Florida Basic Recruit Law Enforcement Legal

English Common Law

English Common Law

the American legal system is based primarily on this

Constitutional Law

this defines our representational government and its three branch structure (executive, legislative, and judicial)

Statutory Law

written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need.

Criminal Law

an aspect of statutory law, identifies unacceptable behavior and allows government prosecution of those who commit them.

Ordinance

statutes enacted by municipal or county governments and apply only within the jurisdiction of the governmental entity that enacted them.

Civil Law

the legal action that a person takes to resolve a private dispute with another person.

Administrative Law

the body of law that allows for the creation of public regulatory agencies.

Case Law

This is formed by the decisions of the court system. These court-imposed decisions are based on the courts interpretation of constitutional provisions, and they clarify the meaning of a statue or rule as applied to a specific set of facts.

Bill of Rights

The first ten amendments to the Constitution

The Articles of the Constitution

these form the main body of the Constitution

supremacy clause

set forth in Article VI, this states that when law conflicted, federal law generally overrules state and local law

Amendments of the Constitution

its purpose is to ensure that individual rights are not infringed upon by the government

First Amendment

protects the freedom of speech, press, peaceful assembly, and religion

Second Amendment

guarantees the right to bear arms

Fourth Amendment

prohibits unreasonable search and seizure and generally requires a warrant signed by independent Magistrate (judge)

Fifth Amendment

prohibiting compelled self-incrimination. Also requires grand jury indictment for capital crimes and prohibits double Jeopardy and deprivation of life, liberty, or property without due process of law

Sixth Amendment

guarantees the right to be informed of the nature of the charges, receive council, undergo a speedy and public trial, confront witnesses, and face and impartial jury

Eighth Amendment

prohibits excessive bail and fines and cruel and unusual punishment

Fourteenth Amendment

this expanded the application of the Bill of Rights to State and local governments

due process clause

To be fair; no State shall make or enforce any laws which shall abridge the privileges and immunities of citizens of the United States.

substantive and procedural

The two main components of due process

substantive

the fair and consistent enforcement of the law

procedural

refers to the steps that must be followed to protect a person's rights during a criminal justice process

offense

Criminal or non criminal acts that are punishable under Florida law

Felony

any crime committed where the maximum penalty is death or incarceration in a state facility for more than one year

Capital Felony

A penalty of death or life imprisonment in a State correctional facility without the possibility of parole

Life Felony

Life imprisonment, a fine up to $15,000, or both

First-Degree Felony; F1

Carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.

Second-Degree Felony; F2

Carries a maximum penalty of 15 years in a state correctional facility, a fine of up to $10,000, or both.

Third-Degree Felony; F3

Carries a maximum penalty of five years in a State correctional facility, a fine up to $5,000, or both

reclassified

some crimes may be _____ to the next higher degree when certain factors are present.

Enhanced Penaly

violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant State attorneys, and judges

Enhanced Penalties

bring a mask, hood, etc. to conceal identity while committing a felony or misdemeanor

Enhanced Penalties

evidencing prejudice for committing a crime (hate crimes)

Enhanced Penalties

possessing a weapon while committing a crime

Enhanced Penalties

unlawful taking, possessing, or using a law enforcement officers firearm during the commission of a crime

Enhanced Penalties

committing a misdemeanor or felony that facilitated or furthered an act of terrorism

Misdemeanor

any criminal offense with a maximum incarceration penalty in a county jail of up to 1 year

First-Degree Misdemeanor; M1

carries a maximum penalty of one year in a county jail, a fine of $1,000, or both.

Second-Degree Misdemeanor; M2 / County Ordinance Violation

carries a maximum penalty of 60 days in a county jail, a fine of $500, or both.

M1

battery is what degree of offense

non-criminal violation

any offense for which the only penalty may be a fine ($500), forfeiture, or other civil penalty

civil infraction

non-criminal violation is also known as what

Consensual Encounter

Occurs when an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business.

Mere Suspicion

sometimes described as a hunch or gut feeling based on law enforcement training and knowledge

Reasonable Suspicion

The standard of justification that is sometimes called articulable suspicion or founded suspicion. Also needed for a Terry stop or investagative stop.

Reasonable Suspicion

The facts an officer must articulate, or put into words, that support a suspicion that a person committing crime, is committing a crime, or is about to commit a crime.

BOLO (be on the lookout)

a description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect

Terry v. Ohio (1968)

Court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained at the officer has reasonable suspicion to believe that the person is armed

does not

Simply seeing a partially concealed firearm _____, standing alone, constitute reasonable suspicion or justify a frisk since many people make lawfully possess a concealed firearm.

plain touch/feel doctrine

A rule that which an officer conducts a valid stop and frisk and in the process feels an item he or she readily recognizes as contraband, may seize that contraband even if it does not feel like a weapon

Minnesota v. Dickerson (1993)

This Court ruling established the "plain feel" doctrine that an officer must be able to articulate that, based upon his or her training and experience, he or she immediately recognized the item as contraband

pretext stop

If an officer stops a vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity

Whren v. U.S. (1996)

This Court ruling established "pretext stops" and said that the courts are not required to consider an officers motive for stopping a vehicle as long as the officer had an objective basis for the stop.

probable cause

A fair probability or reasonable grounds to believe that someone committed a crime or a crime is being committed based on the totality of circumstances

totality of circumstances

this test involves the Court's review of all factors known to the officer at the time of the incident

fellow officer rule

involves relying on the collective knowledge of other officers when taking law enforcement action.

proof beyond a reasonable doubt

the standard used to determine if a criminal defendant is guilty

preponderance

this terminology is the burden or standard of proof used in civil cases

clear and convincing evidence

this terminology is the burden or standard of proof used in administrative proceedings

arrest

depriving a person of his or her liberty by legal authority

custody

the suspect is deprived of freedom in a significant way

arrest warrant

a court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant

Chapter 901, Florida Statutes

gives law enforcement officers the authority to make arrests.

Section 901.19, F.S.

this Florida statute authorizes law enforcement officers to enter the residence of a warranted person in order to make an arrest

warrantless arrest

the person has committed a felony or misdemeanor or violated a county or municipal ordinance in the presence of an officer

warrantless arrest

the person committed a felony outside the officers presents, but the officer has probable cause to believe that the person committed it

warrantless arrest

a warrant for an arrest has been issued and is being held by another law enforcement officer or agency

Carrying a Firearm in Violation of an Injunction

This is an exception to the Florida Statute misdemeanor rule

Battery

This is an exception to the Florida Statute misdemeanor rule

Retail Theft

This is an exception to the Florida Statute misdemeanor rule

Traffic Offenses Related to Crash Investigation

This is an exception to the Florida Statute misdemeanor rule

Unlicensed Carrying of a Concealed Weapon

This is an exception to the Florida Statute misdemeanor rule

Disorderly Conduct on Premises of Establishment

This is an exception to the Florida Statute misdemeanor rule

Theft from a Dining or Lodging Establishment

This is an exception to the Florida Statute misdemeanor rule

Trespass on School Grounds

This is an exception to the Florida Statute misdemeanor rule

Possession of Cannabis

This is an exception to the Florida Statute misdemeanor rule

Stalking

This is an exception to the Florida Statute misdemeanor rule

Transit Fare Evasion

This is an exception to the Florida Statute misdemeanor rule

Criminal Mischief

This is an exception to the Florida Statute misdemeanor rule

Trespass on Certain Properties

This is an exception to the Florida Statute misdemeanor rule

Act of Domestic Violence

This is an exception to the Florida Statute misdemeanor rule

Violation of Injunction for Prosecution

This is an exception to the Florida Statute misdemeanor rule

Sexual Cyber-Harassment

This is an exception to the Florida Statute misdemeanor rule

notice to appear

Is a written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time

probable cause affidavit

also called an arrest affidavit, this is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest

Fresh Pursuit

a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines

continuous and uninterrupted

When an officer is pursuing a suspect across jurisdictional boundaries, the pursuit must be what

Miranda v. Arizona (1966)

the court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain constitutional rights

custody, interrogation, understanding, and free and voluntary waiving of Rights

These make up the four elements of the Miranda decision

custody and interrogation

what two Miranda decisions are needed for needing to read Miranda Rights

interrogation

this is the questioning initiated by law enforcement that is directly or indirectly intended to elicit an incriminating response

spontaneous statements

a suspect who is in custody will voluntarily give information even when not solicited through questioning

5th and 6th Amendments

From where does the "Miranda Warning" draw its constitutional basis?

Terry stops, traffic stops, and field sobriety exercises

these are not considered custody because they are typically brief in nature, where Miranda is not required

search

occurs when the government intrudes into a place where a person has a reasonable expectation of privacy

seizure

this occurs when the government affects a person's right to have or control his or her property, usually by physically taking it

search warrant

this is a court order that authorizes law enforcement to conduct a search and seizure

government, intrusion, reasonable expectation of privacy (REP)

All three of these elements are requiremented for a search warrant under the Fourth Amendment

exclusionary rule

This is a rule that Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court