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Training Bulletins #2 Flashcards

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1
Q

What are the two original charges that allows officers to make a non-view arrest for a violation of pre trial release?

A

Domestic Violence and Dating Violence - In any other circumstance for violations of pretrial release the officer must contact the pretrial release personnel in order to revoke the offenders pretrial release status

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2
Q

What is the IPA and what protection does it allow?

A

Incapacitated Persons Act - Allows medical personnel to force medical attention on patients who for whatever reason (intoxicated, mental or physical state of being) appear to be unable to make an informed decision concerning their own medical treatment. The IPA offers immunity from all liability in these situations.

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3
Q

When are police officers covered under the IPA?

A

Police officers must receive directions only from a physician (OFD’s medical director or an ER/treating physician) To restrain patients who refuse medical attention in order to be covered pursuant to the IPA.

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4
Q

Are officers allowed to use any force necessary to subdue an incapacitated person?

A

No- Only reasonable force shall be utilized in order to subdue an incapacitated person for medical treatment. unreasonable force is not protected under the statute. Officers should use their best judgment to determine the reasonable force necessary to restrain a patient when no crime has occurred and is being detained only for the purpose of medical examination or treatment

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5
Q

What is a gratuitous guest?

A

One who occupies and uses certain premises for some indefinite period of time without being a party to a written or oral rental agreement and without making certain identifiable or periodic payments in exchange for the right to occupy those premises.

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6
Q

When can a gratuitous guest be removed from property?

A

A gratuitous guest can be removed from the premises or property for any reason and with police assistance if necessary, at the request of the owner or possessor (tenant) of the premises.

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7
Q

Are recovery agents allowed to carry a weapon or firearm while performing a recovery if licensed to carry a concealed weapon or firearm in the state?

A

No- a recovery agent who is licensed by the state of Florida to perform repossessions may not carry a concealed weapon or firearm under any circumstance while on private property performing repossessions.

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8
Q

In regards to the fourth amendment what is a search?

A

Any meaningful interference with a privacy or property interest

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9
Q

In regards the fourth amendment what is a seizure?

A

The seizure occurs when the government takes possession of a person or property

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10
Q

What is the level of suspicion required to justify a governmental intrusion of an area or interest protected by the fourth amendment?

A

Probable cause

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11
Q

What is the definition of probable cause?

A

Probable cause has no absolute definition. It is a common sense determination based on the totality of the circumstances known at the time that lead a reasonable officer to believe that an offense has been, or is being, committed, or that contraband is in a place to be searched. Probable cause is a conclusion based on identifiable facts and evidence.

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12
Q

Regarding drug Warrants how many days does an officer have to obtain a warrant prior to the probable cause being considered stale?

A

30 days

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13
Q

When can officers resort to forced entry when serving a search warrant?

A

Only after denied entry or if other exigencies are present at the time of entry. No knock entries are justified only where there is reasonable suspicion to believe that knocking and announcing the police presence and purpose would be dangerous or futile.

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14
Q

True or false. The placing of items into a dumpster without the owner’s consent is a theft of sanitation services and therefore is a violation of “theft” as provided in Florida State statutes

A

True

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15
Q

Is it theft of sanitation services if items such as mattresses etc. are placed next to a dumpster?

A

No. It’s required that the items are placed in the dumpster. However, charging the offending person with littering is appropriate.

Note: Violation of city ordinance 43.75 requires the officer to notify the offender that they are in violation of the ordinance if they do not properly dispose of the items. If they then refuse to remove the items, they may be arrested or issued an NTA. Florida statutes 403.413 (4) prohibits dumping and provides for the arrest of the person if the amount of litter exceeds 15 pounds or 27 cubic feet

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16
Q

Is it an arrestable offense for skateboarding on city streets or roadways?

A

No. City ordinance 43.73(2)(a) prohibiting skateboarding on streets by arrest is no longer imposable. A person skateboarding on a street or roadway should be issued a uniform traffic citation for violating Florida statute 316.2065 (12)

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17
Q

A person skateboarding on public property owned by the city (E. G., City sidewalks, City Hall, OPH, city parks, etc.) or other governmental entity (E.G., Orange county courthouse) may be issued an NTA or arrested For violating 43.73 (2) (a), Orlando city code. (T/F)

A

True

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18
Q

Can a person skateboarding on private property without the owner’s consent be issued and NTA or arrested for violating 43.73 (2)(B) Orlando city code?

A

Yes. This prohibition applies to all private property located within the city limits, as well as downtown Orlando. An NTA should be issued in lieu of arrest absent extenuating circumstances

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19
Q

Can juveniles found violating 43.73, Orlando city code (skateboarding) be issued NTA’s?

A

No. Prior to transporting a juvenile arrested for a skateboarding violation to the juvenile assessment Center, an officer may attempt to contact the juvenile’s parent\guardian. If they were available or willing to pick up the juvenile from the scene a juvenile release agreement may be filled out at the scene. If the parent or guardian is unwilling or unavailable to pick up the juvenile from the scene, the juvenile should be transported to the JAC where a release agreement may still be completed if contact is made with parent or guardian.

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20
Q

What is the definition of a business whose principle business is the sale of alcoholic beverages?

A

Any business whose gross sales of alcoholic beverages compromises 51% or more of the total gross sales of food, nonalcoholic beverages and alcoholic beverages for on premises consumption during normal business hours

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21
Q

True or false? Package sales are permitted on licensed premises between 7 AM and 2 AM the following day Monday through Saturday. Package sales are permitted on Sundays between noon and midnight.

A

True

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22
Q

Do the same statute restrictions on commercial establishments whose primary purpose is the sale of alcoholic beverages apply to themepark complex or an entertainment\resort complex?

A

No.

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23
Q

What are the crimes that require a victim notification form to be filled out when an arrest is made?

A

Homicide, sexual offenses, attempted murder or attempted sexual battery, stalking, domestic violence

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24
Q

Whose responsibility is it to complete the victim notification form?

A

The arresting officer or the officer completing at large paperwork.

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25
Can a victim waive mandatory notification?
Yes. In these instances the victim, appropriate next of kin, or other designated contact of the victim is to sign the declination on the completed victim notification form.
26
When can an officer assist in the eviction of a non-transient guest or tenant?
Never
27
What two criteria must be established before an officer can assist with an eviction under chapter 509?
Whether or not the establishment qualifies as a "public lodging establishment," and whether or not the guest is a temporary / transient guest
28
What are 5 legal reasons a public lodging establishment may request an officer to assist with evicting a transient guest?
1. Possession / dealing of controlled substances 2. Intoxication, lewdness, profanity, or brawling 3. Language or conduct that disturbs the peace of other guests or injures the reputation of the establishment 4. fails to pay rent at the agreed rental rate by the agreed time 5. fails to check out by the agreed time, unless an extension was granted
29
What is an officer's role in a "lockout" situation at a public lodging establishment?
None, other than maintain the peace. the lockout is legal. Remedies are civil. In rare situations, an officer may enter a unit to remove items of a health-related nature (medications).
30
A girlfriend moves into her boyfriend's apartment and buys groceries and contributes to payment of bills on occasion, but makes no identifiable consistent payment of rent or other expense -- gratuitous guest or not?
Gratuitous guest, unless the sporadic payments were a condition of the living arrangement
31
A person moves in with a friend. He pays the electric bill one month, the cable bill the next month, and the rent another month -- gratuitous guest or not?
Gratuitous guest, unless occupancy was conditioned on payment of those specific bills
32
What are three legal defenses for a person charged with interfering with child custody?
1. Reasonably believed actions were necessary to prevent harm to the child 2. Reasonably believed actions were necessary to protect themselves from DV 3. The child was taken away hat his / her own instigation, without enticement
33
Who is the natural guardian of an illegitimate child?
His or her mother, by statutory presumption. However, custody disputes between unwed parents are civil matters
34
When can a father be arrested for refusing custody of a child to the unwed mother?
Only if the decision to conceal the child was motivated by malicious intent.
35
Failure to honor visitation rights are civil matters that should be referred to the court for contempt proceedings -- T or F?
True
36
If one married parent attempts to conceal a child from the other married parent, is this a criminal act?
Yes, it is a 3rd degree felony, unless one of the 3 statutory defenses applies (health of child, avoid DV, or child left on his/her own)
37
Is violating custody provisions of an injunction a criminal offense?
Not by itself. It would have to meet the statutory elements of interference with custody
38
What conditions must be present before an OPD officer may take action on a Final Notice to Vacate (Writ of Possession)?
1. Notice will bear red stamp with 1/2" lettering and deputy's signature 2. lawful possessor must write SWS indicating they are the lawful possessor, they were given possession of the premises as a result of the same Writ of Possession, evicted party has returned, and prosecution is desired If both are true, Officer SHALL make physical arrest for TPAW
39
Who may invoke a subject's 5th Amendment Rights on his/her behalf?
No one. 5th Amendment rights are personal. They also may not be invoked in anticipation of a custodial interrogation, unless that interrogation is imminent
40
Can you question a suspect after they have invoked their 5th Amendment right to remain silent?
Yes, but only after a "reasonable amount of time" has elapsed (45-90 minutes), and only after re-reading Miranda
41
Do parents have a right to be present during a custodial interrogation of their child?
No. But a child's request to speak to his/her parent prior to an interrogation should be granted, when reasonably accommodated
42
If a parent demands to see a child during a custodial interrogation, what should an officer do?
Stop the interrogation and allow the parent to contact the child. Failure to do so could be interpreted as coercive
43
When does the 6th Amendment right to Representation attach to a defendant?
At booking, arraignment, indictment, or information, whichever occurs first
44
Does a defendant have to invoke his/her 6th Amendment right to Representation? Can someone else do it for him/her?
No one need invoke -- it attaches automatically
45
True or False - There is an absolute right to search all occupants of the premises during execution of a search warrant
False. They can be detained, but searches should be based on the reasonable belief that those persons are connected with illegal activity
46
True or False - There is an absolute right to search all occupants of the premises during execution of a search warrant
False. They can be detained, but searches should be based on the reasonable belief that those persons are connected with illegal activity
47
Does holding onto a driver's license / registration or conducting a Teletype check negate consent to search a person or vehicle?
Not as long as the detention is not prolonged more than is reasonably necessary
48
True or False - a generalized consent to search includes consent to search any unlocked containers therein, like a gym bag, briefcase, or wallet within a vehicle
True
49
In order to claim "exigent circumstances" as a search warrant exception, what two factors must be present?
Probable cause to search and imminent danger of evidence destruction
50
When conducting a search incident to arrest, is an officer authorized to search any unlocked containers within the arrestee's "wingspan" or "lunge" area?
Yes
51
If an officer encounters a subject who appears inebriated, intoxicated, or not in control of his/her physical functions, what is the officer required to do, by statute?
Examine the person for a medic-alert bracelet, necklace, or other visible device identifying a medical disability that would account for the person's actions
52
If a subject takes headlong flight upon sight of an officer attempting to conduct a Terry stop, is that sufficient cause for RWOV charges?
No. While the behavior may give cause for a lawful detention, the officer still must articulate knowledge of police identity and refusal to obey a lawful command (such as, "Stop, Police!").
53
Are "pretext" stops (traffic stops for infractions when the actual intent is to see if any other offense is being committed) legal?
Yes
54
What are five factors to consider when trying to determine whether exigencies exist that would allow an officer to enter the home of an arrestee to effect an arrest?
1. nature of the offense 2. reasonable belief the subject is armed 3. PC to believe the subject committed the crime 4. strong reason to believe the subject is inside 5. likelihood that a delay could cause the escape of the suspect or the destruction of evidence or jeopardize the safety of others
55
True or False -- Consent to search a person includes the groin area (provided the search is by someone of the same gender), but does not include the mouth
False. General consent to search excludes both the groin and mouth. Specific consent must be given for each one
56
Name 3 exigencies that would allow an officer to enter a constitutionally protected area (like a house) to effect an arrest
1. Hot pursuit (once the pursuit stops, so does the exigency) 2. a crime in progress 3. imminent danger of evidence destruction
57
Can a suspect be compelled to participate in any pre-arrest physical lineup?
No. He/she can participate with consent, or the physical lineup can be conducted post-arrest
58
Of the three primary types of lineups, which is the only one with an absolute 6th Amendment right to have counsel present?
The physical lineup, because it is most frequently done post-arrest
59
A victim was sexually battered by an acquaintance. She only knew his first name, but a friend knew him and provided the last name and DOB. Officers used that information to find a DAVID photo of the suspect, and they showed that photo to the victim, who identified the suspect. Is this a good identification?
Yes. Although a photo lineup would have been fine, the single DL photo was acceptable because it was a known suspect, and the photo was used only to confirm his identity
60
With regard to show ups, what is the general rule regarding the amount of time permissible to conduct a show up
The "one hour rule" (up to two hours is probably okay)
61
What are the (5) reliability factors to consider in any identification process?
1. The witness's opportunity to view the suspect 2. The witness's degree of attention during the offense 3. Accuracy of prior description by the witness 4. Level of certainty shown by the witness at the time of identification 5. Length of time between the crime and the identification
62
What is the proper procedure (2 steps) for increasing a bond on an arrestee?
1. Document the reasons for the increase in the charging affidavit 2. Get supervisory approval to increase the bond
63
When must officers complete lab transmittals for FDLE testing of controlled substances?
In all criminal cases except misdemeanor adult cannabis possession cases
64
True or False - When an officer seizes evidence for another officer in a case, the primary officer must obtain a SWS from the officer who discovered the evidence, for prosecution purposes.
True
65
What should an employee do in the event he/she receives a notice for deposition AFTER the scheduled date?
Contact the issuing attorney, explain the situation, and offer to schedule the deposition for a mutually agreed upon time without need for an additional notice
66
Where should notes regarding a subpoena be taken, and how long should they be retained?
Notes regarding rescheduling, excusing, or notification of non-service SHALL be made on the face of the subpoena, including the date, time, and name of the person with whom such communication was made. The subpoena shall be retained until the criminal case is concluded
67
In un-arrest cases, when charges have been filed at-large, speedy trial begins at the time of the initial arrest. What is the proper procedure for notifying the SAO of this?
Place a contrasting piece of colored paper on the very top of the case submission packet indicating that speedy trial is running due to the un-arrest
68
When making a VOP arrest, what are officers required to include in the affidavit, and what do they do with the affidavit (in addition to submitting it to the jail)?
They must include the case number and name of the originating jurisdiction in the affidavit. Officers are encouraged to attach the DOC printout. They MUST fax copies of all VOP charging affidavits to the State DOC, Office of P&P no later than the end of the tour of duty
69
Are confidential informants required to provide SWSs in cases they are involved in?
Yes. They are also required to sign the statement, although their signature should probably be illegible
70
Can defense attorneys ask confidential informants questions about their criminal history during deposition?
Yes
71
What three elements must be satisfied in order for a statement to be admissible under the excited utterance exception?
1. An event startling enough to cause nervous excitement 2. The statement must have been made before there was time to contrive or misrepresent 3. The statement must be made while the person is under the stress of the excitement caused by the event
72
A girlfriend stabs her boyfriend in the chest. He lives, and they break up. A few months later, the same girl stabs her new boyfriend in the chest, and he dies. Is the first crime admissible in the murder trial?
yes, under the "Williams" rule of similar fact evidence. the first crime is used to prove the element of intent, not besmirch the reputation of the defendant
73
In order to charge Tampering with Evidence, what two things must be proven?
1. The Defendant knew a criminal investigation was about to take place 2) The Defendant altered, destroyed, concealed, or removed evidence
74
What level crime is trespass on school grounds?
Second Degree Misdemeanor
75
What level crime is committed by a CCW permit holder who brings a weapon onto a school campus?
Second Degree Misdemeanor
76
Law Enforcement agencies must notify the superintendent of schools when any school district employee is charged in what types of cases?
Any Felony, Any Misdemeanor involving abuse of a minor child, or the sale or possession of a controlled substance. Notification must be made within 48 hours
77
True or False - Bail bondsmen deal with a civil violation of contract
True. Therefore, absent an active warrant for a subject's arrest, officers shall not lend active or standby assistance to the bondsmen
78
Is there an offense of Attempted Battery on an LEO?
No
79
Do Mutual Aid agreements give municipal police officers the same jurisdictional powers as deputy sheriffs?
No. Mutual Aid is intended for emergencies, disasters, and other major law enforcement situations. Voluntary cooperation agreements cannot extend police powers beyond jurisdictional boundaries
80
If a person warns others that police are in the neighborhood, can he be charged with Obstruction?
No. Obstruction requires speech plus conduct
81
Can an individual detained as part of a Terry stop be charged with Obstruction for refusing to provide his/her name?
No
82
If a person is lawfully detained or arrested, and he/she provides FALSE information, what is the most appropriate charge?
False information to a LEO
83
If an off-duty, uniformed officer is escorting someone from the property (no crime), and a relative of that person batters the officer, what is the appropriate charge?
Since the officer is not engaged in a lawful duty--only performing a service for the private employer--the crime would be simple battery. Battery LEO requires the officer be engaged in a lawful duty
84
Can an officer charge someone with Obstruction when the interference occurs outside his/her jurisdiction during hot pursuit, fresh pursuit, or a follow-up investigation?
Yes, because the officer is engaged in a lawful duty in all three cases
85
Can an arrestee be charged with Battery on a LEO for striking an officer in the course of making an arrest for which there is not probable cause?
Yes. The officer is engaged in a lawful duty, presumably acting in good faith. Even if there is no PC for the underlying charge, the LEO was still performing an official duty
86
What level crime is it to knowingly possess or display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver's license or identification card?
It is a Felony, unless the only alteration is the birth date. In that case, it is a misdemeanor. Uttering forged instruments may also apply in these cases
87
If a private investigator has a CCW, is he/she also required to have a Class G license to carry while on duty?
Yes. In those cases, the PI may carry "throughout the state, in any location, while performing services within the scope of the license." He or she must possess the license while on duty
88
Do private investigators have arrest authority?
No
89
Should an officer charge an arrestee with an armed offense (Robbery with a Firearm, Burlgary with a Firearm) and also with Possession of a Firearm in the Commission of a Felony, when the elements of one offense are entirely contained within the elements of the other?
Yes. The SAO will determine the appropriate charges to avoid double jeopardy. An officer should file all appropriate charges permitted by law
90
Define antique firearm
Any firearm made in or before 1918 for which ammo is no longer manufactured in the US and not readily available for trade
91
What is the appropriate charge for a subject found to be carrying a concealed antique firearm without a permit?
Carrying a Concealed Weapon (M)
92
If an antique firearm is used in the commission of another crime, should it be considered a firearm?
Yes, just as if it was a simulated firearm
93
Can convicted felons lawfully possess antique firearms?
No
94
It is lawful for any person over 18 (absent any other restrictions) to possess a firearm inside a vehicle in one of what two conditions?
1. Securely encased | 2. Not readily accessible for immediate use
95
What is the appropriate charge when a person knowingly carries a firearm onto private property in violation of the property owner's restrictions (whether licensed to carry or not)?
Armed Trespass
96
What level crime is Unlawful Display of Law Enforcement Indicia?
None. The statute is not enforceable. Officers should determine whether Impersonating an Officer is relevant
97
What is the preferred method for handling disorderly conduct at public meetings?
Ejection. A Trespass Warning may be issued, and TPAW would apply if the subject returns (should only be for the meeting at hand)
98
What is the penalty for operating a business without a license (or with a license expired more than 12 months)?
City Ordinance violation
99
If an officer encounters a business with an occupational license over 180 days past due, what is the appropriate course of action?
Complete an incident report and forward it to the City Occupational Licensing Office
100
In open container cases, what evidence should be preserved and submitted to Property and Evidence?
The open container AND a sample of the alcoholic beverage
101
True or False - Unauthorized persons found in condemned buildings should be charged with Unauthorized Presence in Unoccupied or Unfinished Buildings
False. They should be charged with Occupancy of a Condemned Building
102
Name eight places where panhandling, whether passive or aggressive, is prohibited
1. Bus or train stop 2. in any public transportation vehicle or facility 3. in any vehicle on public streets 4. in a public park, fairground, or sporting facility 5. within 15 feet of any ATM 6. on private property without consent 7. in a parking lot/garage owned or operated by the city 8. on public property in the Downtown Core District, except within an exempt zone
103
True or False - Panhandling is prohibited between sunset and sunrise, anywhere in the City, including the DCD exempt zones
True
104
When are charitable solicitations allowed?
When the solicitor has a permit. They cannot solicit in any of the prohibited locations
105
True or False - Commercial solicitors must carry a solicitor's ID permit and exhibit it on demand of any LEO or citizen
True
106
Can a LEO make an arrest for Loitering and Prowling if the elements of the offense did not occur in his/her presence
Yes, IF he/she can establish the elements through sworn testimony AND articulate why a delay (to obtain a warrant) might result in escape
107
If an FCIC/NCIC "hit" indicates a subject has a civil arrest order for failure to pay child support, but the subject produces an official receipt and the date of issuance and purge amount coincide with the hit, should an officer make the arrest?
No. If the subject cannot produce an official receipt verifying the purge payment, then an arrest should be made (TB 2105)
108
What is the appropriate charge if a subject intentionally rams an occupied police vehicle with another vehicle?
Aggravated Battery on a Law Enforcement Officer
109
What is the appropriate charge for an arrestee who tells the arresting officer, "If you don't drop this case right now, I'm going to get you and your family. I know where you live."
Corruption by Threat Against a Public Official. There must be specific intent to influence the officer's official actions (drop the case)
110
If a defendant threatens to retaliate against a witness, but never communicates that threat to the witness, and never has any intent to carry out the threat, can he/she be charged with Retaliation Against a Witness?
Yes. This statute only requires that a subject make a threat with intent to retaliate, not that he/she intend to carry out the threat or communicate it directly to the target
111
Does the "castle doctrine" (right to defend oneself) extend to golf carts, carriages, and other non-traditional vehicles?
Yes
112
What level crime is committed by an employee who steals property, valued at $199, belonging to a guest of a public food or public lodging establishment?
Theft by an employee of a public food / lodging establishment, when the property belongs to either the employer or a guest, constitutes a 3rd degree felony, regardless of the value of the property taken
113
If an employee is given property as part of his/her job, but intentionally refuses to return that property when he/she leaves or is fired from that job, what is the appropriate charge?
Theft by embezzlement (aka theft by conversion)
114
What is the maximum duration for a Trespass Warning issued to a subject for City Parks?
One year, unless the underlying reason is sexual misconduct (indefinite)
114
What is the appropriate charge for a person caught siphoning gasoline from a vehicle?
Theft. The threshold for burglary is not met because there is no entry to the vehicle. Same would apply for theft of hubcaps / rims / tires
115
If a subject enters an unfenced back yard and steals a bicycle, what is/are the appropriate charge(s)?
Trespass and theft (depending on value of bike)
116
What is the appropriate charge for a car owner who removes his/her vehicle from a tow yard subsequent to a lawful tow without compensating the tow company?
Grand Theft, 3rd degree, Motor Vehicle
117
Can a minor be prosecuted for engaging in sexual intercourse with another minor?
No
118
What is the appropriate charge for an adult 24 or older engaging in sexual activity with a 16 or 17-year-old?
Unlawful sexual activity (F2)
119
What is the appropriate charge for an adult 21 or older who impregnates a child under 16?
Child Abuse by impregnating (F3)
120
What level of offense occurs when an adult commits sexual battery on a child under 12?
Capital felony
121
If the victim of a sexual offense is between the ages of 12 and 16, what statute is the appropriate charge most likely to fall under?
Lewd and Lascivious Battery / Conduct / Molestation
122
According to statute, what color(s) is/are permitted for brake lights?
Yellow, amber, or red. Tail lights must be red.
123
Does an OPD officer have the right to investigate a traffic crash that occurs inside a gated apartment complex, when the gates are closed?
Yes. A municipal police agency has jurisdiction over ALL traffic crashes that take place within the city limits
124
Can an officer lawfully order passengers to remain in a vehicle during a traffic stop?
No. The Supreme Court has held that an officer can only order passengers to exit the vehicle, absent an articulable reason to detain them
125
Can a BB gun be considered a concealed weapon?
Yes. It can even be considered a deadly weapon, depending on size, shape, material, and manner in which it was used
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