Legal Bulletin Flashcards
(43 cards)
During a Terry Stop-if suspect is obeying all commands-Can the individual be arrested for Resisting or opposing an officer without violence pursuant to Section 843.02, Florida Statutes for refusing to tell you who he/she is?
No
What happens to evidence when an officer unlawfully stops a motorist solely to determine whether he or she is driving with a suspended license?
The officer’s post-stop observation of the defendant behind the wheel must be suppressed.
If a driver cannot provide his/her driver’s license, then Section 322.15(2) F.S. requires the offender to:
Imprint his/her fingerprint upon the citation or the officer can collect the fingerprints electronically. Officers must make sure fingerprints are provided by the violators.
When completing an arrest affidavit, the officer must include inculpatory and what other kind of evidence?
Exculpatory
When a suspect invokes his right to counsel, the invocation must be:
clear and unambiguous
ALCOHOL DELIVERIES:
Alcoholic beverage license is consent by the vendor that _______that are owned or leased by the vendor shall always be subject to inspection and search _____ a search warrant for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied
Vehicles
Without
Do you need a motorcycle endorsement to operate an autocycle? Do you need a seat belt?
Motorcycle endorsement-NO
Seat belt=YES
A person who willfully violates an injunction for protection against exploitation of a vulnerable adult commits a:
Misdemeanor of the first degree
Two or more prior convictions for violation of an injunction or foreign protection order against the same victim – then it’s a 3RD DEGREE FELONY)
SB 1392 Requires that in each judicial circuit WHO create a prearrest diversion program and develop its policies and procedures?
- public defender,
- the state attorney,
- the clerks of the court
- representatives of participating law enforcement
The term “incident of mass violence” means an incident
in which ________ not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another.
4 OR MORE PEOPLE
Are the addresses of victims of mass violence exempt from public records requests?
YES
Is the perpetrator of mass violence exempt from public records request?
NO
LEO who are serving an ex parte order for involuntary examination may seize and hold a firearm or any ammunition the person possesses at the time of taking him or her into custody if the person poses a potential danger to himself or herself or others AND __________
Has made a credible threat of violence against another person
When should Firearms or ammunition which have been seized under FSS 394.463 must be made available for return?
No later than 24 hours
or
No longer subject to involuntary examination
or
Has been released/discharged from treatment
Can a person who has been adjudicated mentally defective or been committed to a mental institution from own or possess a firearm until certain relief is obtained?.
No
Community action treatment teams shall provide community-based behavioral health and support services who (there are 3)?
- Children from 11 to 13 years of age
- Adolescents
- Young adults from 18 to 21 with serious behavioral health conditions who are at risk of out-of-home placement as demonstrated by specified criteria
What is the consecutive number of days used to determine residency for purposes of sexual predator or sexual offender registration?
3
Trespass upon the operational area of an airport a THIRD degree felony if the offender trespasses with the intent to:
- injure another person
- damage property
- impede the operation or use of an aircraft, runway, taxiway, ramp, or apron area,
MUST be legally posted
Posttraumatic stress disorder suffered by a first responder is a:
Compensable occupational disease
A person is prohibited from ______, ______, or _______ a threat to conduct a mass shooting or an act of terrorism in a writing or other record in any manner that would allow another person to _________
making
posting
transmitting
view the threat.
If a person is staying with a homeowner for a “brief” time, can LEO force them to leave or do they need an eviction process?
LEO can force them to leave or face trespass
The following 4 things deem someone as a “transient occupant”
- No ownership interest, financial interest, or leasehold interest
- No utility subscriptions for this property.
- The person cannot produce documentation, correspondence, or identification cards sent or issued by a government agency, which show that the person used the property address as an address of record with the agency within the previous 12 MONTHS
- Pays minimal or no rent for his or her stay at the property.
Can LEO verify through CCC whether the individual has a Medical Marijuana ID and the type and amount of medical marijuana the person is authorized?
Yes
True of False-The person must have his/her Medical Marijuana Patient or Caregiver card in his/her possession.
True
