35 Questions
What are the three levels of contact between law enforcement officers and citizens?
Consensual Encounters, Reasonable Suspicions, Probable Cause
What characterizes a consensual encounter between a law enforcement officer and a citizen?
Involves no coercion, no detention, and no arrest or seizure
What do law enforcement officers need to understand in order to be more effective in conducting criminal investigations?
The limits of each type of encounter
What is the objective test in a consensual encounter?
Whether a reasonable person would think he or she were free to go
What are some suggestions mentioned in the text to establish a consensual encounter?
Asking the citizen if they want to answer questions
In which case do law enforcement officers not violate the Fourth Amendment according to the text?
When merely approaching an individual on the street and asking if they are willing to answer some questions
In Langello v. State, why did the officer not have reasonable suspicion to stop the vehicle?
Because the officer could not recall whether the tag remained legible with only one functioning light
What was the officer's reason for stopping defendant in Simpson v. State?
The officer had a hunch that defendant was carrying alcohol
In Ray v. State, what did the officer's observation of hand-to-hand movements between persons in an area known for narcotics transactions indicate?
Did not provide a founded suspicion of criminal activity.
What did the officer observe about the license plate on the vehicle being driven by defendant in Simpson v. State?
Both lights illuminating the license plate were operational
Which of the following actions would likely cause a consensual encounter to be considered a detention?
The officer tells the citizen that they are a suspect.
In which scenario would a police officer be considered to have seized an individual?
The officer asks the individual to accompany them to the police room without indicating that they are free to depart.
What is the requirement for a seizure to occur under federal law?
Physical force must be applied to the suspect by the officer.
In what situation does Florida courts consider a seizure to occur?
When police retain an individual's property without indicating freedom to leave.
In which case does a consensual inquiry likely escalate into an investigatory procedure according to Florida courts?
When police retain an individual's property without indicating freedom to leave.
What is considered an important factor in determining whether a seizure under the Fourth Amendment has occurred?
Activating police lights.
In which situation would knowingly and willfully providing false information to a law enforcement officer become a misdemeanor of the first degree?
Knowingly and willfully providing false information to a law enforcement officer conducting a missing persons or felony criminal investigation with intent to mislead the officer or impede the investigation.
In what scenario would an encounter likely be ruled as a detention by courts?
When an officer blocks an individual's path with a police vehicle or officer(s).
What can invalidate an arrest made by a police officer?
Delayed serving of a capias for a defendant if the state offers no evidence of a diligent effort to locate the defendant.
In what situation does Florida courts consider a seizure to occur?
When an officer demanded that defendant open his hand
Based on the text, what does 'probable cause' not require officers to do?
Rule out a suspect's innocent explanation for suspicious facts
What did the Court emphasize in Curtis v. State regarding an officer's observation of crack cocaine in a defendant's mouth?
The officer's experience in making hundreds of arrests for crack
In what type of offenses is the 'Fellow Officer Rule' applicable?
Both misdemeanor and felony offenses
What did the Court emphasize in Smith v. State, 719 So.2d 1018 (Fla. 3d DCA 1998) regarding the 'Fellow Officer Rule'?
It applies to communications between officers of different agencies
In which case did the 'Fellow Officer Rule' apply to both searches and arrests?
State v. Peterson, 739 So. 2d 561 (Fla. 1999)
What did the Court rule regarding an officer's use of a spotlight in relation to the 'Fellow Officer Rule'?
It does not transform a consensual encounter into a detention
In what situation can an officer stop a citizen according to F.S. §901.151?
When the citizen is engaged in unusual or suspicious behavior
What is NOT considered a valid basis for an officer to stop an individual according to Florida courts?
A hunch about the individual's actions
What is required for an officer's 'stop' of a citizen to be valid, regardless of its form?
Specific facts justifying the officer's actions
Under what circumstances would an officer be justified in stopping an individual based on an anonymous tip?
If the tip was in conjunction with something personally observed by the officer
What does NOT constitute sufficient reason for an officer to stop an individual, even in a high-crime area?
'Innocuous' behavior observed by the officer
In which case was a consensual encounter transformed into a detention when a pat-down search was conducted?
Caldwell v. State, 985 So. 2d 602 (Fla. 2d DCA 2008)
Under what circumstances can an officer resort to a consensual encounter instead of a Terry stop?
If the officer has no reasonable suspicion but asks for consent to search
What did the Court emphasize in Curtis v. State regarding an officer's observation of crack cocaine in a defendant's mouth?
The observation alone does not constitute sufficient reason for an investigatory stop
What represents a reasonable suspicion to make an investigatory stop according to Hernandez v. State?
Seeing a van being burglarized in a parking lot
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