84 Questions
Which case involved the question of whether an individual's presence in an area of expected criminal activity is enough to support a reasonable suspicion of crime?
Illinois v. Wardlow
Which branch is law enforcement apart of ?
Executive
This branch is responsible for interpreting the laws
Judicial
Which branch is responsible for creating the laws ?
Legislative
Which principle is provided by the constitution?
Separation of powers
According to the supremacy clause, which level of government generally takes precedence in cases of conflicting laws?
Federal government
Local government creates ordinances
True
What is the primary purpose of civil law?
To settle disputes between private individuals
What is administrative law?
The body of law that establishes the operation and procedures of governmental agencies
What does Chapter 11b of the Florida administrative code govern?
The training and certification of law enforcement officers
Which branch of the government is responsible for forming case law?
Judicial
What is case law?
Laws formed by court decisions
Which of the following is the main objective of a law enforcement officer?
Protecting constitutional rights
Which document sets the parameters for the U.S. government?
U.S. constitution
What is the purpose of the article of the constitution mentioned in the context?
To create a social contract between the people
What is another name for the first 10 amendments to the United States Constitution?
Bill of Rights
Which amendment protects the freedom of speech?
First amendment
According to the Fifth Amendment, which of the following is required for capital crimes?
Grand jury indictment
Who does due process apply to?
People accused of crimes
Which of the following best defines substantive due process?
The fair and consistent enforcement of the law
What does Procedural Due process refer to?
The rights of a person during the criminal justice process
Which amendment prohibits double jeopardy?
5th
Which amendment in the US Constitution includes protection against excessive bails and fines?
8th
Which amendment establishes due process and equal protection of the law?
14th
What are the two main categories in which criminal offenses can be classified?
Misdemeanors and felonies
Which of the following penalties can a local criminal ordinance violation carry?
Up to 60 days in county jail and $500 fine
Which term describes a criminal offense that carries a maximum imprisonment of up to one year?
Misdemeanor
What is the maximum sentence for a 1st degree misdemeanor?
1 year and 1000
How long can someone be sentenced for a 2nd degree misdemeanor?
60 days And 500 dollars
What is another term for a non-criminal violation?
Civil infraction
Which level of government governs enhanced penalties?
State and federal law
What is another term for a criminal act?
Criminal intent
Why is it important to determine criminal intent?
To establish whether a crime was actually committed
What do you need to establish a crime
Probable cause
This is when someone intentionally commits a crime such as Battery, Rape, Kidnapping, Manslaughter False Imprisonment
General intent
This Is when the intent to commit a crime to deprive an owner of something permanently such as burglary, embezzlement, forgery, murder, robbery, and theft
Specific intent
This is when a harm in meant for one person but it ands up hitting another person
Transferred intent
Someone on the phone causes in accident this is considered as
Negligence
This is when they intend for their behavior to cause the damages that they did. Such as vehicular homicide (Aka They actually know its going to cause damage)
Recklessness
What is the 2nd element of negligence
Breach of duty
What is the 4th element of negligence
Damages
What is the 1st element of negligence
A Duty to act
What is the 3rd element of negligence
Proximate cause
These are designed to compensate for the actual property damages, harm, or jury.
Compensatory damages
These are presumed to result from the DEFENDENTS ACTIONS awards for pain and suffering,Discomfort humiliation and emotional distress
General damages
These are to award those actually caused by the injury lost earnings, personal property, attorney fees
Special damages
This is to punish the defendants because of there acts and to warn others of there actions
Punitive damages
What standard of proof is required for an investigative stop?
Reasonable suspicion
Under what statue , allows the officer to seize the contraband even if it does not feel like a weapon
The plain touch feel doctrine
In the United States, the Fourth Amendment protects individuals from unreasonable searches and seizures. What standard must be met in order for law enforcement to perform a pat-down on someone?
Probable cause
Which of the following factors is considered when determining probable cause? WHAT IS IT BASED OFF OF
The totality of circumstances
This is when someone intrudes into someone’s privacy to look for something
Search
This when an officer affects a person to have control over that property (aka confiscated)
Seizure
Who is the search warrant issued by ?
Judge
In the legal system, what standard of proof is required for a conviction? (Key word conviction)
Proof beyond a reasonable doubt
A mobile conveyance search may be conducted Without a warrant even if there may be time to Obtain a warrant
True
Under what conditions can you enter a place when there is a destruction of evidence
Existent circumstances
This is the immediate and continuous pursuit by officers of a suspect who is fleeing to avoid arrest and is entering another jurisdiction.
Fresh pursuit
This is when is officer may enter a place to ensure the (safety) of the person, or the public to ensure everyone is safe -BUT THE OFFICER MUST HAVE OBJECTIVELY REASONABLENESS-
EMERGENCY SCENE
What condition must be met for an inventory to be permitted?
The vehicle must be impounded
Under the 4th amendment, when a person -(is arrested)-they may be searched without a warrant. This type of search is called:
Search incident to arrest
A search incident may be conducted only when they are under custodial arrest, or ?
substantially contemporaneous
What is the main difference between Open Fields and private areas?
Open Fields are visible to people outside of the property
The scope of Constitutional searches is limited to the items being searched Basically if your looKing For a Dryer You Cant look inside Drawers or Under beds.
True
How does the Florida statutes empower law enforcement agencies regarding contraband articles?
It grants them the power to seize and forfeit the contraband articles
What is the term used in the Florida statutes to describe the property that can be seized and forfeited?
Contraband articles
This is a civil Proceeding in which law enforcement ask the court to transfer evertthing From the defendant to the law enforcement agency which they can (sell or keep for the agency). —Key word sell or keep for the agency—
Foefeiture
394.463 F.S authorities a law enforcement officer take someone into custody for involuntary examination under the baker act to seize and hold any firearms or ammunition
True
How many categories does the state of Florida recognize to own a firearm? LOOK AT PG,92
17
The florida statues defines" readily accessible for immediate Use as carried on the Person or within such close Proximate AKA Can be quicKly accessible
True
securely encased means in a glove compartment, in a gun Case, a zipper gun case, An a box with the lid closed
True
You can verify someone’s license through FCIC or from dispatch
True
For an officer to comply with the officers safety act they must carry how many forms
2
This is a federal law that allows qualified and retired law enforcement officers to carry a concealed firearm in any jurisdiction in the United States this is called what?
Officers safety act
Which is one of the forms an officer must carry on him or her to comply with the officers safety act? (SELF ELIMINATE) the answer READ
Officers must carry photo identification by the agency
How long ago should an officer have met the qualifications with the same firearm in order to comply with the Officer Safety Act?
12 months
Which of the following best defines reciprocity in the context of concealed carry?
When a state recognizes another state's concealed carry permits
This is a court order that temporarily restricts a person access to firearms, ammunition for up to one year
RPO
This is a court order that authorizes and requires law enforcement to take the individual into custody this is called what
Arrest warrant
What do you need to obtain an arrest warrant ?
Aka what do you need to arrest someone ?
Probable cause
The Florida statue authorize law enforcement officers to enter the residence of a wanted person to make an arrest
True
To enter a third party residence to arrest a subject, the officer must obtain a search warrant, or articulate why you entered the home without a search warrant
True
What is another term used to refer to a probable cause affidavit?
Arrest affidavit
What is a probable cause affidavit?
A sworn written statement by a law enforcement officer
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