Study sets, textbooks, questions
Upgrade to remove ads
Police Academy Test 2 - Legal
Terms in this set (128)
Defines the type of goverment we as americans have established for ourselves.. Defines our representational government (executive, legislative, judicial) ...Standards set fourth in the constitution and court decisions based on interpretations of constitution.
Written and enacted by Congress, state legislatures, or local government authorities in response to perceived need to clarify functions of the government.
Statutes enacted by municipal or county government. Ordinances only apply to jurisdiction that made them..Some can be criminal and some civil. ex.) curfews, parking regulations
Unacceptable behavior. A type of statute that has a specific punishment for the behavior.
Pertains to legal action a person takes to resolve a dispute with another person. Court provides a forum for the parties to settle disputes.
The Articles of the constitution
Form the main body of the constitution. Purpose is to spell out a contract between people of US and US government regarding the authority of the three branches.
In article VI, states that when laws conflict, federal law generally will overrule state and local law.
Protects freedom of speech, press, peaceful assembly, and religion.
Right to bear arms
Unreasonable search and seizure and requires warrant.( right to privacy) This affects LEO entrance into homes, vehicles, luggage, purses. Use of force is considered a seizure and must meet reasonableness requirement.
protect agains self incrimination, double jeopardy. and deprivation of life, liberty or property without due process of law. This could affect interviewing suspects
right to speedy trial, counsel, impartial jury, and to confront witnesses.
Cruel and unusual punishment-
excessive bails and fines.
Expanded application of bill of rights to state and local governments as well. done by the Due process clause.
Due process clause
-Equal protection of the laws, everyone afforded life liberty and property.
Body of law formed by the decisions of the court system. Court's interpretation of constitutional provisions, and clarify meaning of a statute or rule.
Punishible under florida law. Criminal offenses are either felony or misdemeanor. Non criminal or civil infractions are punished by fines.
Any crime committed for which max penalty is death or incarceration over a year. Capitol felony is highest.
Up to life imprisonment, 15,000 fine, or both.
1st degree felony
max of 30 years and 10,000 fine
2nd degree felony
max of 15 years and 10,000 fine
max of 5 years and 5000
Some crimes may be reclassified to next higher degree if...
-wearing mask, hood
Any criminal offense with a max of up to 1 year in jail.
-Civil infraction, punihsment may be fine, forfeiture.
civil penalty up to 500 or imprisonent up to 60 days.
Mere Suspicion/consensual encounter
Voluntary contact with citizen. Reasonable person would feel free to go. No coercion, detention. " Mind if I ask you some questions?"
-Has to be in a lawful Place!
Hunch or gut feeling
Standard needed to support a terry stop or investigative stop. Facts must support the suspicion a person is, has, or is about to commit a crime.
Brief detention of a person by police, on reasonable suspicion but short of probable cause. Officer may not move person from location (considered arrest)
Stopping a car for another reason to investigate something else.
" based on totality of circumstances, you have a fair probability that a crime has, is, or is about to be committed'
-ex, odor of weed, car coming up as stolen
Totality of circumstances
All info available to officer at that given time.
Source of PC info
Fellow officer rule, citizen informant, confidential informant, photo array, live lineup, show up.
When the government intrudes into a place where a person has a reasonable expectation of privacy.
A seizure occurs when the government affects a persons right to have or control his property, usually by physically taking it.
A court orderthat authorizes law enforcement to conduct a search and seizure.
1) must be signed by a judge
2)must be based on an affidavit that states sufficient facts to establish PC that evidence of a crime will be found
3)Warrant must particularly describe the person or place to be searched
Supreme Court has ruled that evidence obtained by the government in violation of the Constitutionn cannot be used as evidence in court.
Good faith doctrine
If officers execute a search arrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted ( as long as you didnt know about the error)
Exceptions to Search Warrants (require Probable Cause)
1) Plain View
3)Destruction of Evidence
Contraband can be seized if..
1) The officer is lawfully present in the lace where he or she sees the item
2)item is in plain sight
3)PC to believe the item is contraband
Mobile Conveyance (#1 most common search)
extends to entire vehicle and all containers where evidence could reasonably be found. If facts provide PC for trunk, officer may only search trunk. If officer smells burning Marijuana, may search passenger compartment. Unburned marijuana, more options for searching.
Destruction of Evidence
Officer must have PC that contraband is being destroyed. Falls into Exigent circumstances (state of urgency)
Enter a residence while chasing a suspect requires
1) Probable cause suspect committed a serious crime
2) imediate pursuit of suspect
3)PC that suspect is in premises
2) may enter to ensure their own safety or that of the public.
1) PC that someone is in immediate danger
Search Warrant Exceptions ( No PC)
1) Stop and Frisk
2)Incident to Arrest
Terry Stop & Stop and Frisk
If officer has a reasonable suspicion that the person is committing, has committed or is about to commit a crime.
Frisk- 2 elements need....1) subject lawfully detained 2) officer has reasonable suspicion of dangerous weapon.
May remove item even if it isn't a weapon. no groping or manipulating the item.
Incident to Arrest
When a person is under arrest, they may be subject to a search without a warrant.
Search requires two things.
1) must be done with a valid arrest
2) must be done right after arrest ex) 10 min, not 1 hour
*if they're unrestrained within arms reach of passenger compartment
*if reasonable suspicion to believe contraband from crime for which you arrested for.
* Scope also includes area for which arrestee could reach
*Or vehicle if arrestee was a passenger
Consent searches dont require PC, Mere suspicion, or reasonable suspicion. If consent is knowing and voluntary, and person giving consent has authority to do so, search and everything found is valid.
- Third party consent to search is valid if 3rd party has mutual access and control over area to be searched.
-however search may NOT be done if 1 tenant objects
designed to protect the arrested person's property. When driver is arrested, officer makes sure vehicle is properly secured.
Each department has different policies for how and when inventory searches are done.
Scope of searches
Once item is found, search must stop.
-Ex) if searching for a gun, once gun is found search must stop
ex) if searching for refrigerators, looking in drawers would be unreasonable.
Items that may be searched for Legally.
Warrant or exceptions to warrant.
-fruits of the crime (things criminal receives as result of crime)
-Instruments of crime (used to commit crime)
-Contraband ( illegal possession due to nature of item)
-Law enforcement asks court to transfer ownership of property from defendant to government.
-Defined as depriving a person of his or her liberty by legal authority.
-court order authorizing law enforcement to take individual named on the warrant into custody to answer for charges specified in the warrant.
-An officer may make a probable cause arrest without a warrant under the following circumstances.
* person committed felony, misdemeanor, ordinance in presence of officer
*PC to believe felony has been committed
*warrant issued and held by another LE officer
*General rule is officer may not make arrest for misdemeanor that didnt occur in his presence
Exceptions to the rule, can make arrest if...
-Carrying a firearm in violation of injunction
-act of retail theft
-Disorderly conduct on premises of establishment
-Theft from dining
-Trespass on school grounds
-Possession of weed over 20 grams
-Transit fare evasion
-Trespass on certain properties
-Acts of domestic violence
Notice to Appear
Written order that may be issued by law enforcement instead of physical arrest.
1) accused fails to ID himself
2)refuses to sign notice
3)Officer has reason to believe letting him go could hurt them or others
4)Officer has suspicion the accused may be wanted in another jurisdiction
5)Accused has previously failed to respond to notice before
Fresh Pursuit as pertains to arrest
Permits officers to make arrest of fleeing suspect who crossed jurisdictional lines. Conditions...
1) Offense happened in your jurisdiction
2)pursuit must be continuous and uninterrupted
1) 1966 US SC decided case of Miranda V arizona. When an officer questions a suspect in custody, person must be notified of constitutional rights.
4 elements for custodial interrogation
-custody (suspect deprived of freedom in significant way)
-Interrogation (questioning by LEO that elicits incriminating response)
-understanding (officer must ensure defendant understands rights, not impaired, inebriated, etc)
-Waiver of rights (suspect must waive rights, either verbally or written)
Invocation of Rights
If suspect says they want to remain silent, only after a significant amount of time can officer re-ask. If suspect invokes right to attorney though, no more questions can be said.
doing what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet it's outcome.
-some forbidden act by the offender. To qualify as an act, offenders bodily movements must be voluntary. ex. ( resisting LEO with violence)
- requires more than reasonable expectation of the result. Specific intent designates a special mental element of intention. ex )burglary
-Present when an intentional act harms an unintended second victim.
-defendant did not intend for his or her behavior to cause resulting harm at all.
Elements of theft
-offender knowingly and unlawfully obtained, used, or endeavored to obatin property of another.
Elements of retail theft
a) took possession of merchandise
b)alterered or removed label or price tag
c)transferred merchandise from one container
d)removed shopping cart from premises
Person who commits petit theft and who has been previously convicted commits misdemanor of first degree. Sometimes item regardless of value is a felony...
-commercially farmed animal
-aquaculuture species raised at a facility
-2000 pieces of citrus fruit
-property from construction site
-any stop sign
-property, funds, assets
Elements of robbery
-Theft using force or threat of force
* offender took money from victim
*force, violence, assault
*property taken was of some value
*taking was with intent to permanently and temporarily deprive victim of right to property.
Elements of assault
-Offender intentionally threatened, either by word or act, to do violence to victim.
-at the time, offender appeared to have abililty to carry out threat.
-a well founded fear was created that the violence was about to take place
Elements of Aggravated assault
-Same as above except
--- assault was made with a deadly weapon without intent to kill, or with intent to commit a felony.
Elements of Battery
-Offender actually touched or struck victim against their will
-intentionally caused bodily harm.
-Same as battery but intended to cause bodily harm, permanent disability, or disfigurement.
-same as others, but used deadly weapon
- knew or should have known victim was pregnant.
-Any assault, battery, agg battery, sexual assault, sexual battery, agg stalking, kidnapping, or criminal offense resulting in injury or death to household member or family.
* fam at any point counts
Selling or giving alcohol to minors.
sold, gave, or served alcohol....Why misdemeanor? No big deal.
uttering a forged instrument
-offender passed a true document
-knew to be false
-offender intended to injure some person
-defendant forcibly or secretly confinded, abducted, imprisoned the victim
-defendant had no lawful authority
-defendant acted with intent to hold for ransom as reward...commit a commision of a felony.
detaining someone against their will ( no force)
Any person who has info about some element of the crime or about evidence or documents related to the crime
witness who suffers an injury as a result of crime
Principal in the first degree
If the defendant helped another person or persons commit or attempt to commit a crime, they are just as guilty. They don't have to be there when the crime is committed.
a person who aids or contributes in the commision or concealment of a crime.
accessory after the fact
Person commits a felony, and accessory after knows about it and still helps them.
offense when either person did some act toward committing the crime that went beyond just thinking or talking about it. something prevents them from doing it.
not a defense to a crime when the suspect decides not to pursue the crime because of unforeseen difficulties in completing the crime or when detection of the criminal activity is imminent.
Elements of solicitation.
-Offender solicited a person to commit a certain offense.
-during solicitation, the offender commanded hired or requested the other person to engage in specific conduct which would constitute the commission of the offense.
(trying to get someone to do the crime)
Elements of Conspiracy
-intent of offender was that the offense would be committed.
-in order to carry out the intent, the offender agreed, conspired, combined with the person alleged to cause to be committed either by them or one of them or by some other person.
( you and others are going to do the crime and have taken steps towards that. )
Any evidence that may point to innocence, tends to prove innocence.
-most common legal defenses include
Alibi, mistake, intoxication, duress or coercion, justifiable use of force, self defense, entrapment, insanity, mental incompetence.
claim that he or she was not present when alleged act occurred.
Mistake or ignorance of fact
-person does not posess mental state required to commit a criminal offense because of a reasonably mistaken belief.
-( taking wrong luggage at the airport)
- legal defense, cant form the intent for certain crimes.
voluntary and involuntary
-protecting ones life.
-LEO uses persuasion or fraudulant means to enduce someone to commit a crime he or she would not have committed otherwise
legally as any mental disorder so severe it prevents a person from having legal capacity and excuses the person from criminal or civil responsibilites. ( claim they were suffering mental disorder at time of crime and that caused them to do it.
Mcnaugten rule (insanity)
a person is not crimianlly responsible at time of alleged crime if does not know nature of their consequences, unable to distinguish right from wrong.
someone mentally out of it at time of trial, therefore they cant help the defense. legally cant participate.
Anything that tends to prove or disprove the existence of a fact. There is a legal distinction between evidence and proof.
proves a fact without presumption or inference.
requires a an inference or presumption to establish a fact.
witness statements used to prove or disprove facts about the case.
anything written or printed which is offered to prove or disprove facts
physical or real evidence
actual objects which may be offered to prove facts about a case
fruits of crime
objects obtained by defendant as a result of committing the crime.
items used by defendant to commit the crime. (crowbar)
anything that is illegal to possess
Evidence allowed in court for 3 reasons
1) to prove or disprove a crime
2) to support or undermine other evidence
3)to help determine an appropriate sentence.
Reasons for excluding evidence
1) it was obtained in violation of someones rights
2) to avoid undue prejudice against the defendant, such as prior crim history
3) to prohibit jury consideration of unrealiable evidence
Florida Evidence code
*Lawyer - client
*journlist - Source
* husband - wife
*accountant - client
*Sexual assault counselor-victim
*domestic violence advocate-victim
governs police contact with peiple by protecting from unreasonable search and seizure. when officers detain, arrest, or use any force the officers actions will be scrutinized through the "reasonableness test" of 4th amendment.
Graham v Connor- all force cases judges by reasonable standard based on 4th.
Objective reasonableness test
- makes officer answer to questions about level of force used in any situation.
-Was the action reasonable and necessary, and was the amount of force applied reasonable and necessary.
state statute 776 No retreat law-
donthave to retreat if you are in danger.
in criminal law an improper act is called a crime
in civil law an improper act is called a tort.
failure to use due or reasonable care in a situation that causes harm to another.
Car wreck # 1 negligence
elements of negligence
1) duty to act with care
2) breach of duty to act
3) causation of proximate cause
-designed to compensate for the actual property damage, harm, or injury the plaintiff suffers.
-Nominal damages are in name only (jury believes plaintiff rights were violated, but insufficient proof of measurable financial harm
18 USC 242
prohibits anyone acting in law enforcement from intentionally depriving another person of a constitutional or other civil right. .. doing so may range from imprisonment for one year to life and may even include the death penalty
derived from common law idea tat king and agents can do no wrong. Protects indivuals from personal liability and from being named as defendant in state civil lawsuit. Does not protect officers named in fed civil right actions
cant arrest someone for discretion.
writ of replevin
When a creditor is entitled to possession of collateral after default, the creditor may go to court nd obtain an order entitling the creditor to possession
child, juvenile, youth
Any unmarried person under age 18 who has not been emancipated by order of the court and found alleged to be dependent.
upon arrival at county jail, officers must
contact a representative of department of juvenile justice.
Officers have no arrest authority for
child who is a runaway or truant
Officer is required
to make a good faith effort to notify the parent, guardian or legal custodian when child is taen into custody
Juvenile School searches
-School searches can not be done at discretion or request of Law enforcement
protects indivuduals from governmental abuse of power and defines law enforcements authority to act. Sets paramaters within which the government operates and establishes laws.
Sets with similar terms
Law Enforcement Chapter 2 (Legal)
CA Bar Essay Slapdowns: Criminal Law and Procedure
Barbri CEWB Criminal Law Procedure Rules
Sets found in the same folder
Police Academy: Legal Exam
communications-police academy test 3
police academy vocab and '10' codes
Other sets by this creator
Traffic Crash Investigations
Skeleton Key TEST 2
Other Quizlet sets
Respiratory system part 1
Tuck Everlasting - Chapters 1-25
AP exam questions
according to directive 1251 the department shall provide free laundry service sufficient to provide inmates with a neat, clean changes of clothing and clean towel at least
A stop and frisk represents a search and seizure under which constitutional amendment?
Charred debris recovered from a fire, hairs and fibers, explosive residues, glass
What is Mens Rea (guilty mind)?