Criminal Procedure: Judicial Officers' Authority

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Questions and Answers

What is a state judicial officer's role in maintaining peace?

To investigate crimes and gather evidence

To issue warrants of arrest and recognize accused to appear (correct)

To ensure public order and serve summons

To prosecute offenders in court

What is a requirement for issuing an arrest warrant according to subsection (1)?

Probable cause for the issuance of an arrest warrant (correct)

A complaint has been filed charging a crime

Probability of guilt

A signed affidavit from the affiant

When may a judge issue a warrant for a defendant's arrest?

When a summons has been returned unserved and a misdemeanor has been charged (correct)

When a summons has been served

When a defendant has failed to appear in court

When a complaint has been filed charging a felony

What is required for an electronic signature to be valid on an arrest warrant?

The complaint bearing the affiant's electronic signature Signup and view all the answers

What is the term used to describe the judge's role in maintaining peace?

Conservator of the peace Signup and view all the answers

What is the purpose of requiring sureties of the peace?

To ensure the peace has not been substantially threatened or disturbed Signup and view all the answers

What is the significance of a judge signing an arrest warrant?

It signifies the judge's determination of probable cause Signup and view all the answers

When is an arrest warrant deemed to be issued?

When the judge signs the warrant Signup and view all the answers

Where should a warrant be directed to?

To all sheriffs of the state Signup and view all the answers

When may a warrant be executed by any sheriff?

When the arrest is made in fresh pursuit Signup and view all the answers

What should an arresting officer do when an arrest occurs in another county?

Take the person before a trial court judge or other official of the same county Signup and view all the answers

What happens if the person arrested does not have a right to bail?

The person is taken before the trial court judge who issued the warrant Signup and view all the answers

What should a trial court judge do when a complaint charges an offense that is punishable by death or life imprisonment?

Issue a warrant that requires the person to be taken before a designated trial court judge Signup and view all the answers

When should a trial court judge issue a summons instead of a warrant?

When the complaint is for an offense that the trial court judge is empowered to try summarily Signup and view all the answers

What should a summons set forth?

The nature of the offense Signup and view all the answers

What should a summons command the person against whom the complaint was made to do?

Appear before the trial court judge at a stated time and place Signup and view all the answers

What is the purpose of a warrant?

To arrest the person against whom the complaint was made Signup and view all the answers

What is the purpose of a summons?

To summon the person against whom the complaint was made to court Signup and view all the answers

In what manner should a summons be served?

In the same manner as a civil action Signup and view all the answers

What is the consequence of failure to appear as commanded by a summons?

Indirect criminal contempt of court Signup and view all the answers

What happens when a corporation fails to appear after being summoned?

A plea of not guilty is entered by the court Signup and view all the answers

Under what circumstances can a law enforcement officer arrest a person without a warrant?

All of the above Signup and view all the answers

What should a law enforcement officer do when receiving information about a driver who has violated chapter 316?

Arrest the driver for violation of chapter 316 Signup and view all the answers

What is the public policy of the state regarding arrest and charges of both parties for domestic violence?

To strongly discourage arrest and charges of both parties and encourage training of law enforcement and prosecutors in these areas Signup and view all the answers

What should a trial court judge do when a person fails to appear as commanded by a summons?

Issue a warrant Signup and view all the answers

What should a law enforcement officer do when receiving information about a person who has violated a municipal or county ordinance?

Arrest the person without a warrant Signup and view all the answers

What should a trial court judge do when a corporation is summoned and fails to appear?

Enter a plea of not guilty for the corporation Signup and view all the answers

Under what circumstances can a law enforcement officer arrest a person with a warrant?

All of the above Signup and view all the answers

What is the definition of a federal law enforcement officer according to s. 943.13?

A person who is employed by the Federal Government as a full-time law enforcement officer Signup and view all the answers

What authority does a federal law enforcement officer have to make a warrantless arrest?

Only for felonies and misdemeanors involving violence Signup and view all the answers

What is the purpose of a warrantless search incident to an arrest?

To protect the officer and others from harm Signup and view all the answers

What is the Florida Stop and Frisk Law?

A law that allows officers to detain persons under certain circumstances Signup and view all the answers

How long can a person be temporarily detained under the Florida Stop and Frisk Law?

Only for a short time, reasonably necessary to effect the purposes of the detention Signup and view all the answers

When can a federal law enforcement officer conduct a warrantless search?

Incident to an arrest Signup and view all the answers

What is the purpose of a federal law enforcement officer possessing firearms?

To defend themselves or others from harm Signup and view all the answers

What is the significance of a federal law enforcement officer being authorized to carry firearms?

It allows them to defend themselves or others from harm Signup and view all the answers

What is the purpose of seizing weapons from a suspect?

To protect the officer or others from harm Signup and view all the answers

What happens if probable cause for arrest appears after temporary detention?

The person is arrested Signup and view all the answers

Under what circumstances can a law enforcement officer search a temporarily detained person?

If the officer has probable cause to believe the person is armed with a dangerous weapon Signup and view all the answers

A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from what?

Civil liability Signup and view all the answers

What is required of a peace officer making an arrest by a warrant?

To inform the person of the cause of arrest and that a warrant has been issued Signup and view all the answers

What is the public policy of this state regarding abused children?

To protect them by strongly encouraging the arrest and prosecution of persons who commit child abuse Signup and view all the answers

What is true about an officer making an arrest without a warrant?

They must inform the person of their authority and the cause of arrest Signup and view all the answers

What authority does a person commanded to aid an officer have?

The same authority as the officer Signup and view all the answers

What is required for a law enforcement officer to make an arrest under this subsection?

Probable cause Signup and view all the answers

What offenses are included in the probable cause for arrest?

Child abuse, battery, criminal mischief, and graffiti-related offenses Signup and view all the answers

Under what circumstances can a peace officer break into a building?

If they fail to gain admittance after announcing their authority and purpose Signup and view all the answers

A law enforcement officer of the Florida National Guard has probable cause to believe a felony was committed on:

State military property Signup and view all the answers

What can an officer do to liberate themselves from detention in a building?

Use any reasonable force Signup and view all the answers

What happens to implements, devices, or apparatus commonly used for gambling purposes?

They are seized and destroyed Signup and view all the answers

What must a law enforcement officer of the Florida National Guard do with a person arrested and charged with a felony?

Surrender them to the sheriff of the county Signup and view all the answers

What is a requirement for a peace officer making an arrest by a warrant?

To inform the person of their authority and the cause of arrest Signup and view all the answers

Who prescribes minimum training standards for law enforcement officers of the Florida National Guard?

The Adjutant General Signup and view all the answers

What is the primary reason why an officer may detain a person temporarily?

To search the person for dangerous weapons Signup and view all the answers

What is required for a law enforcement officer to make an arrest if they are employed by the State of Florida?

Reasonable belief that a felony has been or is being committed Signup and view all the answers

What happens to evidence seized during a search under this section?

It may be seized and used as evidence Signup and view all the answers

What is the condition for a law enforcement officer to make an arrest under subsection (12)(a)?

The officer reasonably believes that a felony involving violence has been or is being committed Signup and view all the answers

What is the condition for a law enforcement officer to make an arrest under subsection (12)(b)?

The officer reasonably believes that a felony has been or is being committed Signup and view all the answers

What is the authority of an officer pursuant to the subsection?

Statewide Signup and view all the answers

What is the condition for arresting someone who has committed an act of domestic violence?

If the original arrest was for an act of domestic violence Signup and view all the answers

What is the consequence of a law enforcement officer acting in good faith when making an arrest under subsection (14)?

The officer is immune from civil liability Signup and view all the answers

What is the condition for arresting someone who has committed trespass in a secure area of an airport?

If signs are posted in conspicuous areas of the airport Signup and view all the answers

Who is immune from civil liability when making an arrest under subsection (14)?

The law enforcement officer Signup and view all the answers

What is the condition for arresting someone who has committed assault upon a law enforcement officer?

If the officer is on duty Signup and view all the answers

What is the primary purpose of searching a person arrested and the area within their immediate presence?

To protect the officer from attack and prevent escape Signup and view all the answers

What is required for a law enforcement officer to give a notice to appear to a person without a warrant?

The officer must have probable cause and the owner or manager of the public lodging establishment must sign an affidavit Signup and view all the answers

Under what condition can a person arrested for a traffic, regulatory, or misdemeanor offense be strip searched?

If there is probable cause to believe the individual is concealing a weapon or stolen property Signup and view all the answers

What is the significance of subsection (13)?

It provides the conditions for arresting someone who has committed an act of domestic violence Signup and view all the answers

Who should perform a strip search?

A person of the same gender as the arrested person Signup and view all the answers

What is the consequence of a law enforcement officer making an arrest under subsection (15)?

The officer is immune from civil liability Signup and view all the answers

What should an arresting officer do when arresting a person who appears to be inebriated or not in control of their physical functions?

Examine them to ascertain if they are wearing a medic-alert bracelet or necklace Signup and view all the answers

What can an officer do if a person arrested escapes or is rescued?

Immediately pursue and retake the person arrested without a warrant Signup and view all the answers

What is the purpose of subsection (14)?

To provide the conditions for arresting someone who has committed trespass in a secure area of an airport Signup and view all the answers

What is the right of a person arrested?

To consult with any attorney entitled to practice in this state Signup and view all the answers

What is the purpose of searching the area within the person's immediate presence?

To discover the fruits of a crime Signup and view all the answers

When can a body cavity search be performed?

Under sanitary conditions Signup and view all the answers

Who must authorize a strip search within an agency or facility?

The supervising officer on duty Signup and view all the answers

What is the requirement for performing a strip search?

The search must be performed by a person of the same gender as the arrested person Signup and view all the answers

When a person who is deaf is arrested and taken into custody, what should be sought prior to interrogating the person?

A qualified interpreter Signup and view all the answers

What is included in the definition of 'fresh pursuit' in this act?

The pursuit of a person who is reasonably suspected of having committed a felony, a misdemeanor, or a violation of a county or municipal ordinance Signup and view all the answers

What is the responsibility of the officer in charge of the jurisdiction when an arrest is made outside their county?

To take the person arrested before a trial court judge without unnecessary delay Signup and view all the answers

What is the liability of the employing agency when an officer makes an arrest on fresh pursuit?

The agency is liable for all actions of the officer in the same fashion as if the officer had made an arrest within their jurisdiction Signup and view all the answers

What is the authority of a law enforcement officer employed by a municipality when patrolling property and facilities outside the municipality's jurisdictional limits?

To take a person into custody and detain them for a reasonable time when there is probable cause Signup and view all the answers

When a law enforcement officer employed by a municipality takes a person into custody outside the municipality's jurisdictional limits, what should they do immediately?

Call a law enforcement officer with jurisdiction over the property or facility Signup and view all the answers

What is the purpose of requiring a law enforcement officer to take a person into custody and detain them for a reasonable time?

To ensure the person's safety and the safety of others Signup and view all the answers

What is the result of an arrest made by a law enforcement officer employed by a municipality outside the municipality's jurisdictional limits?

The officer is fully protected with respect to pension, retirement, workers' compensation, and other benefits Signup and view all the answers

What is the limitation on the authority of a law enforcement officer employed by a municipality to patrol property and facilities outside the municipality's jurisdictional limits?

The officer can patrol property and facilities outside the municipality's jurisdictional limits only when there is probable cause Signup and view all the answers

What is required to be sent by registered mail in order to remove an arrest booking photograph?

A written request with sufficient proof of identification and specific information identifies the photograph Signup and view all the answers

What is the primary purpose of the authority granted to a law enforcement officer employed by a municipality to patrol property and facilities outside the municipality's jurisdictional limits?

To ensure the safety and security of the public and the property Signup and view all the answers

How long does a person or entity have to remove an arrest booking photograph after receiving a written request for removal?

10 calendar days Signup and view all the answers

What is the civil penalty for noncompliance with an injunction under paragraph (3)(a)?

$1,000 per day Signup and view all the answers

What is the civil penalty for noncompliance with an injunction under paragraph (3)(b)?

$5,000 per day Signup and view all the answers

What is the consequence of refusing to remove an arrest booking photograph after a written request has been made?

Unfair or deceptive trade practice Signup and view all the answers

When does this section not apply to a person or entity?

When they publish or disseminate information relating to arrest booking photographs for a commercial purpose Signup and view all the answers

What is deposited into the General Revenue Fund?

Both moneys recovered for civil penalties under paragraphs (3)(a) and (b) Signup and view all the answers

What is the purpose of the written request for removal of the arrest booking photograph?

To request the removal of the photograph from publication or electronic medium Signup and view all the answers

What is the consequence of republishing or otherwise redisseminating an arrest booking photograph after a written request to remove such photograph has been made?

Civil action to enjoin the continued publication or dissemination of the photograph Signup and view all the answers

What is the court-awarded relief for noncompliance with an injunction?

Reasonable attorney fees, court costs, and civil penalty Signup and view all the answers

What happens if the adult does not successfully complete the prearrest diversion program?

The law enforcement officer determines if there is good cause to arrest the adult for the original misdemeanor offense Signup and view all the answers

Who develops the prearrest diversion program and its policies and procedures?

Representatives of participating law enforcement agencies, a representative of the program services provider, the public defender, the state attorney, and the clerk of the circuit court Signup and view all the answers

What is the penalty for a person who violates subsection (1) of 901.36?

Misdemeanor of the first degree Signup and view all the answers

What information is electronically provided to the clerk of the circuit court upon intake of an adult participating in the prearrest diversion program?

The adult's personal identifying information Signup and view all the answers

What type of misdemeanor offenses do not qualify for a civil citation or prearrest diversion program?

Misdemeanor crimes of domestic violence or violent misdemeanors Signup and view all the answers

Under what circumstances can a person commit a felony of the third degree according to 901.36?

If the person gives a false name or identification and it results in another person being adversely affected Signup and view all the answers

What is the purpose of prearrest diversion programs according to 901.41?

To allow certain adults to avoid an arrest record while receiving appropriate services and fulfilling community service obligations Signup and view all the answers

What happens to the fee received by the clerk of the circuit court for receipt and maintenance of the required information?

It is deposited into the fine and forfeiture fund established under s. 142.01 Signup and view all the answers

What is prohibited by s. 901.43?

The solicitation or acceptance of a fee to remove arrest booking photographs Signup and view all the answers

What is the liability of a law enforcement officer who detains a person under subsection (1)?

The officer is not liable for false arrest, false imprisonment, or unlawful detention if the actions taken were reasonable. Signup and view all the answers

What is required for a law enforcement officer to issue a civil citation or similar prearrest diversion program notice according to 901.41?

The adult must admit to committing the offense and has not previously been arrested and has not received an adult civil citation or similar prearrest diversion program notice Signup and view all the answers

What is the consequence of failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions?

The foreign national is not discharged from custody, and the failure to provide consular notification is not a defense in any criminal proceeding. Signup and view all the answers

What happens if an adult who receives a civil citation or similar prearrest diversion program notice does not fulfill their community service obligations?

The adult will be arrested and charged with the offense Signup and view all the answers

Who can make a request, in writing, for the removal of an arrest booking photograph?

The person whose arrest booking photograph is published or otherwise disseminated, or his or her legal representative Signup and view all the answers

What is the purpose of the prearrest diversion program?

To provide an alternative to criminal prosecution for adults who commit misdemeanor offenses Signup and view all the answers

What is the purpose of a court ordering restitution according to 901.36?

To compensate the victim for any damages or losses Signup and view all the answers

Can a law enforcement officer conduct an otherwise lawful search even if a notice to appear is issued?

Yes, the issuance of a notice to appear does not affect the officer's authority to conduct a lawful search. Signup and view all the answers

What is the effect of a person violating subsection (1) of 901.36 on another person?

The other person is adversely affected by the unlawful use of their name or identification Signup and view all the answers

What is required for the development of the prearrest diversion program's policies and procedures?

Input from other interested stakeholders Signup and view all the answers

What happens if a person fails to appear before a court or judicial officer as required by a written notice to appear?

The person is fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge. Signup and view all the answers

What is the role of a court in correcting public records according to 901.36?

To issue orders necessary to correct any public record that contains a false name or identification Signup and view all the answers

What is the purpose of the clerk of the circuit court maintaining a statewide database?

To provide a single point of access for all required information about program participants Signup and view all the answers

Who is responsible for paying the expenses of medical care, treatment, hospitalization, and transportation for a person injured during or at the time of arrest?

The person receiving the medical care, treatment, hospitalization, and transportation. Signup and view all the answers

In what order should a provider of medical services seek reimbursement for the expenses incurred?

From an insurance company, then from the person receiving the medical care, treatment, hospitalization, or transportation, then from a financial settlement. Signup and view all the answers

What is the purpose of a prearrest diversion program notice according to 901.41?

To provide appropriate services and fulfill community service obligations to the person who committed the offense Signup and view all the answers

What happens if reimbursement from the sources listed in subsection (1) is not available?

The costs of medical care, treatment, hospitalization, and transportation are paid by the state or county government. Signup and view all the answers

What is the limit on the number of times an eligible adult can participate in the prearrest diversion program according to 901.41?

The local adult prearrest diversion program establishes a limit Signup and view all the answers

What should an arrested person who has health insurance or receives health care benefits do?

Assign the benefits to the health care provider. Signup and view all the answers

What is the responsibility of a provider of medical services?

To seek reimbursement for the expenses incurred from an insurance company, then from the person receiving the medical care, treatment, hospitalization, or transportation. Signup and view all the answers

Who is responsible for paying the costs of medical care, treatment, hospitalization, and transportation if an arrested person is released from the custody of the arresting agency?

The person receiving the medical care, treatment, hospitalization, or transportation. Signup and view all the answers

Study Notes

Judicial Officers' Authority

Judicial officers in Florida have committing authority, meaning they can issue warrants of arrest, commit offenders to jail, and require sureties of the peace when the peace has been substantially threatened or disturbed.

Issuance of Arrest Warrants

A judge can issue an arrest warrant if they are satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within their jurisdiction.
The warrant must be signed by the judge with their name and office.
A judge can electronically sign an arrest warrant if the complaint bears the affiant's signature or electronic signature, and is submitted electronically.

Direction and Execution of Warrant

Warrants are directed to all sheriffs of the state.
A warrant can be executed by the sheriff of the county in which the arrest is made, unless the arrest is made in fresh pursuit, in which case it can be executed by any sheriff who is advised of the existence of the warrant.

Admission to Bail

When an arrest by warrant occurs in a county other than the one in which the alleged offense was committed, the arresting officer must inform the person of their right to bail.
The person arrested may be taken before a trial court judge or other official with authority to admit to bail in the county where the arrest was made.

Summons

A trial court judge may issue a summons instead of a warrant when the complaint is for an offense that the judge is empowered to try summarily.
The summons must set forth substantially the nature of the offense and command the person to appear before the trial court judge at a stated time and place.

Effect of Failure to Answer Summons

Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100.
If the trial court judge issues a warrant when a person fails to appear as commanded by a summons, it is a separate offense from the original charge.

Arrest by Officer Without Warrant

A law enforcement officer may arrest a person without a warrant when:
- A felony or misdemeanor has been committed in the officer's presence.
- The officer reasonably believes that a felony has been committed and the person to be arrested committed it.
- A felony warrant has been issued and is held by another peace officer for execution.
- A violation of chapter 316 has been committed in the presence of the officer.

Federal Law Enforcement Officers

Federal law enforcement officers have the authority to make warrantless arrests of persons who have committed a felony or misdemeanor involving violence in their presence.
They may use force reasonably necessary to defend themselves or others from bodily harm while making an arrest.
They may conduct warrantless searches incident to an arrest and seize weapons to protect themselves or prevent escape.### Stop and Frisk Law
Section 901.151, known as the "Florida Stop and Frisk Law", allows law enforcement officers to temporarily detain a person if they reasonably believe the person has committed, is committing, or is about to commit a criminal offense.
The detention is limited to ascertaining the person's identity and the circumstances surrounding their presence.
The detention must take place in the immediate vicinity where the officer first detained the person.
If probable cause for arrest appears during the detention, the person shall be arrested. Otherwise, they shall be released.
If the officer reasonably believes the person is armed and poses a threat, they may search the person to disclose any weapons.

Arrest by Warrant

Section 901.16 outlines the procedure for making an arrest by warrant.
The officer must inform the person of the cause of the arrest and the fact that a warrant has been issued.
The officer does not need to have the warrant in their possession at the time of arrest, but must produce it upon request.

Arrest Without Warrant

Section 901.17 outlines the procedure for making an arrest without a warrant.
The officer must inform the person of their authority and the cause of the arrest.
The officer can command the aid of other persons to make the arrest.

Officer's Authority

Section 901.18 allows an officer making a lawful arrest to command the aid of other persons to assist in the arrest.
Those commanded to aid the officer have the same authority to arrest as the officer.
They are not civilly liable for reasonable conduct in rendering assistance.

Right to Break into Building

Section 901.19 allows an officer to use necessary and reasonable force to enter a building to make an arrest if:
- They have announced their authority and purpose, and
- The person to be arrested is or is reasonably believed to be within the building.

Use of Force to Effect Release

Section 901.20 allows an officer to use reasonable force to liberate themselves or another person from detention in a building entered to make an arrest.

Search of Person Arrested

Section 901.21 allows an officer to search a person arrested and their immediate surroundings for:
- Protecting the officer from attack
- Preventing escape
- Discovering fruits of a crime
The search may include seizing instruments, articles, or things discovered on the person or in their immediate control.

Strip Searches of Persons Arrested

Section 901.211 regulates strip searches of arrested persons, including:
- Defining a strip search and when it is allowed
- Requiring a qualified interpreter for deaf persons
- Ensuring sanitary conditions for body cavity searches### Local Adult Prearrest Diversion Program
The program establishes a limit on the number of times an eligible adult can participate.
An adult who receives a civil citation or similar prearrest diversion program notice must report for intake and receive assessment, intervention, education, and behavioral health care services.
The adult must perform community service hours as specified by the program and pay restitution due to the victim.
If the adult does not successfully complete the program, the law enforcement officer determines if there is good cause to arrest the adult for the original misdemeanor offense.

Program Development and Implementation

Representatives of participating law enforcement agencies, the program services provider, the public defender, the state attorney, and the clerk of the circuit court create the program and develop its policies and procedures.
The program's policies and procedures include eligibility criteria, program implementation and operation, and the determination of the fee, if any, to be paid by adults participating in the program.
The program may be operated by an entity such as a law enforcement agency or a county or municipality.

Program Operation and Confidentiality

Upon intake, the program operator electronically provides the participant's personal identifying information to the clerk of the circuit court.
The clerk of the circuit court maintains the confidentiality of the participant's personal identifying information and maintains it in a statewide database.
If the program imposes a participation fee, the clerk of the circuit court receives a reasonable portion of the fee for receipt and maintenance of the required information.

Applicability and Eligibility

The section does not preempt a county or municipality from enacting noncriminal sanctions for a violation of an ordinance or other violation.
A violent misdemeanor, a misdemeanor crime of domestic violence, or certain specified misdemeanors do not qualify for a civil citation or prearrest diversion program.

Dissemination of Arrest Booking Photographs

A person or entity engaged in the business of publishing or disseminating arrest booking photographs may not solicit or accept a fee to remove the photographs.
A person whose arrest booking photograph is published or disseminated can request removal of the photograph in writing, and the person or entity must remove the photograph without charge within 10 calendar days.
Failure to remove the photograph or republishing it after a written request can result in a civil penalty and an injunction.

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Description

This quiz covers the committing authority of judicial officers, including issuing warrants, committing offenders to jail, and requiring sureties of the peace.