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Which of the following statements about service of process and witness subpoenas is true? (Select all that apply)

  • Service may be made at the usual place of abode with any person residing there if they are 15 years of age or older. (correct)
  • Employers are required to provide a private area for serving subpoenas to employees. (correct)
  • Service may be substituted on a person's spouse if it is not an adversary proceeding between them. (correct)
  • Service can only be made on the owner of a business directly.

    • After how many failed attempts to serve a criminal witness subpoena may the subpoena be posted?

  • 1 failed attempt
  • 2 failed attempts
  • 3 failed attempts (correct)
  • 4 failed attempts

    • How many days prior to the appearance must a criminal witness subpoena be posted after one failed attempt?

  • 3 days prior to the appearance
  • 5 days prior to the appearance
  • 7 days prior to the appearance (correct)
  • 10 days prior to the appearance

    • In which cases can a subpoena on a witness be sent via United States mail to the last known address, requiring mailing at least 7 days before the appearance date?

    <p>All of the above</p> Signup and view all the answers

    According to the removal of a tenant under 83.22, what must the Sheriff do if the defendant cannot be found after 2 attempts spaced 6 hours apart?

    <p>Attach the notice to some part of the premises.</p> Signup and view all the answers

    What is the correct notice period for a landlord to evict a tenant who is in arrears for rent payment?

    <p>Three (3) day notice</p> Signup and view all the answers

    What notice may be given by a landlord to have a weekly paying tenant move or to evict an undesirable tenant?

    <p>7 days</p> Signup and view all the answers

    What notice may be given by a landlord to require a month-to-month tenant to move?

    <p>15 days</p> Signup and view all the answers

    Which case law established the fresh pursuit criteria?

    <p>Jones vs. State</p> Signup and view all the answers

    1. Any duly authorized State, County, or Municipal arresting Officer is authorized to arrest a person outside the Officer’s jurisdiction when in fresh pursuit. For fresh pursuit to apply?

    <p>The police must act without unnecessary delay</p> Signup and view all the answers

    Within __ hours of arrest and custody, a person must be informed of the crime for which he/she is being charged, provided a copy of the complaint and given Miranda warnings at a First Appearance before a judicial officer.

    <p>24</p> Signup and view all the answers

    If an arrest is made in this State by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the?

    <p>Officer in charge of the jurisdiction where the arrest was made</p> Signup and view all the answers

    Any person who willfully refuses to accept and sign a summons is guilty of a?

    <p>Second degree misdemeanor</p> Signup and view all the answers

    A defendant may not be detained for more than __ days prior to trial unless a trial delay is requested by the defendant.

    <p>90</p> Signup and view all the answers

    A defendant in custody, who was charged with an offense, shall have a non-adversary ________ within ___ hours of his/her arrest.

    <p>probable cause hearing / 48 hours</p> Signup and view all the answers

    A person charged with a non-criminal traffic infraction shall be brought to trial within ______ days of the date of service.

    <p>180</p> Signup and view all the answers

    An indictment is mandatory in all _______ crimes and discretionary for any other crime. What is the correct answer?

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

    A grand jury can indict for?

    <p>Any crime</p> Signup and view all the answers

    For defendants in custody, formal charges must be filed within __ days from the arrest date or from the date of service of a capias for arrest.

    <p>30</p> Signup and view all the answers

    Failure to serve a party within ___ days after the filing of a Civil Action will result in a dismissal of the action.

    <p>120</p> Signup and view all the answers

    In ____ the Equal Employment Opportunity Commission (EEOC) issued comprehensive guidelines on sexual harassment in the workplace.

    <p>1980</p> Signup and view all the answers

    These guidelines define sexual harassment as a type of sexual discrimination prohibited under TITLE VII of the Civil Rights Act of ____.

    <p>1964</p> Signup and view all the answers

    After the initial training, how often are ECSO employees required to attend sexual harassment training?

    <p>Once every 2 years</p> Signup and view all the answers

    In an effort to reduce incidents of sexual harassment in the workplace, it is the policy of the Sheriff's Office that all members will attend and satisfactorily complete a formal training class on __________ either during their basic police training or upon being hired as an employee.

    <p>Sexual harassment and diversity</p> Signup and view all the answers

    1. In cases of violent offenders or offenders who are deemed an escape risk, other mechanical restraints may be necessary; (What restraints are authorized)?

    <p>Hobbles and leg irons</p> Signup and view all the answers

    In cases of violent offenders or offenders who are deemed an escape risk, which restraints are authorized?

    <p>Hobbles and leg irons</p> Signup and view all the answers

    How should you handcuff someone?

    <p>Palms facing outward and double locked</p> Signup and view all the answers

    A law enforcement officer may arrest a person without a warrant when a person has committed ________ in the presence of the officer.

    <p>Felony, misdemeanor, violated a criminal ordinance</p> Signup and view all the answers

    Public entities employing __ or more individuals will designate at least 1 individual to coordinate its efforts to comply and carry out the ADA requirements.

    <p>50</p> Signup and view all the answers

    Who is the Department of Americans with Disabilities Act Coordinator?

    <p>Administrative Division OIC or their designee</p> Signup and view all the answers

    1. Is the Sheriff or his designee precluded from acknowledging the existence of a complaint & that it is in IA?

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

    If a Supervisor assigned to IA finds it necessary to relieve a member from duty, who has to authorize the removal?

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

    An accusation or charge accusing any member of the organization of violating a policy, procedure, rule, or regulation, excluding citizen complaints that have resulted from a misunderstanding of the law or policy, is known as what?

    <p>Formal complaint</p> Signup and view all the answers

    How many days do law enforcement agencies have to investigate a domestic violence charge and forward the findings to the State Attorney's Office?

    <p>20</p> Signup and view all the answers

    1. When are the premises considered to be abandoned by the tenant?

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

    When can a landlord enter a premises without consent from a tenant?

    <p>For protection and preservation of the premises</p> Signup and view all the answers

    What will a supervisor do if an employee calls in sick?

    <p>Document on an unscheduled leave report</p> Signup and view all the answers

    How long can 2 employees of the ECSO take under the Family and Medical Leave Act (FMLA)?

    <p>Total of 12 weeks</p> Signup and view all the answers

    How long can an employee take off to care for a family member who was injured while on active duty in the military?

    <p>26 weeks</p> Signup and view all the answers

    How many hours does an employee have to work to be eligible for FMLA?

    <p>1250</p> Signup and view all the answers

    Is making a female suspect manipulate her bra (Bra Shake) considered a strip search?

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

    1. Warrants may be served on Sundays?

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

    How many members are on the DRB and how many are voting members?

    <p>6 and 5</p> Signup and view all the answers

    What are the 3 Formal Disciplinary Actions?

    <p>suspend, demote, and dismiss</p> Signup and view all the answers

    What are the 3 Informal Corrective Actions?

    <p>verbal warning, verbal counseling and written reprimand</p> Signup and view all the answers

    What is a requirement for someone to be charged with selling a controlled substance within 1000 feet of a child care facility?

    <p>Identifiable by a sign 2x2 posted in a place visible to the public</p> Signup and view all the answers

    Possession of a blank prescription form is what level crime?

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

    For prosecution under statute 893, may a person sell a controlled substance within 1000 feet of a public or private elementary, middle, or secondary school between which hours?

    <p>Between 0600 and midnight</p> Signup and view all the answers

    How many attempts must be made before a CRIMINAL witness subpoena for a deposition can be posted at the witness’s residence?

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

    1. Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within a 1000 feet of any person commits a

    <p>felony of the third degree</p> Signup and view all the answers

    Antique firearm means any firearm manufactured in or before what year?

    <p>1918</p> Signup and view all the answers

    Short barreled rifle means a rifle having one or more barrels less than __ inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than __ inches.

    <p>16 and 26</p> Signup and view all the answers

    A short-barreled shotgun is defined as having one or more barrels less than __ inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than __ inches. Fill in the blanks.

    <p>18 and 26</p> Signup and view all the answers

    1. When a person has not been located within __ days of a missing person’s report the agency conducting the investigation request the family or next of kin to provide written consent for the dental records.

    <p>30</p> Signup and view all the answers

    Who must provide a program to identify and locate missing Florida school children who are enrolled in Florida public school districts in kindergarten through 12th grade?

    <p>Department of Education</p> Signup and view all the answers

    What are the ages of the offender and the victim for a Capitol Felony of sexual battery where the offender injures the sexual organs of the victim?

    <p>offender over 18 and victim under 12</p> Signup and view all the answers

    Aggravated child abuse is what degree of crime?

    <p>First degree felony</p> Signup and view all the answers

    When is the most dangerous time for an officer responding to a domestic violence (DV) case?

    <p>Within the first minute</p> Signup and view all the answers

    Study Notes

    Service of Process and Witness Subpoenas

    • A criminal witness subpoena can be posted after two failed attempts to serve.
    • Following one failed attempt, a criminal witness subpoena must be posted at least three days before the appearance date.
    • Subpoenas may be sent via United States mail to the last known address in civil cases when it is mailed a minimum of seven days before the appearance date.

    Eviction Process and Tenant Rights

    • A Sheriff's office must conduct due diligence under statute 83.22 if a defendant cannot be found after two attempts spaced six hours apart.
    • For eviction of a tenant who is in arrears, a landlord must provide notice of at least three days.
    • To require a weekly paying tenant to move or to evict an undesirable tenant, a landlord may give a written notice of seven days.
    • Month-to-month tenants must be given at least fifteen days' notice to vacate.
    • Fresh pursuit allows any authorized officer to arrest outside their jurisdiction if the officer is in pursuit of a suspect.
    • A suspect must be informed of the charges within 24 hours of arrest and receive Miranda warnings.
    • In cases of arrest beyond jurisdiction, the arresting officer must notify their department immediately.
    • An individual refusing to accept and sign a summons may be charged with a misdemeanor.

    Trial and Indictment

    • A defendant cannot be detained for more than 33 days prior to trial unless they request a delay.
    • Defendants in custody must have a non-adversary hearing within 48 hours of arrest.
    • Traffic infractions should be brought to trial within 30 days of service.
    • Indictments are mandatory for all felonies but discretionary for other crimes; grand juries can indict for all offenses.

    Civil Procedure and Sexual Harassment

    • Failure to serve a party within 120 days of filing a civil action may lead to dismissal.
    • The Equal Employment Opportunity Commission issued guidelines on sexual harassment under TITLE VII of the Civil Rights Act of 1964.
    • ECSO employees are required to attend sexual harassment training every three years after initial training.

    Restraints and Use of Force

    • In cases involving violent offenders or escape risks, mechanical restraints such as handcuffs and shackles may be used.
    • Officers are permitted to handcuff suspects by securing hands behind their back.
    • An officer may arrest without a warrant if a crime is committed in their presence.

    Americans with Disabilities Act Compliance

    • Public entities with 15 or more employees must designate an ADA Coordinator to ensure compliance with regulations.

    Internal Investigations

    • The Sheriff or designee is not precluded from acknowledging complaints during Internal Affairs investigations.
    • A Supervisor assigned to Internal Affairs must authorize any removal from duty.
    • An accusation against a member for policy violation is termed a "charge."

    Family and Medical Leave Act (FMLA)

    • Employees can take up to 12 weeks under FMLA for personal or family medical issues.
    • To qualify for FMLA leave, an employee must have worked at least 1,250 hours in the past year.

    Law Enforcement and Firearms Regulations

    • Warrants may be served on Sundays.
    • Discharging a firearm within 1,000 feet of another person is a serious offense.
    • Antique firearms are defined as those manufactured in or before 1898.
    • Short-barreled rifles must have barrels less than 16 inches; short-barreled shotguns must have barrels less than 18 inches.

    Missing Person Protocols

    • If a person is not located within 30 days of a missing person's report, the investigating agency can request dental records from family or next of kin.
    • Florida's program to locate missing school children is designated for those enrolled in public school districts from kindergarten through 12th grade.

    Aggravated Child Abuse and Domestic Violence

    • Aggravated child abuse is classified as a second-degree felony.
    • The most dangerous time for officers responding to a domestic violence case is often when they first arrive on the scene.

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    Description

    Test your knowledge on the service of process and witness subpoenas with this quiz. Identify the correct statements about these legal concepts and enhance your understanding of the legal process. Select all options that apply to improve your legal acumen.

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