Legal 2023
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Questions and Answers

Which case involved the question of whether an individual's presence in an area of expected criminal activity is enough to support a reasonable suspicion of crime?

  • Illinois v. Wardlow (correct)
  • Miranda v. Arizona
  • Katz v. United States
  • Terry v. Ohio
  • Which branch is law enforcement apart of ?

  • Legislative
  • Judicial
  • Executive (correct)
  • This branch is responsible for interpreting the laws

  • Judicial (correct)
  • executive
  • legislative
  • Which branch is responsible for creating the laws ?

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

    Which principle is provided by the constitution?

    <p>Separation of powers</p> Signup and view all the answers

    According to the supremacy clause, which level of government generally takes precedence in cases of conflicting laws?

    <p>Federal government</p> Signup and view all the answers

    Local government creates ordinances

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

    What is the primary purpose of civil law?

    <p>To settle disputes between private individuals</p> Signup and view all the answers

    What is administrative law?

    <p>The body of law that establishes the operation and procedures of governmental agencies</p> Signup and view all the answers

    What does Chapter 11b of the Florida administrative code govern?

    <p>The training and certification of law enforcement officers</p> Signup and view all the answers

    Which branch of the government is responsible for forming case law?

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

    What is case law?

    <p>Laws formed by court decisions</p> Signup and view all the answers

    Which of the following is the main objective of a law enforcement officer?

    <p>Protecting constitutional rights</p> Signup and view all the answers

    Which document sets the parameters for the U.S. government?

    <p>U.S. constitution</p> Signup and view all the answers

    What is the purpose of the article of the constitution mentioned in the context?

    <p>To create a social contract between the people</p> Signup and view all the answers

    What is another name for the first 10 amendments to the United States Constitution?

    <p>Bill of Rights</p> Signup and view all the answers

    Which amendment protects the freedom of speech?

    <p>First amendment</p> Signup and view all the answers

    According to the Fifth Amendment, which of the following is required for capital crimes?

    <p>Grand jury indictment</p> Signup and view all the answers

    Who does due process apply to?

    <p>People accused of crimes</p> Signup and view all the answers

    Which of the following best defines substantive due process?

    <p>The fair and consistent enforcement of the law</p> Signup and view all the answers

    What does Procedural Due process refer to?

    <p>The rights of a person during the criminal justice process</p> Signup and view all the answers

    Which amendment prohibits double jeopardy?

    <p>5th</p> Signup and view all the answers

    Which amendment in the US Constitution includes protection against excessive bails and fines?

    <p>8th</p> Signup and view all the answers

    Which amendment establishes due process and equal protection of the law?

    <p>14th</p> Signup and view all the answers

    What are the two main categories in which criminal offenses can be classified?

    <p>Misdemeanors and felonies</p> Signup and view all the answers

    Which of the following penalties can a local criminal ordinance violation carry?

    <p>Up to 60 days in county jail and $500 fine</p> Signup and view all the answers

    Which term describes a criminal offense that carries a maximum imprisonment of up to one year?

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

    What is the maximum sentence for a 1st degree misdemeanor?

    <p>1 year and 1000</p> Signup and view all the answers

    How long can someone be sentenced for a 2nd degree misdemeanor?

    <p>60 days And 500 dollars</p> Signup and view all the answers

    What is another term for a non-criminal violation?

    <p>Civil infraction</p> Signup and view all the answers

    Which level of government governs enhanced penalties?

    <p>State and federal law</p> Signup and view all the answers

    What is another term for a criminal act?

    <p>Criminal intent</p> Signup and view all the answers

    Why is it important to determine criminal intent?

    <p>To establish whether a crime was actually committed</p> Signup and view all the answers

    What do you need to establish a crime

    <p>Probable cause</p> Signup and view all the answers

    This is when someone intentionally commits a crime such as Battery, Rape, Kidnapping, Manslaughter False Imprisonment

    <p>General intent</p> Signup and view all the answers

    This Is when the intent to commit a crime to deprive an owner of something permanently such as burglary, embezzlement, forgery, murder, robbery, and theft

    <p>Specific intent</p> Signup and view all the answers

    This is when a harm in meant for one person but it ands up hitting another person

    <p>Transferred intent</p> Signup and view all the answers

    Someone on the phone causes in accident this is considered as

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

    This is when they intend for their behavior to cause the damages that they did. Such as vehicular homicide (Aka They actually know its going to cause damage)

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

    What is the 2nd element of negligence

    <p>Breach of duty</p> Signup and view all the answers

    What is the 4th element of negligence

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

    What is the 1st element of negligence

    <p>A Duty to act</p> Signup and view all the answers

    What is the 3rd element of negligence

    <p>Proximate cause</p> Signup and view all the answers

    These are designed to compensate for the actual property damages, harm, or jury.

    <p>Compensatory damages</p> Signup and view all the answers

    These are presumed to result from the DEFENDENTS ACTIONS awards for pain and suffering,Discomfort humiliation and emotional distress

    <p>General damages</p> Signup and view all the answers

    These are to award those actually caused by the injury lost earnings, personal property, attorney fees

    <p>Special damages</p> Signup and view all the answers

    This is to punish the defendants because of there acts and to warn others of there actions

    <p>Punitive damages</p> Signup and view all the answers

    What standard of proof is required for an investigative stop?

    <p>Reasonable suspicion</p> Signup and view all the answers

    Under what statue , allows the officer to seize the contraband even if it does not feel like a weapon

    <p>The plain touch feel doctrine</p> Signup and view all the answers

    In the United States, the Fourth Amendment protects individuals from unreasonable searches and seizures. What standard must be met in order for law enforcement to perform a pat-down on someone?

    <p>Probable cause</p> Signup and view all the answers

    Which of the following factors is considered when determining probable cause? WHAT IS IT BASED OFF OF

    <p>The totality of circumstances</p> Signup and view all the answers

    This is when someone intrudes into someone’s privacy to look for something

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

    This when an officer affects a person to have control over that property (aka confiscated)

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

    Who is the search warrant issued by ?

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

    In the legal system, what standard of proof is required for a conviction? (Key word conviction)

    <p>Proof beyond a reasonable doubt</p> Signup and view all the answers

    A mobile conveyance search may be conducted Without a warrant even if there may be time to Obtain a warrant

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

    Under what conditions can you enter a place when there is a destruction of evidence

    <p>Existent circumstances</p> Signup and view all the answers

    This is the immediate and continuous pursuit by officers of a suspect who is fleeing to avoid arrest and is entering another jurisdiction.

    <p>Fresh pursuit</p> Signup and view all the answers

    This is when is officer may enter a place to ensure the (safety) of the person, or the public to ensure everyone is safe -BUT THE OFFICER MUST HAVE OBJECTIVELY REASONABLENESS-

    <p>EMERGENCY SCENE</p> Signup and view all the answers

    What condition must be met for an inventory to be permitted?

    <p>The vehicle must be impounded</p> Signup and view all the answers

    Under the 4th amendment, when a person -(is arrested)-they may be searched without a warrant. This type of search is called:

    <p>Search incident to arrest</p> Signup and view all the answers

    A search incident may be conducted only when they are under custodial arrest, or ?

    <p>substantially contemporaneous</p> Signup and view all the answers

    What is the main difference between Open Fields and private areas?

    <p>Open Fields are visible to people outside of the property</p> Signup and view all the answers

    The scope of Constitutional searches is limited to the items being searched Basically if your looKing For a Dryer You Cant look inside Drawers or Under beds.

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

    How does the Florida statutes empower law enforcement agencies regarding contraband articles?

    <p>It grants them the power to seize and forfeit the contraband articles</p> Signup and view all the answers

    What is the term used in the Florida statutes to describe the property that can be seized and forfeited?

    <p>Contraband articles</p> Signup and view all the answers

    This is a civil Proceeding in which law enforcement ask the court to transfer evertthing From the defendant to the law enforcement agency which they can (sell or keep for the agency). —Key word sell or keep for the agency—

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

    394.463 F.S authorities a law enforcement officer take someone into custody for involuntary examination under the baker act to seize and hold any firearms or ammunition

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

    How many categories does the state of Florida recognize to own a firearm? LOOK AT PG,92

    <p>17</p> Signup and view all the answers

    The florida statues defines" readily accessible for immediate Use as carried on the Person or within such close Proximate AKA Can be quicKly accessible

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

    securely encased means in a glove compartment, in a gun Case, a zipper gun case, An a box with the lid closed

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

    You can verify someone’s license through FCIC or from dispatch

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

    For an officer to comply with the officers safety act they must carry how many forms

    <p>2</p> Signup and view all the answers

    This is a federal law that allows qualified and retired law enforcement officers to carry a concealed firearm in any jurisdiction in the United States this is called what?

    <p>Officers safety act</p> Signup and view all the answers

    Which is one of the forms an officer must carry on him or her to comply with the officers safety act? (SELF ELIMINATE) the answer READ

    <p>Officers must carry photo identification by the agency</p> Signup and view all the answers

    How long ago should an officer have met the qualifications with the same firearm in order to comply with the Officer Safety Act?

    <p>12 months</p> Signup and view all the answers

    Which of the following best defines reciprocity in the context of concealed carry?

    <p>When a state recognizes another state's concealed carry permits</p> Signup and view all the answers

    This is a court order that temporarily restricts a person access to firearms, ammunition for up to one year

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

    This is a court order that authorizes and requires law enforcement to take the individual into custody this is called what

    <p>Arrest warrant</p> Signup and view all the answers

    What do you need to obtain an arrest warrant ?

    Aka what do you need to arrest someone ?

    <p>Probable cause</p> Signup and view all the answers

    The Florida statue authorize law enforcement officers to enter the residence of a wanted person to make an arrest

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

    To enter a third party residence to arrest a subject, the officer must obtain a search warrant, or articulate why you entered the home without a search warrant

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

    What is another term used to refer to a probable cause affidavit?

    <p>Arrest affidavit</p> Signup and view all the answers

    What is a probable cause affidavit?

    <p>A sworn written statement by a law enforcement officer</p> Signup and view all the answers

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