Podcast
Questions and Answers
What authority do state judicial officers have?
What authority do state judicial officers have?
- Authority to sentence offenders
- Authority to issue summons only
- Committing authority to issue warrants of arrest and commit offenders to jail (correct)
- Authority to determine probable cause
Under what circumstances may a judge require sureties of the peace?
Under what circumstances may a judge require sureties of the peace?
- When the judge determines that probable cause exists
- When a complaint has been filed charging the commission of a misdemeanor
- When the defendant has been arrested and jailed
- When the peace has been substantially threatened or disturbed (correct)
What is a condition for issuing an arrest warrant under subsection (2)?
What is a condition for issuing an arrest warrant under subsection (2)?
- The defendant has failed to appear in court
- The summons issued to the defendant has been returned unserved (correct)
- The judge has determined that probable cause exists
- The complaint has been filed charging the commission of a felony
How may a judge sign an arrest warrant?
How may a judge sign an arrest warrant?
What is required for an arrest warrant to be deemed issued?
What is required for an arrest warrant to be deemed issued?
What is a requirement for a complaint submitted electronically?
What is a requirement for a complaint submitted electronically?
What is the purpose of recognizing offenders to appear to answer the charge?
What is the purpose of recognizing offenders to appear to answer the charge?
When may a judge issue a warrant for the defendant's arrest?
When may a judge issue a warrant for the defendant's arrest?
What is the public policy of the state regarding arrest and charges of both parties for domestic violence or dating violence?
What is the public policy of the state regarding arrest and charges of both parties for domestic violence or dating violence?
What is a law enforcement officer immune from if they act in good faith and exercise due care in making an arrest under this subsection?
What is a law enforcement officer immune from if they act in good faith and exercise due care in making an arrest under this subsection?
What is the probable cause for making an arrest according to subsection (8)?
What is the probable cause for making an arrest according to subsection (8)?
What is the public policy of the state regarding the protection of abused children?
What is the public policy of the state regarding the protection of abused children?
What is probable cause to believe a person has committed, according to subsection (9)?
What is probable cause to believe a person has committed, according to subsection (9)?
Who can provide a signed affidavit for a law enforcement officer to make an arrest?
Who can provide a signed affidavit for a law enforcement officer to make an arrest?
What should a law enforcement officer of the Florida National Guard do with a person arrested and charged with a felony?
What should a law enforcement officer of the Florida National Guard do with a person arrested and charged with a felony?
Who prescribes minimum training standards for law enforcement officers of the Florida National Guard?
Who prescribes minimum training standards for law enforcement officers of the Florida National Guard?
What is a condition for a law enforcement officer to be immune from civil liability?
What is a condition for a law enforcement officer to be immune from civil liability?
What is the purpose of subsection (10)?
What is the purpose of subsection (10)?
What is the meaning of the term 'electronic signature' in this section?
What is the meaning of the term 'electronic signature' in this section?
To whom are warrants directed?
To whom are warrants directed?
Who can execute a warrant?
Who can execute a warrant?
When can an arrest be made?
When can an arrest be made?
What happens if an arrest occurs in a county other than the one in which the alleged offense was committed?
What happens if an arrest occurs in a county other than the one in which the alleged offense was committed?
What is the maximum fine for indirect criminal contempt of court for failing to appear as commanded by a summons?
What is the maximum fine for indirect criminal contempt of court for failing to appear as commanded by a summons?
What happens if the person arrested does not have a right to bail?
What happens if the person arrested does not have a right to bail?
When can a trial court judge issue a warrant?
When can a trial court judge issue a warrant?
When can a summons be issued instead of a warrant?
When can a summons be issued instead of a warrant?
What happens when a corporation fails to appear in court after being summoned?
What happens when a corporation fails to appear in court after being summoned?
What must the summons set forth?
What must the summons set forth?
Who issues a summons?
Who issues a summons?
Under what circumstances can a law enforcement officer arrest a person without a warrant?
Under what circumstances can a law enforcement officer arrest a person without a warrant?
What happens when an arrest occurs in a county other than the one in which the alleged offense was committed and the person arrested does not have a right to bail?
What happens when an arrest occurs in a county other than the one in which the alleged offense was committed and the person arrested does not have a right to bail?
What is the procedure for serving a summons in a civil action?
What is the procedure for serving a summons in a civil action?
What happens when a person fails to appear as commanded by a summons?
What happens when a person fails to appear as commanded by a summons?
When can a law enforcement officer arrest a person for violating chapter 316?
When can a law enforcement officer arrest a person for violating chapter 316?
What is the purpose of a summons against a corporation?
What is the purpose of a summons against a corporation?
What is the effect of a corporation's failure to appear in court after being summoned?
What is the effect of a corporation's failure to appear in court after being summoned?
What is the basis for a law enforcement officer's decision to arrest a person for domestic violence?
What is the basis for a law enforcement officer's decision to arrest a person for domestic violence?
Where can a person be temporarily detained?
Where can a person be temporarily detained?
What happens if probable cause for arrest appears after temporary detention?
What happens if probable cause for arrest appears after temporary detention?
When can a law enforcement officer search a temporarily detained person?
When can a law enforcement officer search a temporarily detained person?
What is the requirement for admissibility of evidence in court?
What is the requirement for admissibility of evidence in court?
What must a peace officer inform the person to be arrested of when making an arrest by a warrant?
What must a peace officer inform the person to be arrested of when making an arrest by a warrant?
Under what circumstances may a law enforcement officer make an arrest?
Under what circumstances may a law enforcement officer make an arrest?
What is a requirement for a law enforcement officer to make an arrest under subsection (12)?
What is a requirement for a law enforcement officer to make an arrest under subsection (12)?
What must a peace officer inform the person to be arrested of when making an arrest without a warrant?
What must a peace officer inform the person to be arrested of when making an arrest without a warrant?
What authority does a person commanded to aid a peace officer have?
What authority does a person commanded to aid a peace officer have?
What is the scope of an officer's authority under subsection (12)?
What is the scope of an officer's authority under subsection (12)?
Under what circumstances can a peace officer use force to enter a building or property?
Under what circumstances can a peace officer use force to enter a building or property?
What is an exception to the general rule of arrest authority under subsection (13)?
What is an exception to the general rule of arrest authority under subsection (13)?
What is the purpose of a peace officer announcing their authority and purpose when making an arrest?
What is the purpose of a peace officer announcing their authority and purpose when making an arrest?
What is the penalty for a person who is arrested under subsection (14)?
What is the penalty for a person who is arrested under subsection (14)?
What is the immunity for a law enforcement officer who acts in good faith and exercises due care in making an arrest under subsection (14)?
What is the immunity for a law enforcement officer who acts in good faith and exercises due care in making an arrest under subsection (14)?
What is the consequence of a person commanded to aid a peace officer rendering reasonable assistance?
What is the consequence of a person commanded to aid a peace officer rendering reasonable assistance?
What is the circumstance under which a law enforcement officer may make an arrest under subsection (15)?
What is the circumstance under which a law enforcement officer may make an arrest under subsection (15)?
What is the circumstance under which a law enforcement officer may make an arrest under subsection (16)?
What is the circumstance under which a law enforcement officer may make an arrest under subsection (16)?
What is the scope of a law enforcement officer's authority to make an arrest under subsection (14)?
What is the scope of a law enforcement officer's authority to make an arrest under subsection (14)?
What is the requirement for signs to be posted in conspicuous areas of the airport under subsection (14)?
What is the requirement for signs to be posted in conspicuous areas of the airport under subsection (14)?
What should a peace officer do when they find implements, devices, or apparatus commonly used for gambling purposes?
What should a peace officer do when they find implements, devices, or apparatus commonly used for gambling purposes?
Under what circumstances may a peace officer use force to liberate themselves or another person from detention?
Under what circumstances may a peace officer use force to liberate themselves or another person from detention?
What is the purpose of a search of a person arrested?
What is the purpose of a search of a person arrested?
What is the definition of a 'strip search' in the context of an arrest?
What is the definition of a 'strip search' in the context of an arrest?
Who can perform a strip search on an arrested person?
Who can perform a strip search on an arrested person?
Under what circumstances may a body cavity search be performed?
Under what circumstances may a body cavity search be performed?
What is required for a law enforcement officer to order a strip search?
What is required for a law enforcement officer to order a strip search?
What is the purpose of seizing instruments, articles, or things during a search?
What is the purpose of seizing instruments, articles, or things during a search?
What is the limitation on performing a strip search on an arrested person?
What is the limitation on performing a strip search on an arrested person?
Who can observe a strip search?
Who can observe a strip search?
If a law enforcement officer makes an arrest on fresh pursuit, what is the employing agency of the state, county, or municipal officer liable for?
If a law enforcement officer makes an arrest on fresh pursuit, what is the employing agency of the state, county, or municipal officer liable for?
What happens to a law enforcement officer's benefits if they make an arrest on fresh pursuit?
What happens to a law enforcement officer's benefits if they make an arrest on fresh pursuit?
What can a law enforcement officer employed by a municipality do on property and facilities outside the municipality's jurisdictional limits?
What can a law enforcement officer employed by a municipality do on property and facilities outside the municipality's jurisdictional limits?
What is the liability of a law enforcement officer employed by a municipality who detains a person under subsection (1) of the statute?
What is the liability of a law enforcement officer employed by a municipality who detains a person under subsection (1) of the statute?
What is the effect of failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions?
What is the effect of failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions?
What happens if a person fails to obey a written promise to appear in court?
What happens if a person fails to obey a written promise to appear in court?
What is the purpose of the statute regarding a law enforcement officer's authority to take a person to a medical facility?
What is the purpose of the statute regarding a law enforcement officer's authority to take a person to a medical facility?
What does the issuance of a notice to appear not affect?
What does the issuance of a notice to appear not affect?
What is the consequence of a person failing to appear in court after being summoned?
What is the consequence of a person failing to appear in court after being summoned?
What is the purpose of the statute regarding a law enforcement officer's authority to patrol property and facilities outside the municipality's jurisdictional limits?
What is the purpose of the statute regarding a law enforcement officer's authority to patrol property and facilities outside the municipality's jurisdictional limits?
Who is responsible for paying the expenses of medical care, treatment, hospitalization, and transportation for an arrested person?
Who is responsible for paying the expenses of medical care, treatment, hospitalization, and transportation for an arrested person?
What is the order in which a provider of medical services seeks reimbursement for expenses incurred?
What is the order in which a provider of medical services seeks reimbursement for expenses incurred?
What is the punishment for a person who violates the prohibition against giving a false name or identification by a person arrested or lawfully detained?
What is the punishment for a person who violates the prohibition against giving a false name or identification by a person arrested or lawfully detained?
What is the purpose of a court's order to correct any public record due to a false name or identification?
What is the purpose of a court's order to correct any public record due to a false name or identification?
What is the goal of prearrest diversion programs?
What is the goal of prearrest diversion programs?
Who is responsible for paying the costs of medical care, treatment, hospitalization, and transportation if reimbursement is not available from other sources?
Who is responsible for paying the costs of medical care, treatment, hospitalization, and transportation if reimbursement is not available from other sources?
What is the consequence of a person's failure to assign their health insurance benefits to the health care provider?
What is the consequence of a person's failure to assign their health insurance benefits to the health care provider?
What is the purpose of a court's order to issue restitution in a case of a person giving a false name or identification?
What is the purpose of a court's order to issue restitution in a case of a person giving a false name or identification?
Who is encouraged to implement prearrest diversion programs?
Who is encouraged to implement prearrest diversion programs?
What is the responsibility of a provider of medical services regarding reimbursement for expenses incurred?
What is the responsibility of a provider of medical services regarding reimbursement for expenses incurred?
What is the penalty for noncompliance with an injunction?
What is the penalty for noncompliance with an injunction?
What happens to moneys recovered for civil penalties?
What happens to moneys recovered for civil penalties?
What constitutes an unfair or deceptive trade practice?
What constitutes an unfair or deceptive trade practice?
When does this section not apply to a person or entity?
When does this section not apply to a person or entity?
What is the primary business model of a person or entity that falls under this section?
What is the primary business model of a person or entity that falls under this section?
What must a person or entity refrain from doing to avoid falling under this section?
What must a person or entity refrain from doing to avoid falling under this section?
What is the purpose of a prearrest diversion program for adults?
What is the purpose of a prearrest diversion program for adults?
Who develops the policies and procedures of a prearrest diversion program?
Who develops the policies and procedures of a prearrest diversion program?
What is a requirement for an adult to receive a civil citation or similar prearrest diversion program notice?
What is a requirement for an adult to receive a civil citation or similar prearrest diversion program notice?
What happens if an adult does not successfully complete the prearrest diversion program?
What happens if an adult does not successfully complete the prearrest diversion program?
What is the purpose of the local adult prearrest diversion program establishing a limit on the number of times an eligible adult may participate in the program?
What is the purpose of the local adult prearrest diversion program establishing a limit on the number of times an eligible adult may participate in the program?
What is the purpose of sharing information with other prearrest diversion programs?
What is the purpose of sharing information with other prearrest diversion programs?
What is the role of the program operator in the prearrest diversion program?
What is the role of the program operator in the prearrest diversion program?
What happens when an adult participates in the prearrest diversion program?
What happens when an adult participates in the prearrest diversion program?
What is the purpose of the clerk of the circuit court maintaining the confidentiality of the participant's personal identifying information?
What is the purpose of the clerk of the circuit court maintaining the confidentiality of the participant's personal identifying information?
What is the role of the representative of the program services provider in the development of the prearrest diversion program?
What is the role of the representative of the program services provider in the development of the prearrest diversion program?
What is required for a law enforcement officer to give a notice to appear to a person without a warrant?
What is required for a law enforcement officer to give a notice to appear to a person without a warrant?
Who can make a warrantless arrest of any person who has committed a felony or misdemeanor?
Who can make a warrantless arrest of any person who has committed a felony or misdemeanor?
What is the purpose of temporarily detaining a person under the Florida Stop and Frisk Law?
What is the purpose of temporarily detaining a person under the Florida Stop and Frisk Law?
What is required for a federal law enforcement officer to use force while making an arrest?
What is required for a federal law enforcement officer to use force while making an arrest?
What authority do federal law enforcement officers have in the state?
What authority do federal law enforcement officers have in the state?
What is a requirement for a federal law enforcement officer to conduct a warrantless search incident to an arrest?
What is a requirement for a federal law enforcement officer to conduct a warrantless search incident to an arrest?
What is the purpose of a federal law enforcement officer seizing weapons?
What is the purpose of a federal law enforcement officer seizing weapons?
Under what circumstances may a law enforcement officer temporarily detain a person?
Under what circumstances may a law enforcement officer temporarily detain a person?
What is the Florida Stop and Frisk Law also known as?
What is the Florida Stop and Frisk Law also known as?
Where does the clerk of the circuit court deposit the fee for receipt and maintenance of the required information?
Where does the clerk of the circuit court deposit the fee for receipt and maintenance of the required information?
What is not preempted by this section?
What is not preempted by this section?
What type of misdemeanor does not qualify for a civil citation or prearrest diversion program?
What type of misdemeanor does not qualify for a civil citation or prearrest diversion program?
What is required to request the removal of an arrest booking photograph?
What is required to request the removal of an arrest booking photograph?
What is the penalty for noncompliance with an injunction to remove an arrest booking photograph?
What is the penalty for noncompliance with an injunction to remove an arrest booking photograph?
What happens if a person or entity republishes or redisseminates an arrest booking photograph after removing it?
What happens if a person or entity republishes or redisseminates an arrest booking photograph after removing it?
Where are the moneys recovered for civil penalties under this section deposited?
Where are the moneys recovered for civil penalties under this section deposited?
What is the purpose of maintaining a statewide database of information?
What is the purpose of maintaining a statewide database of information?
What is not exempt from public records requirements?
What is not exempt from public records requirements?
What is the purpose of s. 901.43?
What is the purpose of s. 901.43?
What is the purpose of a law enforcement officer examining a person who appears to be inebriated, intoxicated, or not in control of their physical functions?
What is the purpose of a law enforcement officer examining a person who appears to be inebriated, intoxicated, or not in control of their physical functions?
What happens if a person lawfully arrested escapes or is rescued?
What happens if a person lawfully arrested escapes or is rescued?
What is the right of a person arrested?
What is the right of a person arrested?
What is required when a deaf person is arrested and taken into custody for an alleged violation of a criminal law?
What is required when a deaf person is arrested and taken into custody for an alleged violation of a criminal law?
What is included in the definition of 'fresh pursuit'?
What is included in the definition of 'fresh pursuit'?
What is the authority of an officer in fresh pursuit?
What is the authority of an officer in fresh pursuit?
What happens if an arrest is made in a county other than the one in which the officer's jurisdiction lies?
What happens if an arrest is made in a county other than the one in which the officer's jurisdiction lies?
What must the officer in charge of the jurisdiction in which the arrest was made do?
What must the officer in charge of the jurisdiction in which the arrest was made do?
What is the purpose of an officer taking a person arrested before a trial court judge of the county in which the arrest was made?
What is the purpose of an officer taking a person arrested before a trial court judge of the county in which the arrest was made?
What happens if an officer makes an arrest outside their jurisdiction and the person arrested does not have a right to bail?
What happens if an officer makes an arrest outside their jurisdiction and the person arrested does not have a right to bail?
Study Notes
Judicial Officers
- Judicial officers have committing authority, which includes:
- Issuing warrants of arrest
- Committing offenders to jail
- Recognizing them to appear to answer the charge
- Requiring sureties of the peace when the peace has been substantially threatened or disturbed
Issuance of Arrest Warrants
- A judge may issue an arrest warrant when satisfied that probable cause exists for the issuance of the warrant
- Arrest warrant must be signed by the judge with the judge's name of office
- Additional circumstances for issuing a warrant include:
- A complaint has been filed charging the commission of a misdemeanor only
- The summons issued to the defendant has been returned unserved
- The conditions of probable cause are met
- A judge may electronically sign an arrest warrant if the requirements are met and the judge determines that the complaint is supported by an oath or affirmation
Direction and Execution of Warrant
- Warrants are directed to all sheriffs of the state
- A warrant shall be executed only by the sheriff of the county in which the arrest is made, unless the arrest is made in fresh pursuit
- An arrest may be made on any day and at any time of the day or night
Admission to Bail
- When an arrest occurs in a county other than the one in which the alleged offense was committed, the arresting officer shall inform the person of their right to bail
- The official shall admit the person to bail for their appearance before the trial court judge who issued the warrant
Effect of Not Answering Summons
- Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court
- The trial court judge may issue a warrant if the person fails to appear as commanded by a summons
Arrest by Officer Without Warrant
- A law enforcement officer may arrest a person without a warrant in certain circumstances, including:
- When a felony or misdemeanor has been committed in the officer's presence
- When the officer reasonably believes that a felony has been or is being committed
- When the officer reasonably believes that a person has committed a criminal act
- When a warrant for the arrest has been issued and is held by another peace officer for execution
- Other specific circumstances outlined in the statute
Notice to Appear
- A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that probable cause exists to believe that a violation of a specific statute has been committed
- The notice to appear must be supported by an affidavit containing information that supports the officer's determination of probable cause### Stop and Frisk Law
- Known as the "Florida Stop and Frisk Law"
- Law enforcement officer can temporarily detain a person if they reasonably believe the person has committed, is committing, or is about to commit a criminal offense
- Detention can only be for a reasonable amount of time and must be in the immediate vicinity where the person was stopped
- If probable cause for arrest is found, the person will be arrested; if not, they will be released
Search of Person Arrested
- Peace officer can search the person arrested and the area within their immediate presence for:
- Protecting the officer from attack
- Preventing the person from escaping
- Discovering fruits of a crime
- Officer can seize instruments, articles, or things discovered during the search
Right of Officer to Break into Building
- If a peace officer fails to gain admittance after announcing their authority and purpose, they can use reasonable force to enter a building or property
- Must be for the purpose of making a lawful arrest
Search of Person Arrested for Identifying Device Indicating a Medical Disability
- Law enforcement officer must examine a person who appears to be inebriated or not in control of their physical functions to check for a medic-alert bracelet or other identifying device indicating a medical disability
Arrest after Escape or Rescue
- If a person lawfully arrested escapes or is rescued, the officer can immediately pursue and retake the person without a warrant
Right of Person Arrested to Consult Attorney
- A person arrested has the right to consult with an attorney entitled to practice in Florida, alone and in private, at the place of custody
Fresh Pursuit
- Definition: the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony
- Allows an officer to arrest a person outside their jurisdiction if they are in fresh pursuit
- Officer must immediately notify the officer in charge of the jurisdiction where the arrest was made
Authority to Patrol Municipally Owned or Leased Property and Facilities Outside Municipal Limits
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A law enforcement officer employed by a municipality can patrol property and facilities outside the jurisdictional limits of the municipality
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Can take a person into custody if there is probable cause to believe a violation of state law or county/municipal ordinance has occurred on the property or facility### Model Prearrest Diversion Program
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A prearrest diversion program allows law enforcement officers to issue a civil citation or similar notice to certain adults who commit a qualifying misdemeanor offense.
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To be eligible, the adult must admit to the offense or not contest it, and must not have previously been arrested or received a similar citation.
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The program establishes a limit on the number of times an eligible adult can participate.
Program Requirements
- The adult must report for intake and receive appropriate assessment, intervention, education, and behavioral health care services.
- The adult must perform community service hours and pay restitution to the victim as required by the program.
- If the adult does not complete the program, the law enforcement officer may determine if there is good cause to arrest the adult for the original offense.
Program Development and Implementation
- The program is created by representatives of law enforcement agencies, the public defender, the state attorney, and the clerk of the circuit court.
- The program's policies and procedures are developed with input from other interested stakeholders.
- The program is operated by a designated entity, such as a law enforcement agency or county.
Eligibility and Exclusions
- Certain offenses, such as violent misdemeanors, domestic violence, and specified crimes, are not eligible for the program.
- The program does not preempt counties or municipalities from enacting noncriminal sanctions for ordinance violations.
Dissemination of Arrest Booking Photographs
- Entities that publish or disseminate arrest booking photographs cannot solicit or accept payment to remove them.
- Individuals can request removal of their photographs in writing, providing sufficient proof of identification.
- The entity must remove the photograph within 10 calendar days without charge and may not republish it.
Civil Actions and Penalties
- Failure to remove a photograph or republishing it after a written request can result in civil actions, injunctions, and civil penalties of $1,000 or $5,000 per day.
- Moneys recovered for civil penalties are deposited into the General Revenue Fund.
- Refusal to remove a photograph or republishing it after a written request constitutes an unfair or deceptive trade practice.
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Description
This quiz covers the powers and responsibilities of judicial officers in Florida, including issuing warrants and committing offenders to jail.
