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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?

The warrant may be amended by a judge Signup and view all the answers

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

To justify the arrest with certain facts and circumstances Signup and view all the answers

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

At the office of the clerk of the circuit Signup and view all the answers

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

When there is insufficient information in the affidavit Signup and view all the answers

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

Even if the criminal offense for which probable cause exists is not closely related to the stated offense at the time of arrest Signup and view all the answers

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

Complete narrative of the offense sufficient for showing probable cause Signup and view all the answers

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

All elements of the charged offense 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?

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. 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?

Correct Florida State statute number(s) Signup and view all the answers

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

The respective county or city ordinance number(s) Signup and view all the answers

What signature is required in an arrest affidavit?

Signature of both arresting officer and a witness to the officer’s signature Signup and view all the answers