Podcast
Questions and Answers
What is the primary consideration in determining whether to arrest someone in a domestic violence case?
What is the primary consideration in determining whether to arrest someone in a domestic violence case?
- Whether the actions are legally defensible (correct)
- The wishes of the victim
- The severity of the alleged crime
- The relationship between the parties involved
When multiple complaints are received from different parties, how should the deputy handle each complaint?
When multiple complaints are received from different parties, how should the deputy handle each complaint?
- Evaluate each complaint separately to determine probable cause for arrest (correct)
- Combine the complaints and arrest the person with the most severe allegations
- Arrest all parties involved
- Dismiss the complaints and try to mediate the situation
What is the preferred response when a deputy has probable cause to believe that two or more persons have committed a misdemeanor or felony?
What is the preferred response when a deputy has probable cause to believe that two or more persons have committed a misdemeanor or felony?
- Arrest only the primary aggressor (correct)
- Do not make an arrest and try to mediate the situation
- Arrest only the person who initiated the violence
- Arrest both parties
What is the primary goal of the deputy when responding to a domestic violence call?
What is the primary goal of the deputy when responding to a domestic violence call?
What should not influence the deputy's decision to arrest or not to arrest?
What should not influence the deputy's decision to arrest or not to arrest?
What is the consequence of violating a restraining order in the presence of a law enforcement deputy?
What is the consequence of violating a restraining order in the presence of a law enforcement deputy?
What is the deputy's role in determining the primary aggressor in a domestic violence case?
What is the deputy's role in determining the primary aggressor in a domestic violence case?
When should an arrest not be the preferred response?
When should an arrest not be the preferred response?
Under what condition can a law enforcement deputy make an arrest without a warrant?
Under what condition can a law enforcement deputy make an arrest without a warrant?
What should the deputy consider when evaluating a complaint in a domestic violence case?
What should the deputy consider when evaluating a complaint in a domestic violence case?
What is the protection afforded to law enforcement deputies acting in good faith under this section?
What is the protection afforded to law enforcement deputies acting in good faith under this section?
What is the primary reason for arresting a person who has committed an act of domestic violence or child abuse?
What is the primary reason for arresting a person who has committed an act of domestic violence or child abuse?
What is a requirement for making an arrest without a warrant under FS 901.15?
What is a requirement for making an arrest without a warrant under FS 901.15?
What is an additional consequence of violating a restraining order, in addition to physical arrest?
What is an additional consequence of violating a restraining order, in addition to physical arrest?
What is a circumstance under which a law enforcement deputy may make an arrest without a warrant?
What is a circumstance under which a law enforcement deputy may make an arrest without a warrant?
What is true about some restraining orders?
What is true about some restraining orders?
What is the primary purpose of filing a petition for an injunction for protection from domestic violence?
What is the primary purpose of filing a petition for an injunction for protection from domestic violence?
What is the role of the state attorney in cases of dating violence?
What is the role of the state attorney in cases of dating violence?
What is included in the Legal Rights and Remedies Notice provided by the Florida Department of Law Enforcement?
What is included in the Legal Rights and Remedies Notice provided by the Florida Department of Law Enforcement?
Which of the following is a provision that may be included in an injunction for protection from domestic violence?
Which of the following is a provision that may be included in an injunction for protection from domestic violence?
Who can assist the victim in contacting Women In Distress (WID) for immediate services?
Who can assist the victim in contacting Women In Distress (WID) for immediate services?
What is the purpose of the resource list provided by the Florida Department of Children and Family Services?
What is the purpose of the resource list provided by the Florida Department of Children and Family Services?
What is the primary difference between an injunction for protection from domestic violence and an injunction for protection from dating violence?
What is the primary difference between an injunction for protection from domestic violence and an injunction for protection from dating violence?
What is the purpose of filing a petition for an injunction for protection from dating violence?
What is the purpose of filing a petition for an injunction for protection from dating violence?
What is the primary purpose of ensuring proper electronic transmittal of digitally-recorded statements?
What is the primary purpose of ensuring proper electronic transmittal of digitally-recorded statements?
How many copies of DVD-recorded suspect interviews should be sent to the state attorney's office in misdemeanor cases?
How many copies of DVD-recorded suspect interviews should be sent to the state attorney's office in misdemeanor cases?
What is the purpose of the Domestic Violence Reference Card (BSO RP#154B)?
What is the purpose of the Domestic Violence Reference Card (BSO RP#154B)?
What should be included in the Event Report narrative regarding the victim?
What should be included in the Event Report narrative regarding the victim?
What is the deadline for sending in-custody misdemeanor case reports to the state attorney?
What is the deadline for sending in-custody misdemeanor case reports to the state attorney?
What should responding deputies do in cases of domestic/dating violence?
What should responding deputies do in cases of domestic/dating violence?
Where should in-custody felony case reports be sent to?
Where should in-custody felony case reports be sent to?
What is the purpose of sending a set of photographs in misdemeanor cases?
What is the purpose of sending a set of photographs in misdemeanor cases?
What should be stamped in red on the Event Report?
What should be stamped in red on the Event Report?
What is the primary reason for uploading listed items to Evidence.com?
What is the primary reason for uploading listed items to Evidence.com?
What should be submitted to the supervisor after completing the Event Report?
What should be submitted to the supervisor after completing the Event Report?
Why should responding deputies indicate if the victim was given the Victims and Witnesses Handbook (BSO RP#25)?
Why should responding deputies indicate if the victim was given the Victims and Witnesses Handbook (BSO RP#25)?
What is the deadline for sending in-custody felony case reports to the Special Victims Unit (SVU)?
What is the deadline for sending in-custody felony case reports to the Special Victims Unit (SVU)?
What should be excluded from the Event Report copy sent to Women in Distress?
What should be excluded from the Event Report copy sent to Women in Distress?
What should be done with outside or public requests for information from this Standard Operating Procedures Manual?
What should be done with outside or public requests for information from this Standard Operating Procedures Manual?
Within how many hours of receiving the report should a copy of the Event Report be sent to Women in Distress?
Within how many hours of receiving the report should a copy of the Event Report be sent to Women in Distress?
Study Notes
Arrest and Charging Decision
- The decision to arrest and charge does not require the victim's consent or consideration of the relationship between the parties.
- The deputy should base the decision on legally defensible grounds, not influenced by the victim's wishes or preferences.
Evaluating Complaints
- When complaints are received from two or more parties, each complaint should be evaluated separately to determine probable cause for arrest.
Determining Primary Aggressor
- If probable cause exists to believe two or more persons have committed a misdemeanor or felony, the deputy should try to determine who was the primary aggressor.
- Arrest is the preferred response only for the primary aggressor, not for a person who acts in a reasonable manner to protect themselves or others from domestic/dating violence.
Immunity from Liability
- Law enforcement deputies acting in good faith under this section are immune from all liability, civil or criminal.
Arrest Without Warrant
- FS 901.15 allows law enforcement deputies to make an arrest without a warrant if:
- There is probable cause to believe a person has committed a criminal act in violation of an injunction for protection or an act that violates a condition of pre-trial release.
- There is probable cause to believe a person has committed an act of domestic violence or child abuse, and the deputy reasonably believes there is danger of violence unless the person is arrested without delay.
Violation of Injunction
- If a person violates a restraining order by refusing to vacate the dwelling or violating the injunction by returning to the property, the violator will be physically arrested and taken to a BSO jail facility if the violation was committed in the deputy's presence.
Filing a Petition
- Victims of domestic violence can file a petition requesting an injunction for protection, which may include provisions that restrain the abuser, direct the abuser to leave the household, and prevent the abuser from entering the residence, school, business, or place of employment.
- Victims of dating violence can also file a petition requesting an injunction for protection from dating violence.
Victims' Legal Rights
- The victims and witnesses' legal rights include the Legal Rights and Remedies Notice provided by the Florida Department of Law Enforcement.
- The notice includes a resource list with telephone numbers for area domestic violence centers designated by the Florida Department of Children and Family Services.
Report Preparation
- Responding deputies will complete an Event Report (BSO RP#1) and all backup deputies will complete a Supplement Event Report (BSO RP#2).
- When completing Event Reports, deputies will:
- Indicate if the investigation or arrest was a domestic violence or dating violence incident.
- Include a description of physical injuries observed.
- Utilize the Domestic Violence Reference Card (BSO RP#154B) to indicate lethality/risk assessment indicators in the report narrative.
- State the reasons if no arrest was made.
- Indicate if the Victims and Witnesses Handbook (BSO RP#25) was given to the victim.
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Description
This quiz assesses the decision-making process of law enforcement officers in relation to arrest and charging. It covers the considerations and criteria for making an arrest, including the role of victim consent and relationship dynamics.
