Law Enforcement Decision Making

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Questions and Answers

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?

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?

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?

To protect the victim from further harm Signup and view all the answers

What should not influence the deputy's decision to arrest or not to arrest?

The wishes of the victim Signup and view all the answers

What is the consequence of violating a restraining order in the presence of a law enforcement deputy?

The violator will be physically arrested and taken to a BSO jail facility. Signup and view all the answers

What is the deputy's role in determining the primary aggressor in a domestic violence case?

To try to determine who was the primary aggressor Signup and view all the answers

When should an arrest not be the preferred response?

When the person acts in a reasonable manner to protect themselves Signup and view all the answers

Under what condition can a law enforcement deputy make an arrest without a warrant?

If there is probable cause to believe the person has committed a criminal act in violation of an injunction for protection. Signup and view all the answers

What should the deputy consider when evaluating a complaint in a domestic violence case?

Whether the actions are legally defensible Signup and view all the answers

What is the protection afforded to law enforcement deputies acting in good faith under this section?

They are immune from all liability, civil or criminal. Signup and view all the answers

What is the primary reason for arresting a person who has committed an act of domestic violence or child abuse?

To protect the victim from further harm. Signup and view all the answers

What is a requirement for making an arrest without a warrant under FS 901.15?

There must be probable cause to believe the person has committed a criminal act. Signup and view all the answers

What is an additional consequence of violating a restraining order, in addition to physical arrest?

A penalty may be imposed via contempt of court proceedings. Signup and view all the answers

What is a circumstance under which a law enforcement deputy may make an arrest without a warrant?

If there is probable cause to believe the person has committed an act of domestic violence. Signup and view all the answers

What is true about some restraining orders?

Some restraining orders do not authorize an arrest. Signup and view all the answers

What is the primary purpose of filing a petition for an injunction for protection from domestic violence?

To restrain the abuser from further acts of abuse and protect the victim Signup and view all the answers

What is the role of the state attorney in cases of dating violence?

To file a criminal complaint against the abuser Signup and view all the answers

What is included in the Legal Rights and Remedies Notice provided by the Florida Department of Law Enforcement?

A resource list with telephone numbers for area domestic violence centers Signup and view all the answers

Which of the following is a provision that may be included in an injunction for protection from domestic violence?

Directing the abuser to leave the victim's household Signup and view all the answers

Who can assist the victim in contacting Women In Distress (WID) for immediate services?

E.W. Signup and view all the answers

What is the purpose of the resource list provided by the Florida Department of Children and Family Services?

To provide a list of area domestic violence centers with telephone numbers Signup and view all the answers

What is the primary difference between an injunction for protection from domestic violence and an injunction for protection from dating violence?

The relationship between the victim and the abuser Signup and view all the answers

What is the purpose of filing a petition for an injunction for protection from dating violence?

To restrain the abuser from further acts of abuse and protect the victim Signup and view all the answers

What is the primary purpose of ensuring proper electronic transmittal of digitally-recorded statements?

To ensure the timely and secure transmission of critical evidence Signup and view all the answers

How many copies of DVD-recorded suspect interviews should be sent to the state attorney's office in misdemeanor cases?

2 copies Signup and view all the answers

What is the purpose of the Domestic Violence Reference Card (BSO RP#154B)?

To indicate lethality/risk assessment indicators Signup and view all the answers

What should be included in the Event Report narrative regarding the victim?

A description of physical injuries observed Signup and view all the answers

What is the deadline for sending in-custody misdemeanor case reports to the state attorney?

10 days from the date of arrest Signup and view all the answers

What should responding deputies do in cases of domestic/dating violence?

Complete an Event Report and a Supplement Event Report Signup and view all the answers

Where should in-custody felony case reports be sent to?

Special Victims Unit (SVU) Signup and view all the answers

What is the purpose of sending a set of photographs in misdemeanor cases?

To provide visual evidence to the state attorney Signup and view all the answers

What should be stamped in red on the Event Report?

The appropriate (Domestic Violence/Dating Violence) stamp Signup and view all the answers

What is the primary reason for uploading listed items to Evidence.com?

To provide immediate access to investigators and the State Attorney's Office Signup and view all the answers

What should be submitted to the supervisor after completing the Event Report?

The completed Event Report Signup and view all the answers

Why should responding deputies indicate if the victim was given the Victims and Witnesses Handbook (BSO RP#25)?

To ensure the victim understands their rights Signup and view all the answers

What is the deadline for sending in-custody felony case reports to the Special Victims Unit (SVU)?

5 days from the date of arrest Signup and view all the answers

What should be excluded from the Event Report copy sent to Women in Distress?

The victim/witness statements or other materials deemed part of the active criminal investigation Signup and view all the answers

What should be done with outside or public requests for information from this Standard Operating Procedures Manual?

Direct them to the Office of the General Counsel for review and redaction Signup and view all the answers

Within how many hours of receiving the report should a copy of the Event Report be sent to Women in Distress?

24 hours Signup and view all the answers

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.