Legal Guidelines
An arrest for Breach of Peace based strictly on language requires that an officer must observe the suspect using what?
"Fighting words" for example - yelling "fire" in a crowded building
As it relates to Forfeiture: A spouse having no knowledge or involvement in the criminal activity cannot be penalized. This is referred to as what?
"Innocent victim" defense
The most minimal intrusion an officer can make is a request for information. This can be done as a what?
"Public service"
The second more instructive contact with a citizen is based upon the common law right to inquire. Here, an officer can interfere with a citizen to maintain what?
"Status quo"
Civil service by mail is generally not permitted except in small claims of how much or less?
$2500
Failure to serve a party within how long after the filing of a civil action will result in dismissal of the action?
120 days
When serving a civil paper how old must the resident be who is legally served?
15 yrs old or older
When a LEO makes a lawful stop, he can detain a suspect for a brief time to investigate criminal activity. This brief time is considered to be no longer than:
15-30 minutes - Temporary investigative detention
What is the speedy trail period for Felonies?
175 days
A person charged with a non-criminal traffic violation (citation) shall be brought to trial in how many days after date of service?
180 days
Illinois v. McArthur states a LEO can detain a person to obtain a S/W for how long?
2 hours
Time frame that a Repossession must be reported to a LE agency?
2 hours after repo
A principal May arrest his surety within how long from the date of forfeiture?
2 years
Within how long of arrest or custody must a person be informed of the crime for which they are charged?
24 hours
Courts adhere to how many day rule of thumb when issuing a search warrant?
30 day - once probable cause is established QUICKLY apply for a warrant
Formal charges must be filed within how many days from the arrest date or date of service of warrant/capias?
30 days
When an officer handcuffed defendant, patted him down for weapons and placed him (still handcuffed) in the back of a patrol car, how long constituted a Defacto Arrest?
30 minutes
A defendant may not remain in custody beyond how many days without being formally charged?
40 days
A defendant in custody shall have a non-adversary probable cause hearing within how long after his arrest?
48 hours
A defendant is incarcerated and fails to post bond and requests a trial by jury, the defendant shall be transferred within how long to the jail of the court that will provide his trial?
5 days
How many days does a tenant have to respond to a Complaint for Eviction?
5 days
A subpoena can be mailed in certain instances as long as it is mailed how many days prior to the date of the witness' required appearance?
7 days prior
What is the speedy trail period for misdemeanors?
90 days
After a break of how long in custody may police attempt to once again initiate questioning?
After a 14 day break the Edwards rule no longer applies
What is the most intrusive action a LEO can make?
An arrest
4 acts although incriminating have not been held to be within 5th amendment protection:
Blood sample Particular clothing Voice exemplar Handwriting examplar
An indictment is mandatory in what type of crimes?
Capital Felony offenses
Sometimes the police may act in other ways to help the public. This may be to render assistance to individuals in need or to provide protection for the rights and property of members of the general public. This is known as what?
Caretaker Doctrine
What term is known as "the automobile exception"?
Carroll Doctrine
What license (issued by the Dept. of Agriculture and Consumer Services) must a recovery agent have?
Class E or Class EE
3 levels of contact between citizens and LE
Consensual encounter Reasonable suspicion Probable cause
What is questioning initiated by LEO's after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way?
Custodial Interrogation
What case law governs the fact that the accused at any stage of an interrogation asks to consult with an attorney or refuse to answer questions?
Edwards Rule
From where did the Search Warrant originate?
English Common Law in Article XXXIX of the Magna Carta 1215
LEO can use truck or deception to enter a home to make an arrest - T or F?
False
What action by a suspect may be sufficient to establish reasonable suspicion justifying a pay down for weapons?
Furtive movements
The term associated with someone who occupies and issues a premises without any sort of agreement?
Gratuitous Guest
The accused may waive effectuation of rights proving the waiver is made with what 3 elements?
Knowingly, Intelligently, and Voluntarily
What is the requirement for state laws to be enforced on private roads controlled by a HOA?
Majority vote from HOA board
Federal Law only allows wiretaps for what type of crimes?
Murder, kidnapping, drug crimes, and crimes "dangerous to life and limb" under Florida Law
Is an officer's spotlight the same as emergency lights in regards to seizures?
No
Is there a constitutional requirement that police notify a juveniles parents prior to questioning?
No
Must LEO tell people they are free to leave a traffic stop before asking permission to search?
No
Must a LEO tell people they have a right to refuse permission to search?
No
Does search incident to arrest apply for a Marchman Act?
No - Marchman Act is not a criminal arrest
Can the results of a warrantless search of a person or his residence be made. By his PO be used in a criminal proceeding?
No- limited only to parole proceedings
Is there a crime scene exception to a warrant requirement for a "murder scene"?
No. Searching for evidence must cease after a crime scene has been established.
Does intoxication (while alert and coherent) at the time of making admissions invalidate the statements?
No. Statements made while intoxicated are admissible as long as they were made voluntarily while aware of surroundings
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 what?
Plain feel
There is probably no area which causes more confusion for LEOs than that of a street encounter where the LEO acts on less than what?
Probable cause
What protects all but the plainly incompetent or those who knowingly violate the law?
Qualified immunity
What is one of the most common pitfalls in the area of reasonable suspicion and probable cause?
Timing of an officer's arrest
What electronic surveillance is subject to very strict compliance with a valid search warrant?
Wire tapping
Are LEOs entitled to Stand Your Ground?
Yes
Can failure to make a diligent search when scribing on a warrant invalidate an arrest?
Yes
Does driving in an erratic manner in and of itself justify a stop?
Yes
Is a warrant required for an in-home arrest of a subject who has set up temporary residency at a motel or hospital room?
Yes
Is evidence admissible when an unMirandized statement leads police to physical evidence?
Yes
May a LEO use trick or deception to convince a subject to leave his home to arrest him?
Yes
May a suspect be arrested if they refuse to identity themself after a stop based upon reasonable suspicion?
Yes
When investigating L&P do you have to Mirandize before providing opportunity to dispel alarm?
Yes
Does a LEO need a S/W to enter a 3rd party home to arrest a subject?
Yes (absent consent)
