Chapter 7 Flashcards
Employees will not give statements, formal or informal, written or oral; depositions; documents or reports (except as provided under Florida Statutes, Chapter 119, Public Records); or respond or appear at the request of any attorney, insurance adjustor, or their representatives unless a subpoena has been served on the employee or has been received by the Department, EXCEPT…
when requested by the County Attorney or any other attorney acting on behalf of Miami-Dade County. In addition, requests from the State Attorney’s Office for any documents or reports will not require the issuance of subpoena.
When an employee is requested to give a statement or to appear, WITHOUT a subpoena having been served by the County Attorney of a county other than Miami-Dade, or by another law enforcement agency, WHAT SHALL THE EMPLOYEE DO?
The employee shall immediately notify the Police Legal Bureau. The Police Legal Bureau shall review the request and, if appropriate, will grant the employee authorization to make the statement or appear without a subpoena.
who will employees immediately notify upon subpoenaed to testify for the defense?
their supervisor and the prosecutor handling the case.
what are the authorized exceptions shall employees communicate information which might assist persons suspected of or charged with criminal acts?
- Employees may communicate information to appropriate departmental employees or the State Attorney’s Office (SAO) that would exonerate individuals suspected or charged with a criminal act.
- Employees may communicate information that would assist in rehabilitation of convicted persons.
- Employees may present testimony during legal proceedings and while under oath.
Police Officers will be permitted to carry their weapons in courtrooms within the Eleventh Judicial Circuit, with exception of which court?
the Juvenile Justice Center
what are the procedures to obtaining an arrest warrant on weekends, holidays, and after business hours?
a. The concerned officer shall contact an on-call ASA via the Communications Bureau Shift Commander for review of the case.
b. The ASA will contact an on-call judge and advise his position concerning the case.
c. The concerned officer will prepare the affidavit and warrant.
d. The concerned officer will present the documents to the on-call judge for execution.
e. The concerned officer will hand carry the warrant and affidavit to Warrants Bureau for processing before service.
TRUE OR FALSE:
John or Jane Doe warrants will be initiated without adequate identifiers to differentiate between possible suspects; e.g., subject’s street name, physical description, or residence address.
FALSE
John and Jane Doe warrants will be held at the Warrants Bureau awaiting execution for a maximum of SEVEN working days. If not executed within this time, the warrant is forwarded by the Warrants Bureau to the Circuit Court Clerk’s office for cancellation.
FALSE
FIVE WORKING DAYS
How do you add additional felony charges for a subject who’s already in custody?
for charges when probable cause exists, additional felony or charges may be placed against a subject in custody
by preparation of a Complaint/Arrest Affidavit reflecting the attendant circumstances and probable cause and delivered the A-form to the booking officer at the facility where the defendant is incarcerated
How do you add additional misdemeanor charges for a subject who’s already in custody?
The Complaint/Arrest Affidavit will be delivered to the booking officer at the facility where the defendant is incarcerated if the crime was committed in the presence of the officer or falls under one of the statutory exceptions enumerated in the Florida Law Enforcement Handbook.
what must an officer explain why issuance of a warrant is more appropriate than a summons?
The officer must be able to show that certain offenses may continue; that the defendant has indicated in some manner that he will not honor a summons; that the defendant’s extensive criminal past necessitates immediate concern; or any facts or circumstances which merit consideration.
Filing information for a summons or warrant is the prerogative of the SAO. Final determination of issuing a summons or a warrant is the prerogative of the issuing judge
If the Complaint/Arrest Affidavit does not contain sufficient information to establish probable cause for detention or if errors are evident, the arresting officer will be notified by the Court Services Bureau to appear before the designated judge for a pre-detention hearing. The concerned officer will appear within how long with the information necessary to proceed with prosecution?
72 hours
If the Complaint/Arrest Affidavit does not contain sufficient information to proceed with prosecution,
the officer will be notified, in writing, by the SAO. If the concerned officer fails to appear and correct deficiencies within how long the SAO will cease further action on the case.
seven calendar days
TRUE OR FALSE
An officer may request personal service of a summons to a traffic offender when the speedy trial expiration date is five days or less.
TRUE
What crime that do not qualify for an Affidavit Prefile?
Battery on a Law Enforcement Officer, Resisting Arrest With Violence, and any qualifying charges that are accompanied by misdemeanors involving civilian victims
