CHAPTER 1 LAW ENFORCEMENT

Florida Circuit Courts

20 circuit courts and handles,Domestic relations cases such as dissolution of marriage (divorce), guardianship, and juvenile delinquency. Major criminal offenses (felonies), which can result in imprisonment in state correctional institutions. Probate matters, such as the processing of wills and settling the estates of deceased persons. Civil cases of more than $15,000. Baker Act and Marchman cases. Issuance of search and arrest warrants within the circuits. Appeals from county court judgements, except when a state statute or provision of the state constitution is held invalid.

Florida District Court of Appeals

5 Courts that hear appeals from circuit courts in most criminal and civil cases.

Florida County Courts

67 county courts and handles,Misdemeanors,County and municipal ordinance violations, including traffic infractions (some counties use hearing officers for these cases),Civil cases involving amounts of $15,000 or less and small claims disputes (less than $5,000), Issuance of search and arrest warrants within the county.

Jury

A group of citizens who determine questions of fact in a trail. Responsibilities may differ depending on the case. Not always required for a court to hear a case. In a nonjury or bench trial, the judge hears the case and renders the verdict.

Organization

A group of two or more people who cooperate to accomplish one or more objectives. The purpose of having an organizational structure is to create a work environment that encourages communication between each employee. The structure of an organization is defined by how the employees are grouped to perform the work of the organization. Units (patrol, investigations, parking) and subunits within the units (such as vice, homicide, child abuse, burglary, or assault and battery are subunits in the investigations unit)

4 years

A recruit has_____________ from starting date of basic training to complete the certification process.

Bailiff (Court Deputy)

A sworn LEO responsible for security in the courtroom.

Conflict of Interest

Actions and situations that could conflict with official responsibilities

Personal Values

An individual's convictions about what is right and wrong, based on religious beliefs, cultural roots, family background, personal experiences, laws, organizational values, professional norms, and political habits.

Hostile Work Environment

An office culture where lewd jokes or other offensive habits are acceptable.

Gratuity

Anything of value intended to benefit the giver more than the receiver; something given to a person because of that person's position or authority.

Law Enforcement Code of Ethics

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.

Judge

Authorized to preside over the courtroom and decide questions of law brought before the court.

Officer Certification

Be at least 19 years old Be a US citizen High school graduate or equivalentHave processed fingerprints on file with employing agency Have passed a physical examination by a doctor Have good moral character as determined by background investigation Submit an affidavit attesting to compliance Have satisfactorily completed a commission-approved course of basic recruiting. Have satisfactorily passed a state examination in the respective specialty Not have been convicted of any felony or of a misdemeanor which involves perjury or false statements, regardless of withholding of adjudication or suspended sentence Not have received a dishonorable discharge from the Armed Forces

Professionalism

Behavior that demonstrates good character and is marked by pride in self and career.

Division of Alcoholic Beverages and Tobacco (ABT), Department of Business and Professional Regulation

Conducting license discipline investigations, providing guidance, direction, and leadership to licensees. Conducting criminal investigations pursuant to alcohol and tobacco laws and statutes. Determines the need for using extraordinary emergency suspension powers when a business licensed by ABT has become an immediate danger Florida's citizens.

Bribery

Corruptly give, offer, or promise to any public servant, or if a public servant requests, solicits, accepts, or agrees for themselves or another anything not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of duty, or in performance of a public duty.

County

Enforce county ordinances and state laws within the county

Federal

Enforce federal laws across state lines and within the states

Local or municipal

Enforce ordinance of the municipality as well as state laws within their jurisdiction

State

Enforce state laws within the state

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

Enforces federal laws and regulations relating to Alcohol, Tobacco, Firearms, and Explosives, and acts of arson.

Perjury

False statements that a person makes under oath but does not believe to be true.

Evaluation and Treatment Centers

First stop when entering the prison system. Deal with alcohol/drug abusers or mentally ill offenders.

Florida State Court System 4 levels

Florida County Courts, FLA.Circuit Courts, FLA. Court of Appeals, FLA. Supreme Court of the U.S

Court of Appeals

Formerly known as the Circuit Court of Appeals. Make decisions on appeals from lower federal courts which are subject to review in the U.S. Supreme Court.

The Equal Employment Opportunity Commission (EEOC)

Governmental agency that enforces compliance with the Civil Rights Act (Title 7).

U.S. Immigration and Customs Enforcement (ICE)

Handles all immigration laws (Immigration and Nationality Act and other related provisions of the U.S. code), including violations, enforcement, terrorist financing, money laundering, smuggling, intellectual property rights, protective services for federal agencies, and customs intelligence.

Florida Supreme Court

Highest court in Florida. 7 Judges appointed by the governor. Hears cases including final orders imposing death sentences and appeals from lower state courts.

Supreme Court of the U.S.

Highest court in the country and the chief authority in the judicial branch. Hears appeals from the decision of lower federal courts and state supreme courts. Resolves issues of constitutional and federal law. Stands as the ultimate authority in constitutional interpretation, and its decisions can only be changed by a constitutional amendment. Judicial Review - Most important responsibility is to decide cases that raise questions of constitutional interpretation. Decides if a law or government actions violates the constitution. One of 3 branches of the US federal government. Enables the court to invalidate both federal and state laws if they conflict with the interpretation of the Constitution.

Perception

Impression in a person's mind of an individual, a group or people, or events based on experiences, biases, beliefs, assumptions, and observations.

The Court System

Includes Local, county, state, and federal courts. State judges are elected by the Governor. President appoints federal judges. Federal courts are the highest in the U.S. Jurisdiction - the type of cases in which the court can make decision (general and limited jurisdiction). Federal courts only hear violations of federal laws, including constitutional violations. State courts hear violations of state law.

Communication

Includes both vertical and lateral communications within the organizational structure.

Vertical Communication

Information from the chief executive officer that flows down through the supervision levels to the lowest levels of the organization. Information that flows from the lowest to highest levels is also important.

Lateral Communication

Information that travels across the same level of the chain of command. Ranks such as lieutenant, captain, and higher are considered command levels.

Department of Agriculture and Consumer Services

Inspects all agricultural products that pass across the borders of Florida. Includes food products, aquacultural and agricultural products, livestock, and plant materials. Investigates consumer fraud, especially in the areas of telemarketing and vehicle repair. Investigates criminal cases concerning the theft of farm equipment and livestock.

Department of the Treasury IRS

Investigates potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law.

Misuse of Position of Authority

It is a felony to willfully, knowingly, and without authorization, access or allow access to any computer, computer system, or network. If an officer divulges privileged information for non-law enforcement purposes, they could face agency and CJSTC disciplinary action.

Juvenile Assessment/Detention Center

Juveniles are taken for processing and possible pretrial detention. Check agency policy and procedures for selecting the proper detainment center for juveniles in their district.

Quid Pro Quo

Latin term, meaning something for something in return

Civil Processing

Law Enforcement's assistance to the court system, which can include serving subpoenas, enforcing eviction notices, and providing court bailiffs.

Any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

Law enforcement officer

There are 4 levels of law enforcement agencies within the United States

Local or municipal, county, state and federal

Prisons (Federal and State)

Maintained by federal and state governments for convicted felons.

Clerk of the Courts

Maintains files and official records and issues subpoenas. Elected in each county. Deputy clerks are appointed to assist judges in court paperwork and proceedings.

Court Reporter

Makes a record of the proceedings. Not all proceedings are recorded. Some may have voice or audio recording; others have written transcripts or merely notes from a court clerk.

Consequences of Sexual Harassment the officer's agency may impose internal disciplinary action

Mandatory retraining,leave without pay,loss of rank,termination,The CJSTC could revoke the officer's certification. If a lawsuit is filed, the courts may impose monetary damages. In a criminal case, the officer could face imprisonment.

Florida Office of the Attorney General

Medicaid Fraud Control Unit - Investigates fraud committed by health care providers and the abuse, neglect, and exploitation of the elderly, ill, and disabled resident of healthcare facilities. Economic Crimes - Responsible for investigating all multi-circuit violations of the Florida Deceptive and Unfair Trade Practices Act. Works with the Federal Trade Commission when investigating national companies.

To become certified

Meet all minimum requirements and standards-complete the approved basic recruit training-pass the state officer certification examination-Become actively employed with a law enforcement agency in an auxiliary, part-time, or full-time sworn officer position.

Drug Enforcement Administration (DEA)

Mission is to enforce the controlled substances laws and regulations of the U.S. and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances in the domestic and international markets.

Florida Department of Law Enforcement (FDLE), www.fdle.state.fl.us

Mission is to promote public safety and strengthen domestic security by providing services in partnership with local, state, and federal criminal justice agencies to prevent investigative, forensic, and protective services in several key investigative focus areas: Major drug crime, violent crime, child predator cybercrime, public integrity, fraud/economic crime and domestic security. In addition, it supports the criminal justice standards and training commission in the establishment and oversight of criminal justice officers, standards, and training.

U.S. Postal Inspection Service

Mission is to protect the U.S. Postal Service, its employees, and its customers from criminal attack and to protect the nation's mail system from criminal misuse.

United States Marshal Service

Mission is to protect the federal courts and ensure the effective operation of the judicial system. Provides protection for the federal judiciary, transports federal prisoners, protect endangered federal witnesses, manages assets seized from criminal enterprises, and pursues and arrests federal fugitives.

The Department of JusticeFBI

Mission is to uphold the law by investigating violations of federal criminal law to protect the U.S. from foreign intelligence and terrorist activities. Provides leadership and law enforcement assistance to federal, state, local, and international agencies.

Discrimination

Negative behavior toward a person or group that is based on color, race, sex, age, religion, ethnic and national origin, handicap, and/or marital status.

Misuse of Position of Authority

No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform their official duties, to secure a special privilege, benefit, or exemption for themselves or others.

Law enforcement Oath of Honor

On my honor, I will never betray my badge, my integrity, my character, or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community, and the agency I serve.

Disciplinary Action- The commission may take action against an officer's certification if the officer does any of the following-

Pleads nolo contendre, guilty, or is found guilty of any felony -pleads nolo contendre guilty, or is found guilty of any misdemeanor involving perjury or false statement-Fails to maintain good moral character-Commits any act constituting a felony offense, regardless of criminal prosecution-Commits any act constituting any of a specified group of serious misdemeanor offenses, regardless of criminal prosecution-Commits any principal, accessory, attempt, solicitation, or conspiracy, pursuant to chapter 777, Florida Statutes, where they would have been a felony offense had the crime been committed or completed-Commits any act in any jurisdiction other than that state of Florida, which if committed in the state of Florida, would constitute a felony, any of the specified misdemeanors, or a variation of the statutes.

Municipal Law Enforcement Agencies

Police Departments - Enforce laws within their jurisdiction, Public Safety Departments - Combine police, fire, and EMS

Prosecutor

Presents the government's case. Each court has its own. In federal court, the U.S. Attorney's Office serves this function. Each federal district has its own U.S. Attorney and Assistant U.S. Attorney. In Florida, the prosecuting office is the Office of the State Attorney. Each judicial circuit has its own state Attorney and Assistant state Attorney. The state attorney files formal charges in criminal cases.

United States Federal Court System United States District Courts

Presided over by U.S. district judges who are assisted by magistrates. Magistrates are appointed by the district judges. Magistrates are Responsible for issuing warrants, making pretrial motions, and presiding over some civil cases, misdemeanor trials, petty cases, and preliminary hearings. Scope includes all federal codes (criminal, civil, and administrative) in all 50 states, U.S. territories, and the District of Columbia.

Ethical Behavior

Principled, value-based decision making, practiced daily. An officer's past environment, coworkers, home life, and time in the academy are all influences on their ways of problem solving.

Values

Principles, standards, or qualities considered worthwhile or desirable. Core beliefs or desires that guide or motivate one's attitudes and actions and define things we want most.

Florida Highway Patrol (FHP), Department of Highway Safety and Motor Vehicles (DHSMV)

Promotes a safe driving environment through proactive law enforcement, public education, and safety awareness. These practices and values of courtesy, service, and protection help the FHP reduce the number and severity of crashes in Florida, preserving life and property.The Florida Highway PatrolCommercialVehicleEnforcement office performs safety inspections on commercial vehicles and enforces traffic laws.Focuses on commercial motor vehicle violations and passenger vehicle interactions with large truck.

The Department of Homeland Security United States Secret Service

Protects the President and Vice President and their immediate families, the President and Vice President-elect and their immediate families, former Presidents and their wives, the widows of former Presidents until death or remarriage. Minor children of a former President until they reach 16, and visiting heads of foreign states or governments and their spouses. Detention and arrest of anyone committing any offense against the laws of the US related to coins, currency, stamps, government bonds, checks, credit/debit card fraud, computer fraud, false ID crimes, and other obligations or securities of the U.S.

Corrections County and Municipal Holding Facilities

Provide a place for detainees while booking procedures are completed or until they can be transported to a county jail.

Defense Attorney

Represents the defendant's case. Either hired, a public defender, or themselves.

Florida Department of Environmental Protection (DEP)

Responds to environmental disasters.

Court Administrator

Responsible for day-to-day administration of a court system. Arranges facilities and scheduling and facilitating the interaction of the court system with other components of the criminal justice system.

Corrections

Responsible for enforcing punishment as defined by the court system

The court system

Responsible for interpreting laws

Law Enforcement

Responsible for the enforcement of and maintaining civil order.

Ethical Principles

Rules of conduct derived from ethical values. Honesty is an example

Customs and Border Protection (CBP)

Safeguards and protects the sanctity of the U.S. borders.

County Law Enforcement Agencies

Sheriff's Office, Sheriffs are elected in countywide elections. Enforce laws in unincorporated areas of the county, the county jail, and civil processing.

Rank Structure

Sherriff or Chief of Police ,Undersheriff or chief deputy, deputy Chief of Police ,Colonels, Majors, Captains, Lieutenants, Sergeants, Corporals, Deputies or Officers

Ethics

Standard of conduct based on moral duties and virtues that are derived from the principles of right and wrong. Indicate how a person should behave

Florida Department of Financial Services

State Fire Marshal - The Bureau of Fire and Arson Investigations is the law enforcement branch of the Division of State Fire Marshal. Investigates possible criminal activities related to fire. Division of Insurance Fraud - Investigates possible criminal activities related to the insurance industries (life, health, title, worker's comp.)

Bias

Strong belief or feeling about a person, group, or subject, whether positive or negative, that is formed without reviewing all available facts.

Probation, Parole, and Community Control

Supervise the enforcement of specific restrictions on individuals who may have received a suspended sentence after conviction or may be on parole. Part of a community-based correctional system. Probation - Sentence placing a person under the supervision of a probation officer for a specified length of time instead of confinement. Parole - The release of an inmate from a correctional institution prior to the conclusion of the inmate's court-imposed sentence. Community Control (House Arrest) - A form of closely monitored community supervision and more restrictive than probation or parole.

Disciplinary Action

Tests positive for controlled substances-Commits an act of excessive use of force under color of authority-Engages in sexual harassment involving contact or misuse of official position-misuses the official position-engages in sex while on duty-has unprofessional relationships with an inmate, detainee, probationer, parolee, or community controlee, has written or oral communications that is intended to facilitate conduct which is prohibited by commission rule, engages in any physical contact not required in the performance of official duties that is normally associated with the demonstration of affection or sexual misconduct.-Makes false statements during the employment process-Subverts or attempts to subvert the officer certification examination process-subverts or attempts to subvert the CJSTC-approved training examination process or an employing agency's examination process

Delegation of Authority

The granting of power by the person with authority to another person. Occurs on every level of command. Knowing who has the authority to make decisions and who has the responsibility for the follow-through is the foundation of an effective organization.

US Coast Guard

The nation leading maritime law enforcement agency with a broad, multi-faceted jurisdictional authority. Mission is primarily in the areas of boating safety, drug interdiction, live marine resources, alien migrant interdiction, and response to vessel incidents involving violent acts or other criminal history.

Law Enforcement Officer's Bills of Rights

The officer under investigation must be informed of the nature of the complaint, the identity of the complaint, and must have the opportunity to review all evidence prior to interrogation- conducted at a reasonable hour, preferably while the officer is on duty- take place at the office of the command-The officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation- the interrogating officer, and all people present during interrogation-All questions directed to the officer during interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the officer under investigation-Interrogation sessions shall be limited to reasonable amounts of time-the officer under interrogation may not be subjected to threats or coercion-The interrogation must be recorded-The officer under interrogation has the right to counsel.-Whenever an officer is subject to disciplinary actions, he or she has the right to address the interrogation findings before discipline is imposed.-If a law enforcement agency does not follow any of the above provisions, the officer should follow procedures outlined in section 112.534,,FS.

Chain of Command

The order of authority within an organization. Provides the links of authority and responsibility that join one level of an organization to another. Insubordination - The failure to follow orders from superiors in the chain of command. If an order appears to violate agency policy, it must still be followed, if later found to be wrong, the responsibility is on the issuing supervisor. An order known to violate federal, state, or local law must not be carried out, but be sure or you'll be charged with insubordination.

Personal Values

These shape a recruits behavior in the academy. Not the best values for making ethical decisions as an officer because they are not universal. Examples are attitudes about work, courage, honesty, fairness, friendship, trustworthiness

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.A victim can be a third party affected by the conduct such as someone overhearing a conversation.

County Jail

Used for booking and temporary detention of defendants awaiting trial or disposition on federal or state charges and of convicted offenders sentenced to short-term detention (1 year or less)

Florida Fish and Wildlife Conservation Commission (FWC)

Vital responsibility of providing wildlife and marine law enforcement services along more than 8,400 miles of Florida's saltwater coastline and 37 million acres of land and fresh water.Enforce federal wildlife laws. Patrols state forest and recreation lands, greenways, and trails. Enforces environmental crimes (not disaster response) and aquaculture violations.

Delegation of Authority

Whoever is in charge, the consequences of everything that happens within the organization rests on one person. To effectively manage an organization, the person in command needs to assign decision making authority to those under their command.

The commission may take disciplinary action against an officer's certification in keeping with an established set of penalty guidelines.

Written reprimand -probation of up to 2 years (with or without mandatory retraining or counseling)-suspension of up to 2 years (with or without mandatory retraining or counseling)-revocation of certification

Under Florida law, the commission must revoke an officer's certification if they are

convicted, pleads guilty or nolo contendre, or is found guilty of any felony offense, regardless of withholding of adjudication, or suspension of sentence.

Established under the Civil Rights Act of 1964, Title 7

it is unlawful for employers to discriminate in the workplace. Savings Bank v. Vinson 1986

The 3 main components of the criminal justice system are

law enforcement, court system, corrections

Assumption

notion, statement, or belief about a person, group, or event that may or may not be factural.