Vehicle Search and Consent Quiz

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Questions and Answers

When can a law enforcement officer make an arrest without a warrant in Florida?

If the offense is a felony and not committed in the officer's presence but the officer reasonably believes the offender committed it (correct)

If the offense is a violation of a municipal ordinance

If the officer personally witnessed the offense being committed

If the officer has a strong suspicion that the person is guilty

What is required for a judge to issue a warrant of arrest under 901.02 of the Florida Statutes?

Motive of the officer for making the arrest

Presence of an officer during the offense

An arrest made by the officer

Examination of the complainant and other witnesses leading to reasonable belief of an offense (correct)

According to Arkansas v. Sullivan, what makes an arrest valid even if the officer had a different motivation?

The officer's true purpose for making the arrest

The presence of probable cause (correct)

The defendant's cooperation

The seriousness of the offense

In what instances can an officer make an arrest without a warrant?

If a felony was committed but not in the officer's presence and they 'reasonably believe' the offender did it Signup and view all the answers

When should an arrest for the commission of a misdemeanor be made according to Florida statutes?

Immediately or in fresh pursuit Signup and view all the answers

What type of offenses can lead to an immediate arrest by an officer under Florida law?

Felonies, misdemeanors, or violations of municipal or county ordinances committed in the officer's presence Signup and view all the answers

What is the time frame for filing charges against defendants not in custody?

30 days Signup and view all the answers

In what cases is an indictment mandatory?

Capital crimes only Signup and view all the answers

When is an information required for prosecutions in circuit or county court?

Always Signup and view all the answers

Under what conditions can a gratuitous guest be removed from a property?

By the owner or possessor of the property for any reason Signup and view all the answers

When can a secured party take possession of collateral without judicial process?

Upon default and without breach of the peace Signup and view all the answers

What action can be taken if a vehicle owner refuses to pay repair costs and removes the vehicle from the repair shop?

Investigate for theft under 812.014 Signup and view all the answers

Under what conditions can an officer stop a citizen?

If the officer reasonably suspects the citizen has committed a crime Signup and view all the answers

In what situations can an officer conduct a frisk of an individual?

If there is a reasonable suspicion that the individual is armed and dangerous Signup and view all the answers

What is necessary for an officer to conduct a frisk during a traffic stop?

The officer must suspect the driver or passenger may be armed and dangerous Signup and view all the answers

When can an officer conduct a frisk merely based on seeing a bulge on a suspect?

If it's possible that the bulge is from carrying a concealed firearm Signup and view all the answers

What triggers an officer's obligation to administer Miranda warnings?

Whenever law enforcement officers take a person into custody Signup and view all the answers

When are Miranda rights triggered during an encounter with law enforcement?

When custodial interrogation takes place Signup and view all the answers

What distinguishes 'custodial interrogation' according to the text?

'Custodial interrogation' occurs after significant freedom deprivation and questioning Signup and view all the answers

When can an officer conduct further questioning if the suspect does not initiate communication?

Only if counsel is made available and present Signup and view all the answers

Under what circumstances is handcuffing during a stop and frisk considered reasonable?

'Handcuffing is reasonable if circumstances reasonably justify its use' Signup and view all the answers

'Furtive Movements' may lead an officer to conduct what action?

'Furtive Movements' can establish reasonable suspicion justifying a pat-down search for weapons Signup and view all the answers

What is the term used for questioning initiated by law enforcement officers, including direct questioning or its functional equivalent?

Custodial Interrogation Signup and view all the answers

When can police attempt to initiate questioning of a suspect without an attorney present after they have been released from pretrial custody?

After 14 days Signup and view all the answers

Under what circumstances can an unannounced or forced entry be considered reasonable?

In cases of potential destruction of evidence or likelihood of violence Signup and view all the answers

In what situations can a peace officer legally enter a citizen's home without a search warrant?

To prevent the imminent use of a dangerous weapon or the potential destruction of evidence Signup and view all the answers

What type of crimes does federal law allow wiretaps for under electronic surveillance?

Only murder and kidnapping Signup and view all the answers

When searching the person of a student on school grounds, what level of suspicion is required for a school official to conduct the search?

Reasonable Suspicion Signup and view all the answers

What did the U.S. Supreme Court case Minnesota v. Dickerson establish regarding seizing narcotics during a frisk for concealed weapons?

Narcotics can be seized if they are instantly recognizable by 'plain feel' Signup and view all the answers

What is considered necessary to obtain CSLI (Cell-Site Location Information) under federal law?

A warrant unless there is probable cause Signup and view all the answers

'Knock and Announce' is not required if there is a likelihood of violence or imminent destruction of evidence. What does this refer to?

'Exigent circumstances' Signup and view all the answers

In a Terry Stop, when can law enforcement officers use drawn weapons?

When they reasonably believe it is necessary to protect themselves or prevent the suspect's ability to flee. Signup and view all the answers

What does a person using defensive deadly force in certain situations presume about the threat?

The threat has unlawfully and forcefully entered a dwelling or vehicle. Signup and view all the answers

What does the 'Stand Your Ground' immunity refer to?

Being permitted to defend oneself without first attempting to retreat. Signup and view all the answers

When does a consensual encounter become a detention?

When a pat-down search is conducted. Signup and view all the answers

What does 'Probable Cause' mean in law enforcement terms?

Having trustworthy information that an offense has been or is being committed. Signup and view all the answers

What determines whether an officer has 'Reasonable Suspicion' for an investigatory stop?

Seeing hand-to-hand movements in an area known for criminal activity. Signup and view all the answers

'BOLO' alerts typically provide what level of justification for stopping a suspect?

Reasonable Suspicion Signup and view all the answers

'Informants' reliability can be established by which of the following?

Admitting their own criminal activities. Signup and view all the answers

'Arrest by Surety' involves what action by the surety?

Authorizing a peace officer to make the arrest. Signup and view all the answers

'Encounter v. Arrest or Seizure' distinction involves which defining factor?

'Seizure' limits one's freedom of movement through physical force or show of authority. Signup and view all the answers

What is the most intrusive action a police officer can take?

Making an arrest Signup and view all the answers

Under what conditions can a police officer make a warrantless entry into a home to make an arrest?

If there is consent from the owner or lessor Signup and view all the answers

What behavior justifies an arrest under F.S. 877.03 based strictly on language?

Using 'fighting words' that may incite an immediate breach of peace Signup and view all the answers

In what situation does the possession of an arrest warrant allow police to enter a person's dwelling?

If they have reason to believe the subject of the warrant is inside at the time of entry Signup and view all the answers

Under what circumstances can an officer make an in-home arrest without an arrest warrant?

If the suspect has committed a violent crime and there is a likelihood of escape Signup and view all the answers

What behavior constitutes 'fighting words' for the purpose of making an arrest under F.S. 877.03?

'Fire!' yelled in a crowded building Signup and view all the answers

When can an officer enter a dwelling without an arrest warrant?

In hot pursuit of a fleeing felon Signup and view all the answers

Under what circumstance may a police officer make a warrantless entry into premises?

The officer has obtained consent from an owner or lessor Signup and view all the answers

What justification is required for police officers to make an in-home arrest without a warrant?

A likelihood of escape due to committing a violent crime and being armed Signup and view all the answers

When is it lawful for individuals to loiter or prowl according to 856.021?

Not usual for law-abiding individuals, under circumstances that cause alarm or immediate concern Signup and view all the answers

What type of search can an officer conduct for weapons in a vehicle if there is reasonable suspicion?

Search of all closed containers in the passenger compartment Signup and view all the answers

In what scenario can police order a warrantless blood test to measure a driver's BAC?

When police have probable cause and driver is unconscious/stupor and needs to be taken to the hospital Signup and view all the answers

What is the consequence of failing to serve a party within 120 days after filing a civil action?

Dismissal of the action Signup and view all the answers

Who is authorized to serve papers in a civil action according to F.S.S. 48.29?

Any competent person appointed by the Court or sheriff/deputies Signup and view all the answers

What happens if a defendant fails to respond to a valid summons and complaint in a civil action?

Default judgment against the defendant Signup and view all the answers

How long does a defendant have to file a formal answer to a complaint in a civil action?

20 days Signup and view all the answers

Under what circumstances may sheriffs execute processes according to F.S. 30.15 and 48.021?

For all processes of Supreme Court, circuit court, and county court Signup and view all the answers

Study Notes

Authority to Arrest

A law enforcement officer is given the authority to make an arrest for the commission of a crime with or without a warrant under Chapter 901 of Title XLVII of the Florida Statutes.
A warrant of arrest may be issued by a judge if after examination of the complainant and other witnesses, the judge reasonably believes that the person complained against has committed an offense within the judge’s jurisdiction.

Warrantless Arrest

An arrest is valid as long as there was objective probable cause, even if the officer had a different motivation for making the arrest.
An arrest may be made by an officer without a warrant in the following instances:
If a felony or misdemeanor or violation of a municipal or county ordinance is committed in the presence of the officer.
If a felony has been committed, not within the officer’s presence, and the officer “reasonably believes” the offender committed it.
Certain misdemeanors, such as disorderly conduct on premises, luring or enticing a child, and trespassing.

Arrests Within Dwellings

A police officer must obtain an arrest warrant before entering a home to make a routine arrest of a suspect, unless:
The suspect has committed a violent crime and is inside the premises, armed, and poses a serious danger to the police and/or citizens.
The officer obtains consent to enter the premises from an owner or lessor.
The officer is in hot pursuit of a fleeing felon.

Arrest Guidelines

A law enforcement officer has the authority to make an arrest for the commission of a crime with or without a warrant under Chapter 901 of the Florida Statutes.
The state attorney must provide personnel or procedure for criminal intake in the judicial system.

Loitering and Prowling

It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
A person may be arrested for loitering or prowling if they take flight upon appearance of a law enforcement officer, refuse to identify themselves, or manifestly endeavor to conceal themselves or any object.

Breach of the Peace; Disorderly Conduct

To arrest for violation of F.S. 877.03 based strictly on language, an officer must observe the suspect using “fighting words” or words that by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Justifiable Use of Force

The analysis applied by courts to determine the reasonableness of an officer’s actions focuses on the police conduct, viewed objectively, in light of the circumstances confronting the officers at the time.
A person using defensive deadly force is presumed to have a reasonable fear of imminent death or great bodily harm if the person against whom force is used was unlawfully and forcibly entering a dwelling, residence, or occupied vehicle.

Arrest by Surety (Bail Bond Agents)

A surety may authorize a peace officer to make the arrest by endorsing the authorization of a certified copy of the bond.
A principal may be arrested by his surety within 2 years from the date of forfeiture of the bond.

Consensual Encounters, Reasonable Suspicion and Probable Cause

A consensual encounter is a mere contact and involves no coercion, no detention, and therefore no arrest or seizure.
A detention for the purpose of issuing a trespass warning on behalf of a private owner, absent other circumstances giving rise to a reasonable suspicion of other criminal activity, is a consensual encounter.

Reasonable Suspicion

An officer may stop a citizen when he or she reasonably suspects that the citizen has committed or is about to commit a crime.
Reasonable suspicion depends on the officer’s observation of hand-to-hand movements between persons in an area known for narcotics transactions.

Probable Cause

Probable cause exists where the facts and circumstances within the arresting officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.

Informants

In order to establish “reliability,” an officer should determine if the informant has come forward in the past with accurate information, is making a declaration against his or her penal interest, or can the officer confirm details of the informant’s story?

Street Encounters on Less Than Probable Cause

An officer can stop a citizen when he or she reasonably suspects that the citizen has committed or is about to commit a crime.

Stop and Frisk

A police officer has authority to temporarily detain a person under F.S. 901.151 in order to investigate a reported misdemeanor performed outside of his or her presence.
Frisking involves a pat-down of the suspect, and the officer can also pat-down a citizen’s bag or container if that officer has a right to frisk the individual.
An officer may pat-down a driver or a passenger during a traffic stop only if there is a reasonable suspicion to believe the driver or passenger may be armed and dangerous.

Miranda Warnings

A law enforcement officer’s obligation to administer Miranda warnings attaches only where there has been such a restriction on a person’s freedom as to render him or her “in custody.”
Miranda rights are triggered when custodial interrogation takes place, which is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action in any significant way.

Interrogations and Confessions

“Custodial interrogation” refers to questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way.
Unless the accused himself or herself initiates further communication with the police, the interrogation cannot be reinitiated.

Searches and Seizures

A search is an invasion of a citizen’s expectation of privacy in a particular area.
Courts adhere to a 30-day rule of thumb between the events described in the affidavit and issuance of a search warrant.
An officer must execute a search warrant within 10 days of its issuance.

Electronic Surveillance

Federal law only allows wiretaps for murder, kidnapping, drug crimes, and crimes “dangerous to life, limb, or property.”
A warrant is necessary to obtain a CSLI in the absence of an exception such as exigent circumstances.

Fruits of a Weapons Search

Police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as the contraband is instantly recognizable by “plain feel.”

School Searches

A school official may search the person of a student on school grounds based solely on a reasonable suspicion of criminal activity, as long as school officials initiate the search or police involvement is minimal.
When police officers initiate a search, or when school officials act at the behest of a law enforcement agency, the search must be supported by probable cause.

Searches Without Search Warrants

A peace officer may enter a citizen’s home without a search warrant to prevent the imminent use of a dangerous weapon, or to prevent the potential destruction of evidence.
Abandoned property can be searched without a warrant.
A driver may consent to a search of an entire vehicle, even if he or she does not actually own it.### Vehicle Searches and Seizures
A legal stop of a vehicle allows an officer to frisk occupants and search for weapons in the passenger compartment, including closed containers.
During a consent search of a vehicle, containers can be opened without being damaged.

DUI and Blood Tests

The U.S. Supreme Court ruled that a person arrested for DUI can be required to submit to a warrantless breath test, but a blood test requires a search warrant.
However, if a driver is unconscious or stuporous and needs to be taken to a hospital, police may order a warrantless blood test.

Service of Process and Subpoena

A civil action begins with the filing of a formal written complaint in the appropriate court.
Service of process is made after the issuance of a summons by the clerk or judge.
Authorized persons to serve papers include the sheriff or deputies, or a competent person appointed by the Court.
Failure to serve a party within 120 days after filing a civil action will result in dismissal.
In small claims matters (≤ $2,500), service by mail is permitted, using registered mail with a return receipt.

Failure to Respond to a Summons and Complaint

A defendant has 20 days to file a formal answer to a complaint.
In an eviction, the tenant has 5 days to respond to a Complaint for Eviction.
Failure to respond will likely result in a default judgment against the defendant.

Authorized to Serve

Sheriffs have authority to execute all processes in their county, including supreme court, circuit court, county court, and boards of county commissioners.
A failure to respond to a summons and complaint can result in a warrant and forfeiture of bail.

Charging Documents

In circuit courts, prosecution is by indictment or information.
In county courts, prosecution for misdemeanors may be by notice to appear.

Time for Filing Charges

For defendants in custody, formal charges must be filed within 30 days from the arrest date or service of a capias for arrest.
If no charges are filed, the defendant will be automatically released on the 33rd day.
For defendants not in custody, the prosecutor has 30 days to file charges.

Indictment and Information

An indictment is mandatory for capital crimes and discretionary for other crimes.
An information is required for all prosecutions in circuit or county court, except where an indictment is returned.

Notice to Appear

If the arresting officer does not issue a notice to appear, the booking officer may issue one if they determine the accused will likely appear as directed.

Traffic Citations

A person charged with a noncriminal traffic infraction shall be brought to trial within 180 days of service.

Speedy Trial

The time period begins from arrest or service of process and ends when trial begins.
The time period for misdemeanors is 90 days and 175 days for felonies.

Civil Action for Deprivation of Rights

An officer (and department) may be sued for money damages by the victim of an unlawful arrest.

Criminal Liability of Law Enforcement Officers

Under 18 USC 241, a law enforcement officer may be held criminally liable for entering into a conspiracy to deprive a citizen of a constitutional right.

Florida's Residential Landlord and Tenant Laws

A gratuitous guest occupies premises without an agreement and may be removed by the owner or possessor for any reason.
A tenant who occupies premises pursuant to an agreement can only be removed through a civil action.

Repossession

A secured party has the right to take possession of collateral (e.g., a vehicle) without judicial process, as long as it can be done without breach of the peace.

Motor Vehicle Repairs

If the vehicle owner refuses to pay the repair cost and removes the vehicle, the owner should be investigated for theft.

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Description

Test your knowledge on legal vehicle searches, including frisks and searches for weapons in a vehicle's passenger compartment. Learn about consent searches of vehicles and the concept of implied consent for breath tests during DUI arrests.