to public vehicular traffic, such as a runway, taxiway, ramp, clear zone, or parking lot within an airport
- A space used for vehicular traffic on a controlled access basis in a mobile home park recreation district and open to the public
Types of Highways
- A laned highway is a road divided into two or more clearly marked lanes for vehicular traffic.
- A limited access facility is a road adjacent to private property to which the property owners have no right or easement to.
- A private road or driveway is a privately owned space that owners and people who have permission from the owners use for vehicular traffic.
- A state road is a highway the Department of Transportation designates as a state-maintained road.
Intersection and Crosswalk
- An intersection has two definitions:
- The area within the connection of the lateral curbs or boundary lines of two or more roadways of two highways joined at approximately right angles or any other angle
- Where a highway includes two roadways 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection
- A crosswalk is an area of a road within an intersection, distinctly marked on the surface to indicate a pedestrian crossing.
Other Road Features
- A sidewalk is the area that pedestrians use between the curb, or lateral line, of a roadway and the adjacent property lines.
- A bicycle path is any road or path open to bicycle travel, often separated from motorized vehicular traffic by an open space or a barrier.
Florida Driver's License Formats
- Florida has three types of driver's licenses: commercial, noncommercial, and learner's
- Licenses issued to drivers 21 and older have a horizontal format, while those issued to drivers younger than 21 have a vertical format
- The color header of a license identifies the license type and class: blue for commercial driver's licenses (CDL), green for noncommercial driver's license (Class E), and orange for learner's license (Class E)
Security Features
- Florida driver's licenses have several security features that can only be seen under a black light
- The currently issued Florida driver's license (post-2017) has three headshots on the front, one of which is transparent
- The license also has a light blue Florida seal, and a tactile feature on the bottom right side of the card
- The reverse side displays 1D and 2D barcodes
Endorsements, Restrictions, and Designations
- Beginning in 2017, motorcycle-also and motorcycle-only endorsements are designated by an "A" or "O" in the endorsement field on the front of the card
- Designations for individuals registered in the Florida Sexual Offender and Predator System appear on the front of the license
- Two designations can appear on the bottom right of a Florida driver's license or ID card: "D" for developmental disability and "V" for honorably discharged U.S. military veterans
Classes of Florida Driver's Licenses
- Class A: required for drivers of trucks or truck combinations with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
- Class B: required for drivers of straight trucks with a GVWR of 26,001 pounds or more
- Class C: required for drivers of vehicles transporting placardable amounts of hazardous materials, or for drivers of vehicles designed to transport more than 15 people
- Class E: required for drivers of noncommercial motor vehicles with a GVWR of less than 26,001 pounds
- Class E Learner: required for drivers with a learner's license and limited to driving motor vehicles weighing less than 8,000 pounds
Commercial Driver License (CDL) Exemptions
- Drivers of authorized emergency vehicles
- Military personnel driving military vehicles
- Farmers transporting farm supplies or farm machinery
- Drivers of recreational vehicles used for recreational purposes
- Drivers who operate straight trucks that are exclusively transporting their own tangible personal property
- An employee of a publicly owned transit system who is limited to moving vehicles for maintenance or parking purposes
Vehicle Registration
- Any vehicle in the state of Florida must have a valid registration to operate on Florida roads
- Vehicles with out-of-state registrations are required by law to be registered within 10 days of the owner establishing residency
- Registrations expire at midnight on the registered owner's birthday, with the exception of vehicles weighing more than 5,000 pounds GVW, which expire on Dec. 31
Paper UTC
- Agencies assign UTC books with preprinted numbers, and officers are responsible for accounting for each UTC in the book.
- If a UTC is lost or destroyed, document the circumstances in the UTC book.
UTC Book and Citation
- Each UTC book contains 25 three-part citations, with sequential numbers assigned to the book.
- The receipt on the front of the UTC book must be signed to acknowledge receipt.
- Inspect the book to ensure citations are in correct numeric sequence and contain 25 three-part citations.
Citation Parts
- Part One (white): serves as a complaint for civil and criminal cases, and is retained by the court.
- Part Two (yellow): is the driver's copy, and the reverse side notifies drivers of their options for responding to the citation.
- Part Three (pink): is the officer's copy, and is used to maintain accountability and record court action.
Citation Process
- State the specifics of the violation clearly and slowly, making sure the driver understands the warning or citation.
- Point to the section on the citation where the violation was checked and specific information was written.
- Explain the driver's options for responding to the citation, including paying a civil penalty or requesting a hearing.
Options for Responding to Citations
- Moving violations: may include paying a civil penalty, requesting a hearing, or completing a Driver Improvement Course (if eligible).
- Non-moving violations: may include paying a civil penalty or choosing a hearing in traffic court.
- Criminal violations: require a court appearance on a scheduled date.
Additional Options for Drivers
- If charged with operating a vehicle in an unsafe condition or without proper equipment, drivers may choose to provide certified proof of correction.
- If charged with failure to display a valid driver's license, registration, or proof of insurance, drivers may choose to enter a plea of nolo contendere (no contest) and provide proof of compliance within 30 days.
Signing the UTC
- Most citations do not require the driver's signature, but if a violation requires a hearing, the driver must sign the UTC.
- Signing is not an admission of guilt, and is required for serious violations such as those resulting in death or serious bodily injury.
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Understand the concept of evidence and its distinction from proof in a legal context, including its functions in court proceedings.