Government Chapter 3: Legal Framework

Constitutional Law

• Florida Constitution grants residents rights equal to or greater than those under the federal Constitution.
• Supremacy Clause dictates that federal law prevails over conflicting state or local laws.
• State law can impose stricter regulations but cannot diminish federally established standards.

Statutory Law

• Enacted by legislative bodies in response to societal needs.
• Includes various types of law: criminal, civil, administrative, and regulatory.
• Criminal law defines unacceptable behaviors and corresponding punishments.
• Ordinances are municipal or county laws addressing specific local issues that cannot conflict with higher law levels.

Criminal Law and Ordinances

• Criminal law regulates actions deemed harmful to society and sets penalties.
• Ordinances may create criminal and civil infractions, varying by jurisdiction.

Civil Law

• Involves disputes between individuals that do not involve criminal charges.
• Courts facilitate resolution of private disputes, like custody or property boundary issues.
• Civil lawsuits require a court-recognized cause of action from the filer.

Categories of Criminal Intent

• Transferred intent occurs when a defendant unintentionally harms an innocent bystander while attempting to harm another.
• Recklessness applies when actions posed a risk of harm without intent, possibly leading to civil or criminal liability.

Negligence

• Defined as failure to exercise reasonable care, leading to unintentional harm.
• Scenarios highlight negligence: distracted driving or accidental harm during a fight.
• It encompasses both actions and omissions when duty exists to act.

Elements of Negligence

• Distinct elements must be proven separately in criminal versus civil cases to establish negligence.
• Necessitates proof of lack of care compared to a reasonable person under similar circumstances.

Search and Seizure Laws

• Law enforcement may conduct a frisk if there’s reasonable suspicion the individual may be armed while lawfully detained.
• Frisk constraints include the need for articulated reasons related to potential weapon possession.
• Probable cause is the required justification for arrests and searching property, holding a higher standard than reasonable suspicion.

Probable Cause

• Based on factual assessments that warrant a cautious person's belief in a crime's occurrence.
• Established through the totality of circumstances, including observable evidence of criminal activity.

Florida Contraband Forfeiture Act

• Empowers law enforcement to seize and forfeit property considered contraband, including illegal items and proceeds from felonies.
• Forfeiture processes are civil, aiming to transfer ownership from the defendant to the law enforcement agency.
• Proper procedures must be followed to respect the Fourth Amendment against unreasonable seizures, which includes avoiding profiling during contraband seizures.
• Law enforcement must adhere to specific guidelines outlined for seizure actions.

First Amendment Protections

• Protects activities like protests, public recording, and use of offensive language toward law enforcement.

Second Amendment Rights

• Guarantees the right to bear arms.
• Governed by Florida Statutes pertaining to firearms.

Fourth Amendment Protections

• Prohibits unreasonable search and seizure.
• Requires warrants for searches in areas with a reasonable expectation of privacy.
• Applies to stops, arrests, and use of force, ensuring reasonableness.

Fifth Amendment Rights

• Prohibits self-incrimination and requires grand jury indictments for capital crimes.
• Prohibits double jeopardy and ensures due process before depriving life, liberty, or property.
• Due process has two types: substantive and procedural due process.

Substantive and Procedural Due Process

• Substantive due process: Fair enforcement of laws.
• Procedural due process: Protection of rights throughout the criminal justice process.

Criminal Intent

• Key for establishing guilt in criminal offenses through defined conduct.
• Four classifications of intent: general intent, specific intent, transferred intent, and recklessness.

Types of Intent

• General intent: Intent to commit a prohibited act regardless of outcome (e.g., assault, kidnapping).
• Specific intent: Intent to commit a crime and achieve a specific outcome (e.g., burglary, embezzlement).
• Transferred intent: Harm intended for one person inadvertently causes harm to another.

Consensual Encounters

• Individuals may voluntarily engage in interactions with law enforcement without coercion.
• Allow officers to build community relationships and improve public trust.

Investigative Stops

• Require reasonable suspicion of a law violation to justify the stop.
• If no further reasonable suspicion develops, the stop concludes, and the individual is free to leave.

Reasonable Suspicion

• Must be based on articulable facts to support the suspicion of criminal activity.
• If evidence is obtained illegally (like through non-consensual entry), it may be excluded in court.

Plain View Doctrine

• Three conditions must be met for seizing contraband without a warrant:
  • Officer must be lawfully present.
  • Seized item must be in plain view.
  • Criminal nature of the item must be immediately apparent.

Mobile Conveyance Searches

• Vehicles have a reduced expectation of privacy, allowing warrantless searches under specific conditions.
• Probable cause is necessary for such searches, following the Carroll doctrine.
• The scope includes the entire vehicle and all containers within, as supported by relevant case law.

Search Incident to Arrest

• May include the arrestee's person and areas within their reach at the time of arrest.
• Recent rulings specify searches of vehicles may occur if within reach or if they potentially contain evidence of the arresting crime.

Abandoned Property and Open Fields

• Searches of these areas are exceptions to the search warrant requirement due to lack of reasonable expectation of privacy.

Constitutional Rights and Law Enforcement

• The Constitution protects citizens' rights, including the right to free speech, even in confrontational situations, such as receiving a ticket.
• Law enforcement officers must protect the constitutional rights of everyone in the U.S. while operating within the law's framework.

The Articles of the Constitution

• The Articles form the Constitution’s core, acting as a contract between U.S. citizens and the three branches of government: legislative, executive, and judicial.
• They outline the responsibilities and powers of government branches to ensure checks and balances.

Important Constitutional Amendments

• Key amendments related to law enforcement include the First, Second, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.
• The First Amendment guarantees freedoms of speech, press, peaceful assembly, and religion, essential for maintaining civil liberties.

Parties to a Crime

• Criminal defendants can be classified into two categories: principal in the first degree and accessory after the fact.
• A principal in the first degree directly commits the crime or aids its commission, while an accessory after the fact assists the principal in avoiding detection or punishment.

Criminal Liability and Omission

• Criminal liability can stem from failing to act if there is a legal duty to do so, not just a moral obligation.
• Specific acts or omissions must meet the legal criteria for criminal charges.

Categories of Criminal Intent

• Four classifications of intent exist:
  • General Intent: Intentional illegal acts without regard for consequences (e.g., assault, kidnapping).
  • Specific Intent: Intent to commit a crime with a specific outcome in mind (e.g., murder, burglary).
  • Transferred Intent: When harm intended for one person inadvertently affects another.
  • Recklessness: Conscious disregard of known risks.

Legal Standards and Evidence

• Probable Cause: Required for arrests; relies on credible information such as informants or verified tips.
• Different types of encounters necessitate varying levels of suspicion, from consensual encounters to investigative stops and arrests.

Proof Beyond a Reasonable Doubt

• A defendant's guilt must be proven beyond a reasonable doubt for a conviction, with the prosecution responsible for establishing all facets of the crime.

Legal Requirements for Search and Seizure

• Officers must understand legal protocols for conducting searches and seizures, informed by probable cause and applicable laws.
• Familiarity with permissible areas for searches (e.g., schools, courthouses, airports) is essential in law enforcement operations.

Stops Involving Concealed Weapons

• Law enforcement may encounter individuals legally carrying concealed weapons and must understand the rights and limitations governing such situations.