EOT

F.S. 790

Florida chapter that deals with fire arms

Risk protection order

Court ordered temporary restriction of a persons access to firearms

Notice to Appear

Written order issued by LEO in lieu of a physical arrest, requiring a court appearance

Misdemeanor Exceptions

1) carrying a firearm in violation of an injunction

2) Battery

3) Retail Theft

4) Traffic offense relating to crash investigation

5) Unlicensed carry of concealed weapon

6) Disorderly Conduct on premises of establishment

7) Theft from dining out lodging establishment

8) Trespass on school grounds

9) Possession of cannabis less than 20g

10) Stalking

11) Transit fare evasion

12) criminal mischief

13) Trespass on certain properties

14) Act of domestic violence

15) violation of injunction for protection

16) Sexual cyber harassment

Graham v Connor

Officers will be judged under the totality of the circumstances by “what a reasonable officer would have done” without hindsight

Tennessee v Garner

Lethal force can be used against a fleeing subject if they cause an inevitable risk to themselves/public

F.S. 776.05

Florida use of force statute

F.S. 776.051

Florida use of force during arrest statute

F.S. 776.06

Florida definition of deadly force statute

Sovereign Immunity

Any government employee can be sued in a state tort action

Branch that LEO’s fall under

Executive Branch

Torts are part of what law

Civil Law

Due Process

All laws are applied equally

6th Amendment

Speedy trial and to be informed about the nature of charges

8th Amendment

No excessive bail or cruel/unusual punishment

14th Amendment

Guarantees dues process

3rd Degree Felony

5 years / $5,000 fine

2nd Degree Felony

15 years / $10,000 fine

1st Degree Felony

30 years / $10,000 fine

Life Felony

Life in prison / $15,000 fine

Capital Felony

Death / Life in prison

Punishment for attempting to commit crimes

Generally 1 class lower than completing the actual crime

Enhanced Penalty

Higher sentence due to prior convictions

Principal 1st degree

Aiding in any criminal offense

General intent

Willfully commits illegal act without considering the results

4 Elements to a Negligence Charge?

1) A duty to act with care

2) A breach of that duty

3) proximate cause between the breach and the harm

4) Damages

Punitive Damages

Damages intended to punish the defendant

4 standards of legal justification?

1) Mere Suspicion

2) Reasonable Suspicion

3) Probable Cause

4) Proof beyond a reasonable doubt

3 Reasons for a Warrantless Search

1) Plain View

2) Mobile Conveyance

3) Exigent Circumstances

Illinois v Wardlow

Someone being in the area of criminal activity is not enough for reasonable suspicion, but LEO’s don’t need to ignore the circumstances

Whren v US

The subjective reasoning of an Officer for a stop is irrelevant, so long as there is an objectively reasonable justification for the stop.

Sawyer v State

With plain view, an item must be immediately recognizable as contraband in order to allowed as evidence in court

US v Ross

A probable cause search when searching e vehicle includes every part of the vehicle

Hornblower v State

Justifies entering a home without a warrant if there is a detection of noise that sounds like the possible destruction of evidence

Seibert v State

Officers were justified in entering a home because the suspect was about to commit suicide

Georgia v Randolph

Search may not be done by consent of one cotenant if another cotenant is present and objects

Chimel v California

A search incident to arrest includes the arrestees person and the are within the arrestees reach

New York v Bolton

The scope of a vehicle search incident to arrest includes all portions of the vehicle, locked or unlocked

Arizona v Grant

Officers may only search the passenger compartment of a vehicle when the arrestee is unsecured and the passenger compartment is within reaching distance of the arrestee. Or if it is reasonable to believe that the vehicle contains evidence of the crime

Terry v Ohio

May frisk on a stop for officer safety

4 search patterns

1) Grid

2) Spiril

3) Strip/Line

4) Zone/Quadrant

Proper vehicle position if the driver stops on the right side of the road?

Offset-angle position

316

Chapter that covers vehicle crashes

Most harmful event

Maximum Endangerment

How long before a crash must be submitted to the DMV?

10 days

When must a driver sign a citation?

When it requires a court appearance

HSMV 90010’s Form

Self reported car accident

CEW

Conducted Electrical Weapon

Also called DFSG (Dart Firing Stun Gun)

Taser Statute

943.1717

Current vs voltage of CEW

High voltage Low current

Signature Marks

Stun application marks on a person

Maximum CEW cycles

15 seconds or 3 cycles

Draper v Reynolds

If officers didn’t taser the subject when handcuffing, it would’ve escalated into a serious physical struggle