Podcast
Questions and Answers
What are the three branches of government in the United States?
What are the three branches of government in the United States?
Legislative, executive, and judicial.
What are the three standards of legal justification?
What are the three standards of legal justification?
Consensual encounters, investigative stops, and arrests.
What category of criminal intent is present when a person commits an illegal act without considering the results of the act?
What category of criminal intent is present when a person commits an illegal act without considering the results of the act?
General intent
What category of criminal intent is present when a person intends to commit a crime and intends to deprive an owner of something permanently?
What category of criminal intent is present when a person intends to commit a crime and intends to deprive an owner of something permanently?
What are the four basic classifications of criminal intent?
What are the four basic classifications of criminal intent?
What are the four elements of negligence?
What are the four elements of negligence?
What are the two primary types of damages for negligence?
What are the two primary types of damages for negligence?
According to the U.S. Constitution, all people stand equal before the law and therefore share certain rights.
According to the U.S. Constitution, all people stand equal before the law and therefore share certain rights.
Which of the following is an example of an enhanced penalty?
Which of the following is an example of an enhanced penalty?
Which of the following is NOT considered a lawful use of a firearm in Florida?
Which of the following is NOT considered a lawful use of a firearm in Florida?
What are the four types of legal justifications for a search warrant?
What are the four types of legal justifications for a search warrant?
What are the three conditions that must be met to seize contraband in plain view?
What are the three conditions that must be met to seize contraband in plain view?
Which of the following is NOT a situation where an officer can conduct a warrantless search of a vehicle?
Which of the following is NOT a situation where an officer can conduct a warrantless search of a vehicle?
According to Florida law, an officer may conduct a protective sweep upon entering a home to ensure the safety of the officer and the public, without a warrant.
According to Florida law, an officer may conduct a protective sweep upon entering a home to ensure the safety of the officer and the public, without a warrant.
What is the legal standard of proof beyond a reasonable doubt?
What is the legal standard of proof beyond a reasonable doubt?
What are the two types of arrests allowed under Florida law?
What are the two types of arrests allowed under Florida law?
What is the legal standard of justification required to make an arrest?
What is the legal standard of justification required to make an arrest?
What is the definition of deadly force?
What is the definition of deadly force?
What is the standard legal test used to determine the reasonable use of force by an officer?
What is the standard legal test used to determine the reasonable use of force by an officer?
What is the role of the probable cause affidavit?
What is the role of the probable cause affidavit?
What are the two types of liability that an officer may face?
What are the two types of liability that an officer may face?
What is a tort?
What is a tort?
What is the difference between direct liability and vicarious liability?
What is the difference between direct liability and vicarious liability?
What is sovereign immunity?
What is sovereign immunity?
An officer is protected from civil liability if they are acting in good faith and within the scope of their employment.
An officer is protected from civil liability if they are acting in good faith and within the scope of their employment.
What are the different levels of the Florida court system?
What are the different levels of the Florida court system?
What are the different levels of the federal court system?
What are the different levels of the federal court system?
What is a first appearance hearing?
What is a first appearance hearing?
What is a pretrial meeting?
What is a pretrial meeting?
What is a suppression hearing?
What is a suppression hearing?
Identify the three branches of the U.S. government and their roles within Florida law.
Identify the three branches of the U.S. government and their roles within Florida law.
What are the types of law?
What are the types of law?
An ordinance can conflict with federal law.
An ordinance can conflict with federal law.
What is the primary role of administrative law?
What is the primary role of administrative law?
What is case law?
What is case law?
What is the role of a precedent in case law?
What is the role of a precedent in case law?
Describe the importance of staying current with case law.
Describe the importance of staying current with case law.
What is an agency policy?
What is an agency policy?
Describe the main objective of law enforcement officers under the U.S. Constitution.
Describe the main objective of law enforcement officers under the U.S. Constitution.
What is the main purpose of the U.S. Constitution?
What is the main purpose of the U.S. Constitution?
What is the purpose of the first amendment?
What is the purpose of the first amendment?
What is the purpose of the second amendment?
What is the purpose of the second amendment?
What is the purpose of the fourth amendment?
What is the purpose of the fourth amendment?
What is the purpose of the fifth amendment?
What is the purpose of the fifth amendment?
What is the purpose of the sixth amendment?
What is the purpose of the sixth amendment?
What is the purpose of the eighth amendment?
What is the purpose of the eighth amendment?
What is the purpose of the fourteenth amendment?
What is the purpose of the fourteenth amendment?
Which amendment protects the right to free speech?
Which amendment protects the right to free speech?
Which amendment protects the right to bear arms?
Which amendment protects the right to bear arms?
Which amendment protects freedom from unreasonable searches and seizures?
Which amendment protects freedom from unreasonable searches and seizures?
Which amendment protects the right to remain silent during an investigation?
Which amendment protects the right to remain silent during an investigation?
Which amendment guarantees the right to a fair trial?
Which amendment guarantees the right to a fair trial?
Which amendment protects against cruel and unusual punishment?
Which amendment protects against cruel and unusual punishment?
Which amendment expands the application of the Bill of Rights to state and local governments?
Which amendment expands the application of the Bill of Rights to state and local governments?
What are the four main types of offenses outlined in this excerpt?
What are the four main types of offenses outlined in this excerpt?
What is the maximum penalty for a misdemeanor in Florida?
What is the maximum penalty for a misdemeanor in Florida?
What is the maximum penalty for a life felony in Florida?
What is the maximum penalty for a life felony in Florida?
Which of the following is NOT a recognized category of criminal intent?
Which of the following is NOT a recognized category of criminal intent?
Describe what is meant by an "Enhanced Penalty".
Describe what is meant by an "Enhanced Penalty".
What constitutes the two categories of parties to a crime?
What constitutes the two categories of parties to a crime?
What are the four elements of negligence?
What are the four elements of negligence?
Which of the following is NOT an example of an exigent circumstance to justify a warrantless search?
Which of the following is NOT an example of an exigent circumstance to justify a warrantless search?
Describe the plain view doctrine.
Describe the plain view doctrine.
What is the Carroll Doctrine?
What is the Carroll Doctrine?
What is the legal standard of proof needed to convict someone of a crime?
What is the legal standard of proof needed to convict someone of a crime?
What are the three main types of law enforcement encounters?
What are the three main types of law enforcement encounters?
What level of legal justification is needed for an officer to conduct an investigative stop?
What level of legal justification is needed for an officer to conduct an investigative stop?
What level of legal justification is needed for an officer to make an arrest?
What level of legal justification is needed for an officer to make an arrest?
Describe the legal justification for a Terry stop and frisk.
Describe the legal justification for a Terry stop and frisk.
What constitutes a pretext stop and how is it justified legally?
What constitutes a pretext stop and how is it justified legally?
What are the four additional exceptions to the search warrant requirement that do not require a showing of probable cause?
What are the four additional exceptions to the search warrant requirement that do not require a showing of probable cause?
What does the "curtilage" of a house refer to?
What does the "curtilage" of a house refer to?
Why is it important for law enforcement officers to know when they can legally seize property in Florida?
Why is it important for law enforcement officers to know when they can legally seize property in Florida?
What is "reciprocity" in relation to concealed weapons and firearms?
What is "reciprocity" in relation to concealed weapons and firearms?
What is a risk protection order (RPO)?
What is a risk protection order (RPO)?
What are the two main types of legal arrests?
What are the two main types of legal arrests?
What is the purpose of a probable cause affidavit?
What is the purpose of a probable cause affidavit?
Describe what is meant by the "objective reasonableness standard" regarding the use of force?
Describe what is meant by the "objective reasonableness standard" regarding the use of force?
What is the difference between direct and vicarious liability regarding a law enforcement agency?
What is the difference between direct and vicarious liability regarding a law enforcement agency?
What are the two main types of legal defenses for law enforcement officers in civil cases?
What are the two main types of legal defenses for law enforcement officers in civil cases?
What is the role of qualified immunity and why is is important for law enforcement officers?
What is the role of qualified immunity and why is is important for law enforcement officers?
What are the four levels of the Florida court system?
What are the four levels of the Florida court system?
What are the three levels of the federal court system?
What are the three levels of the federal court system?
What is the primary role of the judge in a court proceeding?
What is the primary role of the judge in a court proceeding?
What is the primary role of the prosecutor?
What is the primary role of the prosecutor?
What is the primary role of the defense attorney?
What is the primary role of the defense attorney?
What is the purpose of a first appearance hearing?
What is the purpose of a first appearance hearing?
What is the primary purpose of an arraignment?
What is the primary purpose of an arraignment?
What is the primary purpose of a pretrial meeting?
What is the primary purpose of a pretrial meeting?
What is the primary purpose of a suppression hearing?
What is the primary purpose of a suppression hearing?
What is the primary purpose of a sentencing hearing?
What is the primary purpose of a sentencing hearing?
What is the primary purpose of a violation of probation hearing?
What is the primary purpose of a violation of probation hearing?
What are the common court orders that a law enforcement officer is likely to encounter?
What are the common court orders that a law enforcement officer is likely to encounter?
What constitutes service of a civil process?
What constitutes service of a civil process?
What are the key elements involved in executing a search warrant?
What are the key elements involved in executing a search warrant?
Flashcards
Constitutional law
Constitutional law
Identifies the powers and limits of government branches (legislative, executive, and judicial). It enforces constitutional standards and court interpretations.
Statutory law
Statutory law
Laws created by legislative bodies (Congress, state legislatures, local governments) meant to address specific needs.
Criminal law
Criminal law
Defines unacceptable behaviors and sets punishments for those actions, as determined by society.
Ordinances
Ordinances
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Civil law
Civil law
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Administrative law
Administrative law
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Case law
Case law
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Precedent
Precedent
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Probable cause
Probable cause
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Misdemeanor
Misdemeanor
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Felony
Felony
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First Amendment
First Amendment
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Fourth Amendment
Fourth Amendment
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Fifth Amendment
Fifth Amendment
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Sixth Amendment
Sixth Amendment
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Eighth Amendment
Eighth Amendment
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Reasonable suspicion
Reasonable suspicion
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Arrest warrant
Arrest warrant
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Warrantless arrest
Warrantless arrest
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Consensual encounter
Consensual encounter
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Investigative stop
Investigative stop
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Terry stop and frisk
Terry stop and frisk
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Pretext stop
Pretext stop
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Sources of Laws
Sources of Laws
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Constitutional Law
Constitutional Law
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Statutory Law
Statutory Law
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Criminal Law
Criminal Law
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Ordinances
Ordinances
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Civil Law
Civil Law
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Administrative Law
Administrative Law
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Case Law
Case Law
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Precedent
Precedent
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Probable Cause
Probable Cause
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Misdemeanor
Misdemeanor
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Felony
Felony
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First Amendment
First Amendment
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Fourth Amendment
Fourth Amendment
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Reasonable Suspicion
Reasonable Suspicion
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Arrest Warrant
Arrest Warrant
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Warrantless Arrest
Warrantless Arrest
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Consensual Encounter
Consensual Encounter
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Investigative Stop
Investigative Stop
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Terry Stop and Frisk
Terry Stop and Frisk
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Pretext Stop
Pretext Stop
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Florida Statutes
Florida Statutes
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Enhanced Penalties
Enhanced Penalties
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Parties to a Crime
Parties to a Crime
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General Intent
General Intent
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Specific Intent
Specific Intent
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Transferred Intent
Transferred Intent
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Recklessness
Recklessness
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Negligence
Negligence
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Elements of Negligence
Elements of Negligence
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Duty to Act with Care
Duty to Act with Care
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Breach of Duty
Breach of Duty
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Causation/Proximate Cause
Causation/Proximate Cause
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Damages
Damages
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Compensatory Damages
Compensatory Damages
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Punitive Damages
Punitive Damages
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Open Fields Doctrine
Open Fields Doctrine
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Abandoned Property
Abandoned Property
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Search Warrant
Search Warrant
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Exceptions to Search Warrant
Exceptions to Search Warrant
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Plain View
Plain View
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Mobile Conveyance
Mobile Conveyance
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Exigent Circumstances
Exigent Circumstances
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Consent Search
Consent Search
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Inventory Search
Inventory Search
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Administrative Search
Administrative Search
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Search Incident to Arrest
Search Incident to Arrest
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Contraband Forfeiture
Contraband Forfeiture
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Lawful Ownership of Weapons
Lawful Ownership of Weapons
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Concealed Weapons License
Concealed Weapons License
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Risk Protection Order
Risk Protection Order
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Proof Beyond a Reasonable Doubt
Proof Beyond a Reasonable Doubt
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Study Notes
Unit 1: Introduction to Law
-
Lesson 1: Law Systems
- Law enforcement duties include responding to calls, patrolling, determining law violations, making arrests, investigating crimes, and understanding federal, state, and local laws.
- Laws protect rights, freedoms, lives, maintain order, protect property, regulate businesses, and raise government revenue.
- U.S. Constitution establishes the government and its three branches: legislative (creates laws), executive (enforces laws), and judicial (interprets laws).
- Constitutional law defines the power and limits of each branch.
- Florida has its own constitution similar to the U.S. constitution.
- Statutory law is created by legislative bodies.
- Ordinances are local laws created by municipal or county governments.
- Civil law resolves non-criminal disputes, such as child custody or property disputes.
- Administrative law governs government agencies' operations and procedures.
-
Lesson 2: Constitutional Law
- U.S. Constitution establishes the legal framework.
- Articles of the Constitution define the responsibilities of the three branches of government.
- Constitutional amendments of special note include: First (speech, press, assembly, religion), Second (bear arms), Fourth (unreasonable searches and seizures), Fifth (due process, self-incrimination), Sixth (speedy trial, counsel), Eighth (cruel and unusual punishment), and Fourteenth (due process, equal protection).
-
Lesson 3: Classification of Offenses
- Offense is a breach of law. Criminal offenses are misdemeanors or felonies.
- Misdemeanors have a maximum incarceration penalty of up to one year in county jail.
- Felonies have a maximum incarceration penalty of more than one year in state correctional facility. Felonies are ranked by severity (third-, second-, first-degree and life felony, and capital felony).
-
Lesson 4: Reading and Understanding Statutes
- Florida Statutes are organized by chapters, sections, and subsections.
- Case law is formed by court decisions and interprets statutes.
- Enhanced penalties result when a prior conviction or the serious circumstances of a case are considered.
-
Lesson 5: Laws of Arrest
- Arrest is depriving a person of their liberty by legal authority.
- Two types of arrests: with a warrant and without a warrant.
- Warrantless arrests are possible under certain circumstances (felony or misdemeanor committed in the presence of the officer, or there is probable cause).
- A notice to appear is an alternative to arrest and the accused agrees to appear in court at a later date.
- Probable cause affidavits are written statements for an arrest under legal authority.
-
Lesson 6: Use of Force
- Officers' use of force is restricted by case law, statutes, and agency policy.
- Reasonable force is necessary in any given situation.
- Graham v. Connor case established the objective reasonableness standard for use of force.
- Tennessee v. Garner case limits the use of deadly force on fleeing suspects.
- Florida Statutes define deadly force as any force reasonably likely to cause death or great bodily harm.
Unit 2: Legal Concepts
-
Lesson 1: Categories of Criminal Intent
- Criminal intent refers to the deliberate and wrongful act or omission and includes general intent, specific intent, transferred intent, and recklessness.
- Negligence is the failure to act with the level of care expected under the circumstances.
- The elements of negligence include legal duty to act, breach of duty, causation, and damages.
- Compensatory and punitive damages are different types of compensations that result from negligence.
-
Lesson 2: Standards of Legal Justification
- Three types of interactions with the public: consensual encounters, investigative stops, and arrests.
- Consensual encounters are voluntary.
- Investigative stops require reasonable suspicion.
- Arrests require probable cause.
- A Terry stop (investigative stop) allows brief detention and pat-down if there is reasonable suspicion of criminal activity.
- Probable cause is reasonable belief that a crime has occurred, is occurring, or is about to occur.
-
Lesson 3: Search and Seizure
- Fourth Amendment protects citizens from unreasonable searches and seizures.
- A valid search warrant is required to enter and search a home without exception.
- Exceptions to the warrant requirement include plain view, mobile conveyances, exigent circumstances, fresh pursuit, administrative searches, and consent.
- Exceptions to the warrant requirement vary in legal criteria, that include probable cause.
-
Lesson 4: Weapons and Firearms Possession
- Florida Statute Chapter 790 details lawful ownership and use of firearms.
- Persons under 21 can't purchase firearms from licensed dealers.
- Some locations prohibit firearms, even with a license.
-
Lesson 5: Laws of Arrest
- Procedures for arrest (warrant/warrantless).
- Authority to arrest.
- Notice to Appear, as an alternative.
-
Lesson 6: Use of Force
- Legal basis for using force.
- Reasonable force is necessary.
- Levels of force (basic physical restraint, less lethal force, deadly force).
- Considerations for use of force (severity of crime, threat to officers, resistance).
Unit 3: Liability
-
Lesson 1: Types of Liability
- Criminal liability involves breaking the law, resulting in criminal charges.
- Civil liability results from a wrongful act that harms another person or property.
- Torts are civil wrongs, including intentional (like assault or battery) or unintentional (like negligence).
-
Lesson 2: Protecting Officers Against Liability
- Sovereign immunity protects government agencies and employees from some civil lawsuits.
- Qualified immunity protects officers from liability for actions taken in good faith and within the scope of their employment
- Clear duty, when in duty and in the employee's role.
- Scope of employment limits liability.
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