Law Enforcement in Civil Disputes
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Questions and Answers

What is the primary role of law enforcement officers in non-criminal civil disputes?

  • To act as an impartial keeper of the peace (correct)
  • To take sides in the dispute
  • To restore order and make arrests
  • To issue court orders

    • What is a civil dispute, as defined in this standard operating procedure?

  • A confrontation involving a breach of the peace
  • A court order issued by a Florida court
  • A confrontation concerning a disputed matter between two or more persons (correct)
  • A criminal disturbance involving potential for violence

    • What is the primary role of law enforcement officers in criminal disturbances?

  • To act as an impartial keeper of the peace
  • To restore order and make necessary arrests for violations of the law (correct)
  • To take sides in the dispute
  • To issue court orders

    • What is a court order, as defined in this standard operating procedure?

    <p>An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County</p> Signup and view all the answers

    What should deputies do when requested to stand by to prevent an assault, battery, or breach of the peace?

    <p>Remain on public property or on public right-of-way unless admitted onto private property by all legitimate claimants</p> Signup and view all the answers

    What is a foreign court order, as defined in this standard operating procedure?

    <p>An order or judgment issued by a court outside of the State of Florida</p> Signup and view all the answers

    What does the certification by the Clerk of the Court of Hillsborough County do to a foreign court order?

    <p>Has no effect on the order's validity or enforceability</p> Signup and view all the answers

    What type of situation would require deputies to restore order and make necessary arrests?

    <p>A criminal disturbance involving potential for violence</p> Signup and view all the answers

    What should a deputy do if a claimant is denied entry onto private premises and/or the removal of property by another who is in possession?

    <p>Advise the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order</p> Signup and view all the answers

    What should a deputy do in domestic or neighborhood disputes?

    <p>Park in a manner that allows safe approach and an opportunity to evaluate the situation</p> Signup and view all the answers

    What should a deputy do when enforcing a court order?

    <p>Only enforce current court orders that specifically direct the Sheriff to execute the order or judgment</p> Signup and view all the answers

    What should a deputy do in violent or felony disturbances?

    <p>Dispatch at least two patrol units</p> Signup and view all the answers

    What should a deputy do when responding to violent or felony disturbances?

    <p>Park in a manner that allows a safe approach</p> Signup and view all the answers

    What should a deputy do when evaluating a dispute?

    <p>Evaluate the nature and extent of the dispute before making their presence known</p> Signup and view all the answers

    What should a deputy do when separating disputants?

    <p>Separate and calm disputants</p> Signup and view all the answers

    What should a deputy do when there is probable cause for an arrest?

    <p>Upon establishing probable cause, an arrest shall be affected</p> Signup and view all the answers

    What should a deputy do when disputes cannot be resolved?

    <p>Attempt to persuade one or more of the disputants to voluntarily leave the premises</p> Signup and view all the answers

    What should a deputy do when a conditional court order orders the arrest of a person?

    <p>Verify the order and its provisions before executing it</p> Signup and view all the answers

    The primary role of law enforcement officers in non-criminal civil disputes is to issue court orders.

    <p>False</p> Signup and view all the answers

    A confrontation that involves a breach of the peace is considered a civil dispute.

    <p>False</p> Signup and view all the answers

    A foreign court order is validated once certified by the Clerk of the Court of Hillsborough County.

    <p>False</p> Signup and view all the answers

    Deputies should always enter private property to prevent an assault, battery, or breach of the peace.

    <p>False</p> Signup and view all the answers

    The primary role of law enforcement officers in criminal disturbances is to issue court orders.

    <p>False</p> Signup and view all the answers

    A court order can only be issued by a court of competent jurisdiction in and for Hillsborough County.

    <p>False</p> Signup and view all the answers

    Deputies have the authority to make arrests in all civil disputes.

    <p>False</p> Signup and view all the answers

    Deputies should always take sides in civil disputes.

    <p>False</p> Signup and view all the answers

    A deputy can enforce a personal property claim without a court order.

    <p>False</p> Signup and view all the answers

    A deputy can make a warrantless arrest for a misdemeanor battery that occurred outside their presence.

    <p>True</p> Signup and view all the answers

    A claimant can trespass on another's property to remove or recover personal property without a court order.

    <p>False</p> Signup and view all the answers

    Deputies should always try to make an arrest in a domestic or neighborhood dispute.

    <p>False</p> Signup and view all the answers

    A deputy can enforce a court order from a foreign jurisdiction without a local court order.

    <p>False</p> Signup and view all the answers

    In violent or felony disturbances, a single patrol unit can respond.

    <p>False</p> Signup and view all the answers

    Deputies should always make their presence known immediately upon arrival at a disturbance.

    <p>False</p> Signup and view all the answers

    Deputies can make a warrantless arrest for a misdemeanor violation that occurred outside their presence.

    <p>False</p> Signup and view all the answers

    Deputies can only encourage disputants to develop alternatives to conflict.

    <p>False</p> Signup and view all the answers

    A conditional court order that orders the arrest of a person shall be executed without verifying the order and its provisions.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of the Adult Pre-Arrest Diversion Program?

    <p>To offer eligible adult participants an opportunity to avoid an arrest record for certain misdemeanor offenses</p> Signup and view all the answers

    Who are eligible participants in the Adult Pre-Arrest Diversion Program?

    <p>Adults who admit to the offense and meet specific eligibility criteria</p> Signup and view all the answers

    What is excluded from the Adult Pre-Arrest Diversion Program?

    <p>Battery (Domestic Violence only), Driving Under the Influence, and Exposure of Sexual Organs</p> Signup and view all the answers

    What is required for successful completion of the Adult Pre-Arrest Diversion Program?

    <p>Admitting to the offense and completing all program requirements</p> Signup and view all the answers

    How many times can an individual participate in the Adult Pre-Arrest Diversion Program?

    <p>Twice in a lifetime, with at least a two-year interval between participations</p> Signup and view all the answers

    What is not a disqualifier for the Adult Pre-Arrest Diversion Program?

    <p>Prior traffic-related convictions</p> Signup and view all the answers

    What is the purpose of determining eligibility for the Adult Pre-Arrest Diversion Program?

    <p>To determine the participant's suitability for the program</p> Signup and view all the answers

    What is the outcome for participants who successfully complete the Adult Pre-Arrest Diversion Program?

    <p>No arrest record, unlike other forms of misdemeanor diversion</p> Signup and view all the answers

    What type of misdemeanor offenses are eligible for the APAD program?

    <p>All misdemeanor offenses except those listed as exceptions</p> Signup and view all the answers

    What is required for an individual to be eligible for the APAD program?

    <p>The offense must be a violation of law in which the deputy could effect an immediate arrest</p> Signup and view all the answers

    What is the role of the desk deputy in determining an individual's eligibility for the APAD program?

    <p>To query the full criminal history of the individual</p> Signup and view all the answers

    What is required for an individual to participate in the APAD program?

    <p>The individual must agree to participate in the program</p> Signup and view all the answers

    What happens if an individual is charged with multiple offenses that took place in a single event?

    <p>They are eligible for the APAD program</p> Signup and view all the answers

    What is the role of the Records Transcription Unit in the APAD program?

    <p>To query the individual's criminal history in Odyssey</p> Signup and view all the answers

    What is the purpose of the deputy reviewing the individual's arrest history via SAO case management and arrest inquiry?

    <p>To verify the individual's eligibility for the APAD program</p> Signup and view all the answers

    What happens if an individual is being charged with more than one offense that stems from more than one isolated incident?

    <p>They are not eligible for the APAD program</p> Signup and view all the answers

    What is the purpose of the deputy completing an e-CRA and selecting the APAD designation?

    <p>To document the individual's agreement to participate in the APAD program</p> Signup and view all the answers

    What is the consequence of an individual's eligibility being determined by the desk deputy?

    <p>The originating deputy is notified of the individual's eligibility</p> Signup and view all the answers

    Where should deputies provide a copy of the e-CRA to the defendant?

    <p>Misdemeanor Probation Unit</p> Signup and view all the answers

    What should deputies use to collect a subject's fingerprints?

    <p>Notice to Appear Fingerprint Card</p> Signup and view all the answers

    What should deputies visually inspect on the fingerprint card?

    <p>Ridge detail</p> Signup and view all the answers

    Where should the fingerprint card be placed after collection?

    <p>Evidence</p> Signup and view all the answers

    What should deputies use to upload a digital photograph of the subject?

    <p>Veripic</p> Signup and view all the answers

    How should the CAD call be cleared?

    <p>Using the study code 'Adult Diversion (Not Eligible)'</p> Signup and view all the answers

    What type of report should the deputy originate?

    <p>General Offense Report</p> Signup and view all the answers

    How should the General Offense Report be cleared?

    <p>Cleared as 'Exceptionally Cleared'</p> Signup and view all the answers

    Deputies are required to email a copy of the e-CRA and the APAD Acknowledgment form to the supervisor.

    <p>False</p> Signup and view all the answers

    The defendant's e-CRA copy will have the address of the Misdemeanor Probation Unit and instructions on the APAD program.

    <p>True</p> Signup and view all the answers

    Deputies shall utilize the reverse side of the Notice to Appear Fingerprint Card to print the four fingers on the subject's left hand.

    <p>False</p> Signup and view all the answers

    The General Offense Report shall be cleared in accordance with UCR guidelines as 'Cleared by Arrest'.

    <p>False</p> Signup and view all the answers

    The CAD call shall be cleared using the appropriate study code to indicate 'Adult Diversion (Not Eligible)' only.

    <p>False</p> Signup and view all the answers

    The deputy shall originate a General Offense Report titled with the appropriate charge and list the individual as a defendant.

    <p>False</p> Signup and view all the answers

    Deputies shall visually inspect the fingerprints to ensure there is no ridge detail.

    <p>False</p> Signup and view all the answers

    The fingerprint card shall then be placed into evidence until the disposition of the criminal case only.

    <p>False</p> Signup and view all the answers

    The Adult Pre-Arrest Diversion Program is only available for felony offenses.

    <p>False</p> Signup and view all the answers

    A prior DUI conviction is a disqualifier for the APAD program.

    <p>True</p> Signup and view all the answers

    An individual can participate in the APAD program more than twice in their lifetime.

    <p>False</p> Signup and view all the answers

    The APAD program is available for all misdemeanor offenses in Florida Statutes and Hillsborough County Ordinances.

    <p>True</p> Signup and view all the answers

    Prior traffic-related convictions are a disqualifier for the APAD program.

    <p>False</p> Signup and view all the answers

    An individual must have no prior misdemeanor convictions to be eligible for the APAD program.

    <p>False</p> Signup and view all the answers

    The APAD program is only available for eligible adult participants who admit to the offense.

    <p>True</p> Signup and view all the answers

    Upon successful completion of the APAD program, the participant will have an arrest record.

    <p>False</p> Signup and view all the answers

    Assault on a Specified Official is eligible for the Adult Pre-Arrest Diversion Program.

    <p>False</p> Signup and view all the answers

    An individual living outside Hillsborough County is not eligible for the APAD program.

    <p>False</p> Signup and view all the answers

    If an individual is charged with multiple offenses stemming from more than one isolated incident, they are eligible for the APAD program.

    <p>False</p> Signup and view all the answers

    A deputy must discuss the specifics of an individual's criminal history with the desk deputy over the phone.

    <p>False</p> Signup and view all the answers

    An individual who has previously participated in the APAD program can participate again.

    <p>False</p> Signup and view all the answers

    If an individual is being charged with multiple offenses that took place in a single event, they are eligible for the APAD program.

    <p>True</p> Signup and view all the answers

    The desk deputy determines an individual's eligibility for the APAD program.

    <p>True</p> Signup and view all the answers

    A deputy can refer an individual to the APAD program for any misdemeanor offense.

    <p>False</p> Signup and view all the answers

    The originating deputy is responsible for contacting the Records Transcription Unit.

    <p>True</p> Signup and view all the answers

    If an individual meets all eligibility requirements, the originating deputy must complete an e-CRA with the APAD designation.

    <p>True</p> Signup and view all the answers

    Study Notes

    Purpose and Scope

    • The purpose of this standard operating procedure is to define guidelines for governing official actions of deputies serving non-criminal court orders and investigating civil disputes and criminal disturbances.
    • This procedure applies to Sheriff's Office deputies who process non-criminal court orders and answer civil disputes.

    Roles and Definitions

    • The role of law enforcement officers in non-criminal civil disputes is to maintain neutrality and act as an impartial keeper of the peace.
    • The role of law enforcement officers in criminal disturbances is to restore order and make necessary arrests for violations of the law.
    • Definitions:
      • Civil Dispute: A confrontation concerning a disputed matter between two or more persons that does not involve a breach of the peace or the commission of a criminal act.
      • Criminal Disturbance: A confrontation between two or more persons that involves a breach of the peace, potential for violence, misdemeanor assault, battery, and/or related felony.
      • Court Order: An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County, or any other Florida court.
      • Foreign Court Order: An order or judgment issued by a court outside of the State of Florida.

    Procedures - Civil Disputes

    • When deputies are requested to stand by to prevent an assault, battery, or breach of the peace while personal articles are removed from premises:
      • Deputies shall remain on public property or on public right-of-way unless admitted onto private property by all legitimate claimants of such premises.
      • If entry onto private premises and/or the removal of property is denied to a claimant by another who is in possession:
        • The deputy shall advise the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order.
        • If attempts are made to recover personal property over the objection of another and misdemeanor batteries occur outside the deputy's presence, it may be cause for a warrantless criminal arrest.
        • If a confrontation between two or more persons develops into an affray or a breach of the peace, all disputants committing criminal violations shall be subject to arrest.
    • In domestic or neighborhood disputes:
      • Deputies shall park in a manner that allows safe approach and an opportunity to evaluate the situation.
      • Deputies shall separate and interview disputants in a calm and unbiased manner.
      • Deputies shall encourage disputants to offer or suggest alternatives for resolving the dispute.
      • Deputies shall maintain third-party neutrality while attempting to restore communication between disputants.

    Procedures - Court Orders

    • Deputies shall enforce only current court orders that specifically direct the Sheriff, or his duly constituted deputy, to execute the order or judgment.
    • After a court order has been served, violations of the order that occur after service must be reported by the complainant to the court that issued the order.
    • Enforcement of violations of a court order, with the exception of Domestic Violence Injunctions, must originate from the court with appropriate jurisdiction.
    • Other than situations involving Domestic Violence Injunctions, deputies shall not make warrantless arrests for violations of civil court orders, unless the order has specific language to produce the violator "instanter" to the court.

    Procedures - Criminal Disturbances

    • In violent or felony disturbances, or when weapons are involved, at least two (2) patrol units shall be dispatched.
    • Responding units shall park in a manner that allows a safe approach.
    • Responding units shall attempt to evaluate the nature and extent of the dispute before making their presence known.
    • Deputies shall separate and calm disputants.
    • Deputies shall determine if there is probable cause for an arrest.
    • Upon establishing probable cause for a felony violation, battery/assault (domestic violence), violation of a Domestic Violence Injunction, or a serious misdemeanor committed in a deputy's presence, an arrest shall be affected.
    • Deputies shall inform disputants of procedures for initiating criminal prosecution when there is insufficient cause (or need) for arrest without a warrant.

    Purpose and Scope

    • The purpose of this standard operating procedure is to define guidelines for governing official actions of deputies serving non-criminal court orders and investigating civil disputes and criminal disturbances.
    • This procedure applies to Sheriff's Office deputies who process non-criminal court orders and answer civil disputes.

    Roles and Definitions

    • The role of law enforcement officers in non-criminal civil disputes is to maintain neutrality and act as an impartial keeper of the peace.
    • The role of law enforcement officers in criminal disturbances is to restore order and make necessary arrests for violations of the law.
    • Definitions:
      • Civil Dispute: A confrontation concerning a disputed matter between two or more persons that does not involve a breach of the peace or the commission of a criminal act.
      • Criminal Disturbance: A confrontation between two or more persons that involves a breach of the peace, potential for violence, misdemeanor assault, battery, and/or related felony.
      • Court Order: An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County, or any other Florida court.
      • Foreign Court Order: An order or judgment issued by a court outside of the State of Florida.

    Procedures - Civil Disputes

    • When deputies are requested to stand by to prevent an assault, battery, or breach of the peace while personal articles are removed from premises:
      • Deputies shall remain on public property or on public right-of-way unless admitted onto private property by all legitimate claimants of such premises.
      • If entry onto private premises and/or the removal of property is denied to a claimant by another who is in possession:
        • The deputy shall advise the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order.
        • If attempts are made to recover personal property over the objection of another and misdemeanor batteries occur outside the deputy's presence, it may be cause for a warrantless criminal arrest.
        • If a confrontation between two or more persons develops into an affray or a breach of the peace, all disputants committing criminal violations shall be subject to arrest.
    • In domestic or neighborhood disputes:
      • Deputies shall park in a manner that allows safe approach and an opportunity to evaluate the situation.
      • Deputies shall separate and interview disputants in a calm and unbiased manner.
      • Deputies shall encourage disputants to offer or suggest alternatives for resolving the dispute.
      • Deputies shall maintain third-party neutrality while attempting to restore communication between disputants.

    Procedures - Court Orders

    • Deputies shall enforce only current court orders that specifically direct the Sheriff, or his duly constituted deputy, to execute the order or judgment.
    • After a court order has been served, violations of the order that occur after service must be reported by the complainant to the court that issued the order.
    • Enforcement of violations of a court order, with the exception of Domestic Violence Injunctions, must originate from the court with appropriate jurisdiction.
    • Other than situations involving Domestic Violence Injunctions, deputies shall not make warrantless arrests for violations of civil court orders, unless the order has specific language to produce the violator "instanter" to the court.

    Procedures - Criminal Disturbances

    • In violent or felony disturbances, or when weapons are involved, at least two (2) patrol units shall be dispatched.
    • Responding units shall park in a manner that allows a safe approach.
    • Responding units shall attempt to evaluate the nature and extent of the dispute before making their presence known.
    • Deputies shall separate and calm disputants.
    • Deputies shall determine if there is probable cause for an arrest.
    • Upon establishing probable cause for a felony violation, battery/assault (domestic violence), violation of a Domestic Violence Injunction, or a serious misdemeanor committed in a deputy's presence, an arrest shall be affected.
    • Deputies shall inform disputants of procedures for initiating criminal prosecution when there is insufficient cause (or need) for arrest without a warrant.

    Adult Pre-Arrest Diversion Program

    • The program is a collaboration between the Sheriff's Office, State Attorney's Office, Clerk of the Circuit Court, and Public Defender's Office to provide an alternative to arrest for eligible adult offenders.

    Eligibility Criteria

    • The participant must be an adult arrestee who agrees to participate in the program and admits to the offense.
    • The participant must have no prior DUI, misdemeanor, or felony convictions, and no prior felony arrests.
    • The participant must not have been arrested for any misdemeanor offense in the past two years.
    • The participant must not have participated in the APAD program within the past two years or more than twice in their lifetime.

    Eligible Offenses

    • The APAD program is available for all misdemeanor offenses in Florida Statutes and Hillsborough County Ordinances, except for certain listed exceptions.
    • Exceptions include battery (domestic violence), driving under the influence, exposure of sexual organs, and others.

    Multiple Charges

    • If the individual is charged with multiple offenses stemming from a single event, they may still be eligible for the program.
    • If the individual is charged with multiple offenses from separate incidents, they are not eligible for the program.

    Procedure

    • A deputy evaluating a misdemeanor offense shall evaluate the circumstances and release the subject without filing criminal charges if they qualify for the APAD program.
    • The deputy shall verify eligibility by reviewing the individual's arrest history and contacting the district desk deputy to determine if the individual qualifies.
    • If the individual qualifies, the deputy shall complete an e-CRA and select the APAD designation, and the individual shall report to the Misdemeanor Probation Unit within three business days.

    Evidence Collection

    • Deputies shall utilize the Notice to Appear Fingerprint Card to collect the subject's fingerprints.
    • Deputies shall complete the front portion of the card and utilize the reverse side to print the four fingers on the subject's right hand.
    • Deputies shall visually inspect the fingerprints to ensure there is ridge detail and they are not smeared.

    Adult Pre-Arrest Diversion Program

    • The program is a collaboration between the Sheriff's Office, State Attorney's Office, Clerk of the Circuit Court, and Public Defender's Office to provide an alternative to arrest for eligible adult offenders.

    Eligibility Criteria

    • The participant must be an adult arrestee who agrees to participate in the program and admits to the offense.
    • The participant must have no prior DUI, misdemeanor, or felony convictions, and no prior felony arrests.
    • The participant must not have been arrested for any misdemeanor offense in the past two years.
    • The participant must not have participated in the APAD program within the past two years or more than twice in their lifetime.

    Eligible Offenses

    • The APAD program is available for all misdemeanor offenses in Florida Statutes and Hillsborough County Ordinances, except for certain listed exceptions.
    • Exceptions include battery (domestic violence), driving under the influence, exposure of sexual organs, and others.

    Multiple Charges

    • If the individual is charged with multiple offenses stemming from a single event, they may still be eligible for the program.
    • If the individual is charged with multiple offenses from separate incidents, they are not eligible for the program.

    Procedure

    • A deputy evaluating a misdemeanor offense shall evaluate the circumstances and release the subject without filing criminal charges if they qualify for the APAD program.
    • The deputy shall verify eligibility by reviewing the individual's arrest history and contacting the district desk deputy to determine if the individual qualifies.
    • If the individual qualifies, the deputy shall complete an e-CRA and select the APAD designation, and the individual shall report to the Misdemeanor Probation Unit within three business days.

    Evidence Collection

    • Deputies shall utilize the Notice to Appear Fingerprint Card to collect the subject's fingerprints.
    • Deputies shall complete the front portion of the card and utilize the reverse side to print the four fingers on the subject's right hand.
    • Deputies shall visually inspect the fingerprints to ensure there is ridge detail and they are not smeared.

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    Guidelines for deputies serving non-criminal court orders and investigating civil disputes and criminal disturbances. The role of law enforcement officers is to maintain peace and remain impartial.

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