Legal Guidelines - Arrest Guidelines
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Questions and Answers

What is the duty of the state attorney according to Fla.R.Crim.P. Rule 3.115?

  • To issue arrest warrants for felonies and misdemeanors
  • To oversee the booking process at police headquarters
  • To provide criminal intake procedures for the judicial system (correct)
  • To dismiss any defect in arrest warrants

Under Chapter 901 of the Florida Statutes, when can a law enforcement officer make an arrest?

  • Only with a warrant
  • Only for felonies
  • Only for misdemeanors
  • With or without a warrant (correct)

What is the requirement for an arresting officer when making an arrest?

  • To obtain a written affidavit from the accused
  • To immediately take the accused to court
  • To dismiss any defect in the warrant
  • To bring the accused before the booking officer (correct)

According to Fla.R.Crim.P. Rule 3.121, what can be done if there is a defect in an arrest warrant?

<p>The warrant may be amended by a judge (D)</p> Signup and view all the answers

What is the minimum requirement for the content of an affidavit made by the arresting officer?

<p>To justify the arrest with certain facts and circumstances (B)</p> Signup and view all the answers

Where should all sworn complaints charging the commission of a criminal offense be filed?

<p>At the office of the clerk of the circuit (C)</p> Signup and view all the answers

When should the officer check with his or her superior, police legal advisor, or local state attorney?

<p>When there is insufficient information in the affidavit (B)</p> Signup and view all the answers

According to the text, when is an arrest considered valid?

<p>Even if the criminal offense for which probable cause exists is not closely related to the stated offense at the time of arrest (D)</p> Signup and view all the answers

What should appear in the arrest affidavit according to the guidelines mentioned in the text?

<p>Complete narrative of the offense sufficient for showing probable cause (A)</p> Signup and view all the answers

What should be covered in the arrest affidavit as per the guidelines mentioned in the text?

<p>All elements of the charged offense (D)</p> Signup and view all the answers

According to the guidelines in the text, what should be included in the first paragraph of an arrest affidavit?

<p>the officer establish the legality of the contact with the subject, i.e., explain whether this was a consensual encounter, a Terry stop based on reasonable suspicion, or a stop based on probable cause, citing relevant facts. (B)</p> Signup and view all the answers

What is required for all felonies, misdemeanors or state penal violations in an arrest affidavit as per the text?

<p>Correct Florida State statute number(s) (A)</p> Signup and view all the answers

What should be covered if an arrest is for violation of a county or city ordinance(s)?

<p>The respective county or city ordinance number(s) (C)</p> Signup and view all the answers

What signature is required in an arrest affidavit?

<p>Signature of both arresting officer and a witness to the officer’s signature (C)</p> Signup and view all the answers

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