Criminal Process, Arrests, and Searches

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48 Questions

According to the policy mentioned, who has the authority and duty to make arrests based on probable cause?

Only law enforcement officers

What does 'probable cause' refer to, as per the definitions provided in the text?

Facts and circumstances that lead to a reasonable belief that an offense has been or is being committed

Who is responsible for executing arrest warrants, as mentioned in the text?

Sheriff's deputies

What does the policy of the Department state about executing search warrants?

It is within the authority of law enforcement officers

What is the primary role of law enforcement officers according to the policy mentioned in the text?

To make arrests based on probable cause and execute criminal processes and search warrants

When can a law enforcement officer conduct a warrantless search?

All of the above

What should happen to personal items in a vehicle during impounding?

They should be left in the vehicle

What does 'proper party' mean in the context of obtaining consent to search?

A party who is authorized to give consent to search the particular premises

In what situation can a law enforcement officer conduct a very limited scope warrantless search?

When there are reasonable suspicions of danger or harm to the police or others

What is required if a law enforcement officer returns to a crime scene to conduct a search?

Consent to search from a proper party or a search warrant

Who is authorized to give consent to search the particular premises?

'Proper party' as defined by law enforcement

Under what circumstances can a law enforcement officer conduct a frisk of a person?

When there are exigent circumstances or valid written consent by the proper party

What must be done if a law enforcement officer wishes to conduct a search subsequent to initial processing of the crime scene?

Obtain a search warrant unless exigent circumstances or proper consent exist

What authorization allows a law enforcement officer to conduct a warrantless search?

Authorization by state or federal legal decisions as well as exigent circumstances

What is the definition of a strip search?

Inspecting the genitals and undergarments of an arrested person

According to the text, who is responsible for notifying command staff of any release (unarrest) of a detainee?

The arresting LEO and his/her supervisor

Under what circumstances may a strip search be conducted on individuals without an arrest in the field?

Only if the suspect is dangerous and likely to victimize citizens

What should be done if there are discrepancies in verifying a person's identity during an arrest with a warrant?

Attempt to have a photograph emailed or faxed to verify the identity

In what situations is it the policy of the Boca Raton Police Department to permit the audio and video taping of officer/citizen encounters, including traffic stops?

When the citizen does not interfere with official police duties

What is required when taking a person into custody based on a confirmed arrest warrant?

Handcuff and search the arrested person if applicable

What should be done if probable cause for an arrest exists based solely on an identification from a photo lineup?

Obtain an arrest warrant prior to making the arrest

Under what circumstances should an arrest warrant be obtained prior to arresting the violator?

When there is a likelihood of repeat offenses by the violator

What will happen when citizen recorders physically interfere with an LEO’s official duties or cause an unlawful disturbance of the peace?

Appropriate enforcement action may be initiated against the citizen recorders

What should be done if there are discrepancies in verifying a person's identity during an arrest with no warrant?

Attempt to obtain a photograph or fingerprints for verification

In what situations should a LEO attempt to obtain an arrest warrant prior to arrest?

Whenever there is any question as to whether probable cause for an arrest exists

What must the LEO attach when returning the warrant?

An affidavit of verification

How long is the search warrant for mobile tracking devices valid from the day it is signed?

45 days

When must the tracking device be placed on the property to be tracked?

Within 10 days of the search warrant being issued

During what time period must the tracking device be placed on the property tracked?

6am-10pm

Where must the property being tracked be located when the tracking device is placed?

Within Palm Beach County

What information must be noted by the LEO executing the warrant when installing the tracking device?

The date and time of installation and period of use

When must the person whose property is tracked be given a copy of the warrant?

Within 10 days after use of the tracking device has ended

Under what law is active criminal intelligence information exempt from public inspection?

FSS 119.071(2)(c)1

In which scenarios can an LEO search a person, vehicle, home, or property without a warrant?

When given voluntary written or oral consent by an authorized person, or under specified exceptions to the warrant requirement

Under what circumstances may a vehicle be searched without a warrant?

If it is believed that evidence or contraband exists and there is no time to obtain a warrant before the vehicle is moved.

In which situation may a strip search be conducted without a warrant?

When there is probable cause to believe that an immediate search is necessary to prevent imminent danger to the safety or health of the suspect

What must the LEO obtain before conducting a strip search?

Written authorization of an on-duty supervisor

Under what circumstances can a strip search be conducted for a person arrested for a traffic, regulatory, or misdemeanor offense?

If there is probable cause that the individual is concealing a weapon, a controlled substance, or stolen property

Who should perform the strip search on a person of the same gender as the arrested person?

A physician or registered nurse

Under what conditions should LEOs conduct strip-searches?

In a cell outside of camera observation

What must be true in order for a body cavity search to be conducted without a warrant?

There must be probable cause for a body cavity search

Who can conduct a body cavity search?

A physician, or a registered nurse or licensed practical nurse registered or licensed to practice in the state

What authorization must the LEO obtain before conducting a body cavity search?

"Written authorization" of an on-duty supervisor

"Search warrants shall only be issued upon sufficient "probable cause," supported by oath or affirmation."" What does this statement mean?

"There must be justifiable reason and sworn testimony supporting the need for the search warrant"

"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated." What legal concept does this statement represent?

"Right to privacy"

What should a search warrant include at a minimum?

Documentation 'particularly describing' the item to be searched in such a manner as to distinguish it from all others.

What is required after establishing probable cause for a warrant?

Submission of the warrant/affidavit to an immediate supervisor for approval.

____________, or his/her designee, shall approve the use of the SWAT Team for all entries involving narcotics warrants.

The Investigative Services Bureau (ISB) commander

This quiz covers the legal aspects of strip searches conducted by law enforcement officers, including the conditions under which a strip search can be carried out and the requirement for obtaining written authorization.

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