Arrest FSS 901

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Questions and Answers

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?

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)?

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?

Either with a physical signature or an electronic signature Signup and view all the answers

What is required for an arrest warrant to be deemed issued?

The judge must affix their signature or electronic signature to the warrant Signup and view all the answers

What is a requirement for a complaint submitted electronically?

It must be submitted by reliable electronic means Signup and view all the answers

What is the purpose of recognizing offenders to appear to answer the charge?

To ensure they appear in court to answer the charge Signup and view all the answers

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

When a complaint has been filed charging the commission of a misdemeanor only Signup and view all the answers

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

To strongly discourage arrest and charges of both parties Signup and view all the answers

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?

Civil liability Signup and view all the answers

What is the probable cause for making an arrest according to subsection (8)?

Committing child abuse Signup and view all the answers

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

To strongly encourage the arrest and prosecution of persons who commit child abuse Signup and view all the answers

What is probable cause to believe a person has committed, according to subsection (9)?

All of the above Signup and view all the answers

Who can provide a signed affidavit for a law enforcement officer to make an arrest?

All of the above Signup and view all the answers

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

Surrender the person to the sheriff of the county 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 a condition for a law enforcement officer to be immune from civil liability?

Exercising due care Signup and view all the answers

What is the purpose of subsection (10)?

To provide a procedure for arresting individuals on federal military property Signup and view all the answers

What is the meaning of the term 'electronic signature' in this section?

The same meaning as provided in s. 933.40 Signup and view all the answers

To whom are warrants directed?

All sheriffs of the state Signup and view all the answers

Who can execute a warrant?

The sheriff of the county in which the arrest is made Signup and view all the answers

When can an arrest be made?

On any day and at any time of the day or night Signup and view all the answers

What happens if an arrest occurs in a county other than the one in which the alleged offense was committed?

The person arrested is informed of their right to bail and taken before a trial court judge Signup and view all the answers

What is the maximum fine for indirect criminal contempt of court for failing to appear as commanded by a summons?

$100 Signup and view all the answers

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

They are taken before the trial court judge who issued the warrant Signup and view all the answers

When can a trial court judge issue a warrant?

When a person fails to appear as commanded by a summons Signup and view all the answers

When can a summons be issued instead of a warrant?

When the offense is a misdemeanor and the trial court judge is empowered to try it summarily Signup and view all the answers

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

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

What must the summons set forth?

The nature of the offense and the time and place of the trial Signup and view all the answers

Who issues a summons?

The trial court judge 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 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?

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

What is the procedure for serving a summons in a civil action?

The same manner as a summons in a civil action Signup and view all the answers

What happens when a person fails to appear as commanded by a summons?

Both a and b Signup and view all the answers

When can a law enforcement officer arrest a person for violating chapter 316?

All of the above Signup and view all the answers

What is the purpose of a summons against a corporation?

To command the corporation to appear in court Signup and view all the answers

What is the effect of a corporation's failure to appear in court after being summoned?

The court enters a plea of not guilty Signup and view all the answers

What is the basis for a law enforcement officer's decision to arrest a person for domestic violence?

Probable cause Signup and view all the answers

Where can a person be temporarily detained?

Only in the immediate vicinity where the detention was first effected 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

When can a law enforcement officer search a temporarily detained person?

When the officer believes the person is armed with a dangerous weapon Signup and view all the answers

What is the requirement for admissibility of evidence in court?

The search must be authorized by and conducted in compliance with the statute Signup and view all the answers

What must a peace officer inform the person to be arrested of when making an arrest by a warrant?

The cause of arrest and that a warrant has been issued Signup and view all the answers

Under what circumstances may a law enforcement officer make an arrest?

If the officer has probable cause to believe a felony has been committed. Signup and view all the answers

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

The officer must have probable cause to believe a felony has been committed. Signup and view all the answers

What must a peace officer inform the person to be arrested of when making an arrest without a warrant?

The officer's authority and the cause of arrest Signup and view all the answers

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

The same authority to arrest as the peace officer Signup and view all the answers

What is the scope of an officer's authority under subsection (12)?

The officer's authority is statewide. Signup and view all the answers

Under what circumstances can a peace officer use force to enter a building or property?

When the officer fails to gain admittance after announcing their authority and purpose Signup and view all the answers

What is an exception to the general rule of arrest authority under subsection (13)?

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

What is the purpose of a peace officer announcing their authority and purpose when making an arrest?

To avoid using force to enter the building or property Signup and view all the answers

What is the penalty for a person who is arrested under subsection (14)?

There is no penalty specified in the statute. Signup and view all the answers

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)?

Immunity from civil liability. Signup and view all the answers

What is the consequence of a person commanded to aid a peace officer rendering reasonable assistance?

They are not civilly liable for their actions Signup and view all the answers

What is the circumstance under which a law enforcement officer may make an arrest under subsection (15)?

When the person has committed assault upon a law enforcement officer, a firefighter, or other specified officers. Signup and view all the answers

What is the circumstance under which a law enforcement officer may make an arrest under subsection (16)?

When the person has committed a criminal act of sexual cyberharassment. Signup and view all the answers

What is the scope of a law enforcement officer's authority to make an arrest under subsection (14)?

The officer may make an arrest on or off airport premises. Signup and view all the answers

What is the requirement for signs to be posted in conspicuous areas of the airport under subsection (14)?

The signs must do both of the above. Signup and view all the answers

What should a peace officer do when they find implements, devices, or apparatus commonly used for gambling purposes?

Seize and hold them as evidence, to be publicly destroyed later Signup and view all the answers

Under what circumstances may a peace officer use force to liberate themselves or another person from detention?

When entered for the purpose of making a lawful arrest Signup and view all the answers

What is the purpose of a search of a person arrested?

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

What is the definition of a 'strip search' in the context of an arrest?

Having an arrested person remove or arrange some or all of their clothing Signup and view all the answers

Who can perform a strip search on an arrested person?

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

Under what circumstances may a body cavity search be performed?

Under sanitary conditions Signup and view all the answers

What is required for a law enforcement officer to order a strip search?

Written authorization from a supervising officer Signup and view all the answers

What is the purpose of seizing instruments, articles, or things during a search?

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

What is the limitation on performing a strip search on an arrested person?

Only allowed except for traffic, regulatory, or misdemeanor offenses Signup and view all the answers

Who can observe a strip search?

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

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?

All actions of the officer, including those made outside their jurisdiction Signup and view all the answers

What happens to a law enforcement officer's benefits if they make an arrest on fresh pursuit?

They are unaffected, as if the officer had made an arrest in their own jurisdiction Signup and view all the answers

What can a law enforcement officer employed by a municipality do on property and facilities outside the municipality's jurisdictional limits?

Patrol the property and take a person into custody if there is probable cause Signup and view all the answers

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

They are not liable for false arrest, false imprisonment, or unlawful detention if they acted reasonably Signup and view all the answers

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

It is not a defense in any criminal proceeding against a foreign national Signup and view all the answers

What happens if a person fails to obey a written promise to appear in court?

They are 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 purpose of the statute regarding a law enforcement officer's authority to take a person to a medical facility?

To authorize a law enforcement officer to take a person to a medical facility, even if a notice to appear is issued Signup and view all the answers

What does the issuance of a notice to appear not affect?

A law enforcement officer's authority to conduct a search Signup and view all the answers

What is the consequence of a person failing to appear in court after being summoned?

They are 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 purpose of the statute regarding a law enforcement officer's authority to patrol property and facilities outside the municipality's jurisdictional limits?

To authorize a law enforcement officer to patrol property and facilities outside the municipality's jurisdictional limits, and make an arrest if there is probable cause Signup and view all the answers

Who is responsible for paying the expenses of medical care, treatment, hospitalization, and transportation for an arrested person?

The person receiving the medical care Signup and view all the answers

What is the order in which a provider of medical services seeks reimbursement for expenses incurred?

From an insurance company, then from the person receiving the medical care Signup and view all the answers

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?

Misdemeanor of the first degree Signup and view all the answers

What is the purpose of a court's order to correct any public record due to a false name or identification?

To correct the public record and ensure accuracy Signup and view all the answers

What is the goal of prearrest diversion programs?

To provide an alternative to arrest for certain adults Signup and view all the answers

Who is responsible for paying the costs of medical care, treatment, hospitalization, and transportation if reimbursement is not available from other sources?

The general fund of the county Signup and view all the answers

What is the consequence of a person's failure to assign their health insurance benefits to the health care provider?

The person is responsible for paying the medical expenses Signup and view all the answers

What is the purpose of a court's order to issue restitution in a case of a person giving a false name or identification?

To compensate the person who was adversely affected Signup and view all the answers

Who is encouraged to implement prearrest diversion programs?

Local communities and public or private educational institutions Signup and view all the answers

What is the responsibility of a provider of medical services regarding reimbursement for expenses incurred?

To seek reimbursement from all available sources Signup and view all the answers

What is the penalty for noncompliance with an injunction?

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

What happens to moneys recovered for civil penalties?

They are deposited into the General Revenue Fund Signup and view all the answers

What constitutes an unfair or deceptive trade practice?

Refusing to remove an arrest booking photograph after written request Signup and view all the answers

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

When they only publish arrest booking photographs for non-commercial purposes Signup and view all the answers

What is the primary business model of a person or entity that falls under this section?

Publishing and disseminating arrest booking photographs for a commercial purpose Signup and view all the answers

What must a person or entity refrain from doing to avoid falling under this section?

Soliciting or accepting payment to remove arrest booking photographs Signup and view all the answers

What is the purpose of a prearrest diversion program for adults?

To allow certain adults to avoid an arrest record while ensuring they receive appropriate services and fulfill their community service obligations Signup and view all the answers

Who develops the policies and procedures of a prearrest diversion program?

Representatives of 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 a requirement for an adult to receive a civil citation or similar prearrest diversion program notice?

The adult admits that they committed the offense or does not contest 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 happens if an adult does not successfully complete the prearrest diversion program?

The law enforcement officer must determine if there is good cause to arrest the adult for the original misdemeanor offense and, if so, refer the case to the state attorney to determine whether prosecution is appropriate Signup and view all the answers

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?

To ensure that adults do not take advantage of the program Signup and view all the answers

What is the purpose of sharing information with other prearrest diversion programs?

To improve the effectiveness of the prearrest diversion program Signup and view all the answers

What is the role of the program operator in the prearrest diversion program?

To electronically provide the participant's personal identifying information to the clerk of the circuit court Signup and view all the answers

What happens when an adult participates in the prearrest diversion program?

The adult receives a civil citation or similar prearrest diversion program notice and must report for intake as required by the local prearrest diversion program Signup and view all the answers

What is the purpose of the clerk of the circuit court maintaining the confidentiality of the participant's personal identifying information?

To protect the participant's privacy and maintain the confidentiality of their personal identifying information Signup and view all the answers

What is the role of the representative of the program services provider in the development of the prearrest diversion program?

To provide input on the program's policies and procedures along with other stakeholders 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 has probable cause to believe a violation of s. 509.144 has been committed and the owner or manager of the public lodging establishment signs an affidavit. Signup and view all the answers

Who can make a warrantless arrest of any person who has committed a felony or misdemeanor?

Only federal law enforcement officers Signup and view all the answers

What is the purpose of temporarily detaining a person under the Florida Stop and Frisk Law?

To ascertain the identity of the person and the circumstances surrounding their presence Signup and view all the answers

What is required for a federal law enforcement officer to use force while making an arrest?

The officer must believe the person poses a threat of death or serious physical harm Signup and view all the answers

What authority do federal law enforcement officers have in the state?

To make warrantless arrests for state and federal crimes Signup and view all the answers

What is a requirement for a federal law enforcement officer to conduct a warrantless search incident to an arrest?

The search must be conducted according to s. 901.21 Signup and view all the answers

What is the purpose of a federal law enforcement officer seizing weapons?

All of the above Signup and view all the answers

Under what circumstances may a law enforcement officer temporarily detain a person?

When the officer reasonably believes the person has committed, is committing, or is about to commit a crime Signup and view all the answers

What is the Florida Stop and Frisk Law also known as?

This section may be known and cited as the 'Florida Stop and Frisk Law' Signup and view all the answers

Where does the clerk of the circuit court deposit the fee for receipt and maintenance of the required information?

Fine and forfeiture fund established under s. 142.01 Signup and view all the answers

What is not preempted by this section?

A county or municipality from creating its own prearrest diversion program for adults Signup and view all the answers

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

Violent misdemeanor Signup and view all the answers

What is required to request the removal of an arrest booking photograph?

A written request sent by registered mail with sufficient proof of identification Signup and view all the answers

What is the penalty for noncompliance with an injunction to remove an arrest booking photograph?

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

What happens if a person or entity republishes or redisseminates an arrest booking photograph after removing it?

The person whose photograph is republished or redisseminated can bring a civil action to enjoin the continued publication or dissemination Signup and view all the answers

Where are the moneys recovered for civil penalties under this section deposited?

General Revenue Fund Signup and view all the answers

What is the purpose of maintaining a statewide database of information?

To provide a single point of access for all such statewide information Signup and view all the answers

What is not exempt from public records requirements?

None of the above Signup and view all the answers

What is the purpose of s. 901.43?

To regulate the dissemination of arrest booking photographs Signup and view all the answers

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?

To determine if the person is wearing a medic-alert bracelet or necklace. Signup and view all the answers

What happens if a person lawfully arrested escapes or is rescued?

The person from whose custody the person escaped or was rescued may immediately pursue and retake the person. Signup and view all the answers

What is the right of a person arrested?

To consult with any attorney entitled to practice in the state, alone and in private. Signup and view all the answers

What is required when a deaf person is arrested and taken into custody for an alleged violation of a criminal law?

The services of a qualified interpreter must be sought prior to interrogating the deaf person. Signup and view all the answers

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

All of the above. Signup and view all the answers

What is the authority of an officer in fresh pursuit?

The officer has the same authority to arrest and hold the person in custody outside their jurisdiction as they would in their own jurisdiction. Signup and view all the answers

What happens if an arrest is made in a county other than the one in which the officer's jurisdiction lies?

The officer must immediately notify the officer in charge of the jurisdiction in which the arrest was made. Signup and view all the answers

What must the officer in charge of the jurisdiction in which the arrest was made do?

Take the person arrested before a trial court judge of the county in which the arrest was made. Signup and view all the answers

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?

To determine if the person has a right to bail. Signup and view all the answers

What happens if an officer makes an arrest outside their jurisdiction and the person arrested does not have a right to bail?

The officer must take the person arrested before a trial court judge of the county in which the arrest was made. Signup and view all the answers

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

A law enforcement officer employed by a municipality can patrol property and facilities outside the jurisdictional limits of the municipality
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
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.
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.
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.