Florida Legal Guidelines Sample Questions

Which statement is true when a peace officer makes an arrest by warrant? LG1

A. the officer must always inform the person to be arrested as to the cause of the arrest
B. the officer needs to have a copy of the arrest warrant at the time of the arrest
C. upon request the officer must show the arrest warrant to the person to be arrested as soon as it is practical to do so
D. all of the above
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Which statement is true when a peace officer makes an arrest by warrant? LG1

A. the officer must always inform the person to be arrested as to the cause of the arrest
B. the officer needs to have a copy of the arrest warrant at the time of the arrest
C. upon request the officer must show the arrest warrant to the person to be arrested as soon as it is practical to do so
D. all of the above
C. upon request the officer must show the arrest warrant to the person to be arrested as soon as it is practical to do so

A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform him or her, or when giving the information will imperil the arrest. The officer need not have the warrant in his or her possession at the time of the arrest. However, on the request of the person arrested the officer shall show it to him or her as soon as practicable (F.S. §901.16).
When preparing an affidavit following a warrantless arrest, the officer should in the beginning of the affidavit: LG2

A. explain the circumstances in which contact was first made with the arrest
B. justify that contact as a consensual encounter
C. explain why the contact, if not based on consensual encounter, was supported by reasonable suspicious or PC
D. all of the above
D. all of the above

Arrest Affidavits. When preparing an affidavit following a warrantless arrest, the officer should explain in the beginning of the affidavit the circumstances under which contact was first made with the arrestee, and should justify that contact as a consensual encounter or explain why it was supported by reasonable suspicion or probable cause.
A police officer can make an arrest without a warrant when the officer has _____ that the person has committed a felony or misdemeanor. LG3

A. reasonable suspicion
B. PC
C. sufficient cause
D. reasonable cause
B. PC

An officer can make an arrest without a warrant when he or she has probable cause to believe the person has committed a felony or misdemeanor exception, whether in the officer's presence or not
Which of the following is the exception to the rule which requires the issuance of an arrest warrant before an arrest can be made inside a home? LG3

A. when a person has committed a violent crime, is armed inside the home, and there is a likelihood the person may escape, or pose a serious danger to the officer and citizens
B. if the officer obtains a consent to enter the home from the owner or leaser
C. in the case of a hot pursuit for a fleeing felon
D. all of the above
D. all of the above

(1) A police officer can make a warrantless entry where a suspect has committed a violent crime, and he or she is inside the premises and armed and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens.
(2) If an officer obtains a consent to enter the premises from an owner or lessor, an arrest warrant is not required to enter the premises.
(3) "Hot pursuit" of a fleeing felon. U.S. v. Santana, 427 U.S. 38 (1976) (check agency policy).
Which of these items does not need to appear in the narrative of the arrest affidavit? LG4

A. day and time of the offense
B. name of the accused
C. the lighting conditions at the time of the offense
D. none of the above
D. none of the above

A complete narrative of the offense including the day, time, place, lighting conditions, etc., and the name and address of the accused. All facts should be included which should be sufficient for a showing of probable cause for the arrest. All elements of the charged offense as required by the applicable statute or ordinance should be covered.
In loitering and prowling arrests, which circumstance should be considered when determining if a justifiable and reasonable alarm existed for the safety of persons, property, or vicinity? LG5

A. the person takes flight upon the appearance of a law enforcement officer
B. the person refused to identify himself
C. the person manifestly endeavors to conceal himself or any object
D. all of the above
D. all of the above

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that (1) the person takes flight upon appearance of a law enforcement officer, (2) refuses to identify himself, or (3) manifestly endeavors to conceal himself or any object.
To make an arrest for Breach of the Peace or Disorderly conduct, the police officer must observe the suspect using _____ words which by their very utterance can inflict injury. LG6

A. vulgar
B. profane
C. fighting
D. threatening
C. fighting

To arrest for a violation of F.S. §877.03 based strictly on language (as opposed to physical action), an officer must observe the suspect using "fighting words," words which by their very utterance inflict injury or tend to incite an immediate breach of the peace, or words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others (for example, yelling "fire" in a crowded building)
The general rule is that an officer may use _____ force to place a suspect under arrest. LG7

A. reasonable
B. justifiable
C. necessary
D. inly non-deadly
A. reasonable

The general rule is that reasonable force may be used to place a suspect under arrest. The permissible quantum of force employed varies from situation to situation. A reasonable level of force in one context, may be unreasonable in another, and vice versa
Which of the following statements is true regarding the use of force? LG7

A. a police officer is justified in the use of force even if the arrest is unlawful
B. a police officer cannot use drawn weapons during a Terry Stop
C. a police officer can use deadly force if the officer reasonably believes it is necessary to prevent imminent death or great bodily harm
D. all of the above
C. a police officer can use deadly force if the officer reasonably believes it is necessary to prevent imminent death or great bodily harm

The use of deadly force is justified if such force is reasonably believed to be necessary to prevent imminent death or great bodily harm.
Under F.F.S 903.29, a principal may be arrested by his surety within ____ year(s) of the date of the forfeiture of the bond. LG8

A.1
B. 2
C. 3
D. 4
B. 2

Under F.S. §903.29 a principal may be arrested by his surety within 2 years from the date of forfeiture of the bond.
In US v. Mendenhall, the court held that a person is seized: LG8 A. only when his freedom of movement is restrained B. when he detained for more than 20 minutes C. when there is an overwhelming police presence D. all of the aboveA. only when his freedom of movement is restrained In U.S. v. Mendenhall, 446 U.S. 544 (1980), the Court held "a person is seized only when his freedom of movement is restrained." In this case, the court ruled that a consensual encounter occurred when plainclothes officers approached the defendant in an airport concourse, identified themselves as officers, displayed no weapons, requested to see identification and promptly returned the identification.Factors taken into account determining reasonable suspicion include the officers: LG9 A. knowledge B. training C. experience D. all of the aboveD. all of the above and anything incongruous or unusual in the situation as interpreted in light of the officer's knowledge. Hernandez v. State, 784 So.2d 1124 (Fla. 3d DCA 1999). It is important to remember that an officer's training and experience can be taken into account in determining whether reasonable suspicion exists in a given situation. U.S. v. Arviza, 534 U.S. 266 (2001).How many levels of contact are there between law enforcement officers and citizens LG9 A. 1 B. 2 C. 3 D. 4C. 3 There are three levels of contact between law enforcement officers and citizens. These are (1) Consensual Encounters (Smalls v. State, 858 So.2d 1244 (Fla. 5th DCA 2003)); (2) Reasonable Suspicions; and (3) Probable Cause. If an officer understands the limits of each type of encounter he or she can be more effective when the officer is conducting criminal investigations.Which of the following is NOT a level of contact between law enforcement officers and citizens? LG9 A. random contact B. consensual encounter C. reasonable encounter D. PCA. random contact There are three levels of contact between law enforcement officers and citizens. These are (1) Consensual Encounters (Smalls v. State, 858 So.2d 1244 (Fla. 5th DCA 2003)); (2) Reasonable Suspicions; and (3) Probable Cause. If an officer understands the limits of each type of encounter he or she can be more effective when the officer is conducting criminal investigations.Which of the following statements is true regarding frisking? LG 10 A. in addition to stopping a citizen, an officer can frisk an individual when the officer reasonably suspects that he/she is in danger of physical injury B. the right to frisk includes the right of the officer to draw his/ her weapon C. during the frisk, the officer can pat down a citizens bag or container if that officer has a right to frisk that individual D. all of the aboveD. all of the above In addition to stopping a citizen, an officer can frisk an individual when the officer reasonably suspects that he or she is in danger of physical injury. Law enforcement officers may use drawn weapons in a Terry Stop when they reasonably believe that the use of weapons is necessary to protect the officers or prevent a suspect's ability to flee. The officer can also pat-down a citizen's bag or container if that officer has a right to frisk the individualWhich of these statements is true regarding information given to a police officer? LG9 A. a tip from a citizen is entitled to a presumption of reliability B. an informant whose identity is genuinely ascertainable is not an anonymous source C. a tip from a citizen does not require further collaboration D. all of the aboveD. all of the above "A tip by a citizen-informant, as opposed to an anonymous tipster, is entitled to a presumption of reliability and does not require further corroboration." State v. Manuel, 796Which of these statements is true regarding reasonable suspicion and traffic violation? LG9 A. an officer doesn't violate the 4th Amendment when stopping someone for a traffic violation B. routine traffic infraction can provide the requisite reasonable suspicion to stop a vehicle C. minor traffic infractions can provide the requisite reasonable suspicion to stop a vehicle D. all of the aboveD. all of the above An officer does not violate the Fourth Amendment by stopping and questioning someone who just committed a traffic violation violation in the officer's presence. Moreover, routine traffic infractions, even minor ones, can provide the requisite reasonable suspicion to stop a vehicle.Which of the following statements is true regarding De Facto arrests? LG9 A. under certain circumstances what an officer intends to be an investigatory stop may be transformed into a De Facto arrest B. the use of handcuffs automatically turns an investigatory stop into a De Facto arrest C. an investigatory stop at gunpoint automatically turns an investigatory stop into a De Facto arrest D. all of the aboveA. under certain circumstances what an officer intends to be an investigatory stop may be transformed into a De Facto arrest Under certain circumstances, what an officer intends to be an investigatory stop may be transformed into a de facto arrest. For example, when an officer handcuffed defendant, patted him down for weapons, then placed him (still handcuffed) in the back of a patrol car for 30 minutes, defendant was effectively arrested, even though the State attempted to characterize this encounter as merely an investigatory stop.The concept that an officer need not have information which excludes every conceivable possibility of innocence is referred to as: LG14 A. presumed innocence B. PC C. PC for reasonable cause D. totality of circumstancesC. PC for reasonable cause Probable cause (or reasonable cause) means that an officer need not have information which excludes every conceivable possibility of innocence. Probable cause depends upon probabilities, not certainties. Thus, it must appear to the officer that it is at least more probable than not that a crime has taken place and that the one arrested is its perpetrator.A law enforcement agency that uses confidential informants should establish policies and procedures for addressing the _____ of confidential informants: LG15 A. use B. recruitment C. control D. all of the aboveD. all of the above A law enforcement agency that uses confidential informants shall establish policies and procedures addressing the recruitment, control, and use of confidential informants. The policies and procedures must state the:An officer must remember that he/she can only take official action which is reasonably related to: LG17 A. the officers past experience B. the officers past training C. the amount of information the officer posses D. all of the aboveC. the amount of information the officer possesWhich statement is true regarding frisks? LG19 A. an officer can frisk an individual when the officer reasonably suspects that the officer is in danger of physical harm B. an officer can pat down a persons bag or container if he has a right to frisk the person C. an officer can frisk a person while the person is in any position D. all of the aboveD. all of the above In addition to stopping a citizen, an officer can frisk an individual when the officer reasonably suspects that he or she is in danger of physical injury. The frisk can be used to feel for any weapons and it essentially is a "pat-down" of the suspect. The officer can also pat-down a citizen's bag or container if that officer has a right to frisk the individual. A frisk can be conducted while the individual is in any number of positions. HoweverWhich statement is NOT true regarding frisks? LG19 A. an officer can conduct a frisk if he has the right to stop an individual B. to conduct a frisk, an officer must have independent suspicion that the person is armed C. an officer can conduct a frisk if he suspects the person has committed a violent crime D. An officer can have reasonable suspicion to conduct a frisk if he observes activity that confirms an anonymous tipA. an officer can conduct a frisk if he has the right to stop an individual An officer cannot conduct a frisk merely because he or she has the right to "stop" an individual; he must also have an independent suspicion that the suspect is armed.Which statement is NOT true regarding frisks? LG19 A. an officer can conduct a frisk if he has reasonable suspicion the person is armed and dangerous B. has reasonable suspicion to justify a frisk if he sees a person partially concealing an object that may be a firearm standing alone C. can conduct a search if an armed person lies about possessing the partially concealed firearm D. all of the aboveB. has reasonable suspicion to justify a frisk if he sees a person partially concealing an object that may be a firearm standing aloneWhich statement is NOT true regarding frisks? LG20 A. an officer can frisk a person who is present at the scene if a crime B. furtive movements may be sufficient to justify a pat down search for weapons C. an officer can frisk a person incident to any lawful arrest D. all of the aboveA. an officer can frisk a person who is present at the scene if a crime An officer cannot frisk a suspect merely because that individual is present at the scene of a crime.A temporary investigative detention usually must be conducted in no more than ______ minutes. LG20 A. 5-10 B. 15-30 C. 30-45 D. 45-60B. 15-30 The officer must be careful to keep this detention as brief as possible. If the detention continues for too long a time, the officer runs the risk of turning the "stop" into an arrest. The time period must be "brief" (usually no more than 15 to 30 minutes).The courts have held that a police officer does need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as: LG10 A. the contraband is instantly recognized by plain feel B. the officer had a reasonable suspicion that the suspect could be in possession of narcotics C. the person did not object to the frisk D. all of the aboveA. the contraband is instantly recognized by plain feel The U.S. Supreme Court case Minnesota v. Dickerson, supra, held that police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as the contraband is instantly recognizable by "plain feel."To justify an investigative stop, the officer must: LG20 A. have had sufficient justification to be in the area at the time of the stop B. have a well-founded fear that criminal activity was afoot C. have information that the suspect did not live in the area D. all of the aboveB. have a well-founded fear that criminal activity was afoot Investigatory Stops: There must be "a well-founded suspicion that criminal activity is afoot," quoting from State v. Simmons, 549 So.2d 785, 786 (Fla. 2d DCA 1985). "Hunch alone is not enough for an investigatory searchWhen a person is stopped based on reasonable suspicion, the person must identify himself. LG21 A. true B. falseA. true When a person is stopped based upon reasonable suspicion, the person must identify himself or herself. See F.S. §856.021(2). If the person refuses to give his or her name, he or she can be arrested.What amendment protects that no person shall be compelled in any criminal case to be a witness against himself. LG21 A. 4th B. 5th C. 8th D. 14thB. 5th In general, the Fifth Amendment protection that "no person shall be compelled in any criminal case to be a witness against himself," does not protect a suspect from being compelled by the State to provide "real or physical evidence." The Fifth Amendment protection afforded an accused only protects the accused from being compelled to testify against himself or herself.The admissibility of an eyewitness identification will, in light of the totality of the circumstances, be dependent upon its: LG22 A. accuracy and timeliness B. reliability and suggestiveness C. reliability and credibility D. all of the aboveB. reliability and suggestiveness The admissibility of the eye-witness identification will, in light of the totality of the circumstances, depend upon its "reliability" and "suggestiveness." The following factors will be examined to determine such reliability and suggestiveness:Which statement is true regarding exemplary evidence? LG11 A. police are allowed to rake handwriting as part of the investigative process B. police are allowed to take voice samples as part if the investigative process C. the courts have consistently held that the taking of blood samples and breath tests are searches and seizures subject to protection by the 4th Amendment D. all of the aboveD. all of the above While police are permitted to take handwriting and voice samples as part of the identification process, courts have consistently held that the taking of blood samples and breath tests are searches and seizures subject to the protections of the Fourth Amendment to the U.S. Constitution (Fosman v. State, 664 So.2d 1163 (Fla. 4th DCA 1995); State v. Quartararo, 522 So.2d 42, 43 (Fla. 2d DCA 1988)).Which statement is true regarding Miranda Rights? LG12 A. an officers obligation to administer the Miranda warnings attaches only when there has been such a restriction on a persons freedom as to render him in custody B. Miranda Rights are not triggered by the fact that the person has become the focus of an officers suspicions C. Miranda Rights are triggered when an officer takes a person into custody or otherwise deprives that person of his freedom in any significant way and initiates questioning D. all of the aboveD. all of the above A person's Miranda rights are not triggered by virtue of the fact that he or she has become the focus of an officer's suspicions. "The ultimate inquiry is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with formal arrest. Miranda rights are triggered when custodial interrogation takes place when law enforcement officers take a person into custody or otherwise deprive that person of one of his or her freedoms in any significant way and initiate questioningWhich statement is true regarding Miranda Rights? LG A. An interview with a suspect in his own home is not ordinarily regarded as a custodial interrogation B. When a law enforcement officer places a motorist under arrest for driving under the influence, the officer must advise the person of his Miranda Rights if the officer intends to question the suspect about any incriminating information C. Under a Terry Stop the suspect is not entitled to full custody Miranda rights D. all of the aboveD. all of the above An interview with a suspect in his own home is not ordinarily regarded as a custodial interrogation. State v. Figueroa, 139 So. 3d 365 (Fla. 5th DCA 2014). When a law enforcement officer places a motorist under arrest for driving under the influence (F.S. §316.193) or any other motor vehicle violation and subjects the motorist (driver) to treatment which renders him or her in custody, the officer must advise the motorist of his or her Miranda rights if the officer intends to question the suspect regarding any incriminating information. Because of the very cursory and limited nature of a Terry stop, although a suspect is not free to leave during the stop, the suspect is not entitled to full custody Miranda rights. Caldwell v. State, 41 So. 3d 188 (Fla. 2010).Routine motor vehicle detainments or stop and frisk detention do not reach the parameters of an arrest which would normally invoke the necessity of Miranda warnings. LG12 A. true B. falseA. true Routine motor vehicle detentions or stop and frisk detentions (under F.S. §901.151) which, by their nature, are usually brief and temporary, and involve no more than a check of credentials and issuance of citations for violations observed, do not reach the parameters of an arrest which would normally invoke the necessity of Miranda warnings.An accused may waive the effectuation of Miranda rights provided the waiver is made: LG13 A. voluntary B. knowingly C. intelligently D. all of the aboveD. all of the above The accused may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly, and intelligently. In making this determination, the court will examine the totality of the circumstances surrounding the waiverWhich of the following statements is not true regarding court decisions relating to the admissibility of incriminating statements? LG26 A. a confession obtained as a result of a direct or implied promise of benefit or leniency is involuntary and inadmissible B. police can use deception or misinformation to obtain a Miranda waiver C. in certain instances, statements made by a custodial suspect in response to questions asked by law enforcement may be admissible even if no Miranda warnings were given prior to the statement D. all of the aboveB. police can use deception or misinformation to obtain a Miranda waiver Similarly, police cannot use deception or misinformation to obtain a Miranda waiver. Dooley v. State, 743 So.2d 65 (Fla. 4th DCA 1999) (implying that a future invocation of rights would prevent earlier statements from being used in court rendered defendant's waiver involuntaryIn determining whether a juveniles waiver of Miranda Rights was voluntary the court will consider which of the following factors? LG27 A. the age, experience, background, and intelligence of the juvenile B. whether the parents were there, and the juvenile had an opportunity to speak to them prior to giving the statement C. whether the questioning occurred in the station D. all of the aboveD. all of the above ·the methodology employed to administer the Miranda rights; ·the age, experience, background, and intelligence of the child; ·whether the parents were contacted and whether the child had an opportunity to speak with them prior to giving the statement; ·whether the questioning occurred in the station house; and ·whether the child executed a written waiver of rights.Which of the following statements is NOT true regarding the interrogation of inmates? LG27 A. imprisonment constitutes custody under Miranda B. it is unnecessary to read Miranda warnings to an inmate before asking them about events unrelated to his incarceration if certain conditions are met C. when a prisonor is questioned, the determination of custody should focus on all features of the interrogation D. all of the aboveA. imprisonment constitutes custody under Miranda Imprisonment alone does not constitute custody under Miranda. It is unnecessary to read Miranda warnings to an inmate before asking him about events unrelated to his incarceration, as long as (1) the interview occurs in a well-lit, non-intimidating room, (2) the inmate is offered food or water, (3) he is not threatened or physically restrained, and (4) he is clearly advised that he can end the interview at any timeIt is unnecessary to read Miranda warnings to an inmate before asking them about events unrelated to their incarceration, as long as: LG13 A. the interview occurs in a well-lit non-intimidating room B. the inmate is offered food and water and not threatened or physically restrained C. the inmate is clearly advised that he can end the interview at any time D. all of the aboveD. all of the above It is unnecessary to read Miranda warnings to an inmate before asking him about events unrelated to his incarceration, as long as (1) the interview occurs in a well-lit, non-intimidating room, (2) the inmate is offered food or water, (3) he is not threatened or physically restrained, and (4) he is clearly advised that he can end the interview at any timeWhich amendment provides the right to counsel? LG13 A. 5th B. 6th C. 8th D. 10thB. 6th The Sixth Amendment right to counsel attaches the right attaches when the criminal justice process has reached a critical stage, at the initiation of the prosecution, rather than during a custodial interrogation.Which statement is TRUE regarding an inmate's right to counsel? LG13 A. the police may not deliberately elicit incriminating statements outside the presence of their counsel B. once the right to counsel has been attached on a specific charge, the suspect cannot be questioned about that charge without counsel present C. an inmate can be questioned about other charges in which the right to counsel has not been attached D. all of the aboveD. all of the above Once the Sixth Amendment right attaches, police may not "deliberately elicit" incriminating statements from the suspect outside the presence of his or her counsel Once the right has attached for a given charge, the suspect cannot be questioned about that charge without counsel present. He or she can, however, be questioned regarding other offenses for which the Sixth Amendment right has not yet attached without violating that provision. McNeil v. Wisconsin, 501 U.S. 171 (1991The search warrant came from: LG14 A. the colonial Bill of Rights B. the British Parliamentary Rule C. the English Common Law established in Chapter XXXIX of the Magna Carter D. Amendment VI of the US ConstitutionC. the English Common Law established in Chapter XXXIX of the Magna Carter The search warrant came from the English Common Law established in Article XXXIX of the Magna Carta in 1215: "No freemen shall be taken or imprisoned or diseased or outlawed or exiled or in any way destroyed nor will we go upon him nor send upon him except by the lawful judgment of his peers or by the law of the land."An officer seeking a search warrant should show that the informants information is credible. this in known as the: LG14 A. PC Affidavit B. basis of knowledge C. vetting the source D. writ of certiorieB. basis of knowledge The officer seeking the search warrant should also show that the informant's information is credible. This is known as "basis of knowledge." The officer can show the informant's credibility by showing that the informant personally observed or participated in the criminal activity or by showing the informant's detailed description of the activity. The officer can corroborate details of the informant's story to establish a "basis of knowledge."In Illinois v McCarthur, the Supreme Court held that police could detain the defendant on the front porch outside his home for _____ hours. LG14 A. 1 B. 2 C. 3 D. 4B. 2 In Illinois v. McArthur, 531 U.S. 326 (2001), the Supreme Court held that police could detain defendant on the front porch outside his home for two hours while they obtained a search warrant, when they had probable cause to believe that marijuana was hidden inside the home and that defendant would destroy this contraband if allowed to enter unescorted (the Court noted with favor that this detention lasted only long enough for police, acting with diligence, to obtain a warrant).A visitor who arrives at a residence where a search warrant is being served may: LG14 A. not be searched under any circumstances B. may be searched if there is sufficient evidence to connect the visitor to the criminal activities at the residence C. may be searched but not detained D. may be detained but not searchedB. may be searched if there is sufficient evidence to connect the visitor to the criminal activities at the residence a visitor who arrives at the premises while the warrant is being served may not be searched unless there is sufficient evidence to connect the visitor to the criminal activities at the residence. Sosa-Leon v. State, 848 So.2d 342 (Fla. 2d DCA 2003); Harris v. State, 792 So.2d 1246 (Fla. 5th DCA 2001).Which statement is true regarding search warrants? LG14 A. a warrant to search a building does not authorize a search of a vehicle B. a warrant to search a vehicle does not authorize a search of the building C. a defect in a description of the premises to be searched will not be fatal if the officer executing the warrant is able to ascertain the targeted premises with reasonable certainty D. all of the aboveD. all of the above A warrant to search a building does not authorize a search of a vehicle. A warrant to search a vehicle does not authorize a search of a building. A defect in a description of the premises to be searched will not be fatal if the officer executing the warrant is able to ascertain the targeted premises with reasonable certainty.An officer must execute a warrant within ____ days of its issuance. LG14 A. 5 B. 7 C. 10 D. 14C. 10 An officer must execute a search warrant within 10 days of its issuance (F.S. §933.05). Only the officer or officers mentioned in the warrant or persons aiding said officers may execute the warrant (F.S. §933.08).A warrant my be executed: LG14 A. only during daytime hours B. only during the weekends C. on Sunday if expressly stated in the warrant D. all of the aboveD. all of the above The warrant may be executed in the daytime or nighttime or even on Sunday if expressly stated in the warrant by the issuing judge (F.S. §§933.10, 933.11).The U.S. Supreme Court has held that an unannounced or forced entry was reasonable when there is a likelihood of violence or destruction of evidence. LG14 A. true B. falseA. true In two U.S. Supreme Court cases, Richards v. Wisconsin, 520 U.S. 385 (1997), and Wilson v. Arkansas, 524 U.S. 927 (1995), the Court held that "an unannounced or forced entry was reasonable under circumstances including a likelihood of violence or of imminent destruction of evidence."F.S.S. 901.21(1) provides for searches of a person and the area within the persons control when a lawful arrest is effected to: LG14 A. protect the officer from attack B. prevent the person from escaping C. discover the fruits of the crime D. all of the aboveD. all of the above Florida Statutes §901.21(1) provides for the search of a person and the area within the person's control when a lawful arrest is effected to: ·protect the officer from attack; ·prevent the person from escaping; or ·discover the fruits of the crime.Which statement is NOT true regarding searches without search warrant? LG 14 A. a search incident need not only be for weapons but can also be used to preserve evidence B. a persons cellphone may not be searched incident to arrest C. detainment for intoxication under the Marchman Act will support a search D. none of the aboveC. detainment for intoxication under the Marchman Act will support a search Detainment for intoxication under the Marchman Act is not a criminal arrest, and therefore will not support a search incident to arrest of the detainee. White v. State, 170 So. 3d 77 (Fla. 2d DCA 2015).Which statement IS TRUE regarding when police can conduct searches without search warrants? LG14 A. when they have reasonable belief that evidence is being or about to be destroyed B. when there a threat to public safety that may create exigent circumstances C. when the police come upon a homicide where there may be other victims inside the residence D. all of the aboveD. all of the above A threat to public safety may also create exigent circumstances justifying warrantless entry. In Barth v. State, 955 So.2d 1115 (Fla. 2d DCA 2006), two detectives were engaged in surveillance at a residence as part of an ongoing investigation of methamphetamine production and sales in the area. When police come upon the scene of a homicide, they may make a "prompt warrantless search of the area to see if there are other victims or if a killer is still on the premises." Mincey v. Arizona, 437 U.S. 385 (1978). However, there is no general "murder scene" exception to the warrant requirement, and police may not continue to search for evidence once the crime scene has been secured. Flippo v. West Virginia, 528 U.S. 11 (1999). When police have a reasonable belief that evidence is being or about to be destroyed, a warrantless entry may be permitted.Which statement IS TRUE regarding police searches without a search warrant? LG14 A. police cannot search luggage in the overhead compartment of a vehicle B. police cannot justify a search based on a drug-sniffing canine past the front door of a residence C. police can search abandoned property D. all of the aboveD. all of the above Given the special status accorded a citizen's home, a warrantless "sniff test" by a drug detection dog conducted just outside the front door of a private residence violated the Fourth Amendment. Jardines v. State, 73 So. 3d 34 (Fla. 2011). Abandoned property can be searched without a warrant. For example, in State v. Collins, 874 So.2d 724 (Fla. 2d DCA 2004), an officer attempted to grab defendant when he fled after an apparent drug deal. However, the officer was only able to get hold of defendant's jacket. Defendant "essentially ran out of his jacket, leaving it behind with the officer." Police could infer that defendant did not intend to return for the jacket and thus could search it without a warrant.Tampering with evidence is a: LG14 A. 1st degree misdemeanor B. 3rd degree felony C. 2nd degree misdemeanor D. 2nd degree felonyB. 3rd degree felony It is a felony of the third degree to alter, destroy, conceal, or remove evidence. F.S. §918.13. Placing drugs in one's mouth and swallowing them constitutes tampering with evidence. State v. Jennings, 666 So.2d 131 (Fla. 1995); E.I. v. State, 25 So.2d 625 (Fla. 2d DCA 2009).Which statement IS TRUE regarding consent to search? LG14 A. a suspect can give permission to search B. a 3rd party who possesses common authority over the premises to the or effects to be searched can consent to the search C. a search can be conducted based on consent by a person who does not have the right to give consent of the police believed the person had common authority D. all of the aboveD. all of the aboveWhich statement is NOT true regarding warrantless searches? LG14 A. when one of the occupants of an apartment gives consent but the other occupant refuses, the police can still conduct the search B. a landlord generally cannot give consent to search a tenants apartment C. consent can be rendered verbally or inferred from the actions of the person from whom the police seek permission D. all of the aboveA. when one of the occupants of an apartment gives consent but the other occupant refuses, the police can still conduct the search When one co-occupant of a residence consents to a search, but another co-occupant is also physically present and expressly objects to the search, then any subsequent search and seizure is unreasonable and invalid as to the objecting party. Georgia v. Randolph, 547 U.S. 103 (2006).In determining what constitutes the curtilage of a house, which of the following is NOT a factor that the courts look to analyze: LG14 A. the area is used for intimate activity associated with the sanctity of a man's house B. whether the area is closed by a fence or a hedge C. whether the area can be seen from the roadway in front of the residence D. the measures taken by the resident to guard the area from observation by people passingC. whether the area can be seen from the roadway in front of the residence Courts look to see if the area is used for the "intimate activity associated with the sanctity of a man's home and the privacies of life." The analysis employed by courts entails an examination of four factors: the proximity of the area claimed to be curtilage to the home; whether the area is enclosed, for example, by a fence or hedge; the types of activities for which the homeowner uses the area; the measures taken by the resident to guard the area from observation by people passing by.The courts have ruled that people cannot maintain a reasonable expectation of privacy as to items placed in an open field or activities conducted there. LG14 A. true B. falseA. true In contrast, courts have said that people cannot maintain a reasonable expectation of privacy as to items placed in open fields, or concerning activities conducted there. Because there is no intrusion on a constitutionally protected zone of privacy, the Fourth Amendment is not implicated when law enforcement officials survey structures found, or activities conducted, in an open field. Because the Fourth Amendment does not protect open fields, the examination of objects therein does not constitute a search, and neither a warrant, nor any exception to the warrant requirement, need be shown to justify the seizure of articles in an open field.Which of these statements IS TRUE regarding electronic surveillance searches? LG14 A. use of night scope may not be a search requiring a warrant B. using electronic surveillance such as wiretapping will require a warrant C. use of a pen register or device that records numbers dialed on a telephone does not require a search warrant D. all of the aboveD. all of the above Use of a night scope, under certain circumstances, may not be a search requiring a warrant (Newberry v. State, 421 So.2d 546 (Fla. App. 1982)). Use of binoculars to confirm defendant's growing of marijuana did not constitute a search (Bernsteil v. State, 416 So.2d 827, 829 (1982)). Electronic surveillance, such as wiretapping, will be subject to very strict compliance with a valid search warrant and the wiretap statute, Chapter 934 (Larzelere v. State, 676 So.2d 394 (Fla. 1996),). Use of a pen register (a device that records the numbers dialed on a telephone) is not a search and therefore does not violate the Fourth AmendmentWhich of these statements IS TRUE regarding electronic surveillance searches? LG14 A. admission of historical cell phone site evidence doesn't require a search B. drones equipped with image recording devices may not ne used to conduct a search C. the use of cell phone towers to track a suspect requires a search warrant D. all of the aboveD. all of the above The government's acquisition from wireless carriers of defendant's historical cell-site location information (CSLI) was a search under the Fourth Amendment. Per Florida statute, a person, a state agency, or a political subdivision may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent.Under the plain view doctrine, which of the following is criteria that must be met for the warrantless seizure of a piece of evidence plain view? LG14 A. the evidence must be seen from lawful vantage point B. the evidence must be immediately apparent to the viewer that the object observed is incriminating evidence C. the officer must have a right of lawful access to the object itself D. all of the aboveD. all of the above Under the plain view doctrine, the warrantless seizure of a piece of evidence that is in plain view is permissible when three criteria are met. First, the evidence must be seen from a lawful vantage point, i.e., the officer must have a legal justification for his place of observation. Second, it must be immediately apparent to the viewer that the object observed is incriminating evidence. In other words, the observing officer must have probable cause to believe the evidence in question is contraband or incriminating evidence and should need no further investigation of the object or item in question to realize its evidentiary value. Finally, the officer must have a right of lawful access to the object itself. Horton v. California, 496 U.S. 128 (1990); Rimmer v. State, 825 So.2d 304 (Fla. 2002); Young v. State, 207 So. 3d 267 (Fla. 2d DCA 2016).The courts have ruled that the smell of an odor of marijuana smoke emanating from a vehicle that the driver recently exited does not require a search warrant. LG14 A. true B. falseA. true By analogy, the plain view doctrine has been expanded to include a "plain smell" corollary—see State v. Betz, 815 So.2d 627 (Fla. 2002), finding that the odor of marijuana—burnt or unburnt—emanating from a car (or a driver who recently exited his car) is sufficient probable cause to justify a search of the entire car, including passenger compartment and the trunk. -Under the plain view doctrine, the warrantless seizure of a piece of evidence that is in plain view is permissible when three criteria are metThe U.S. Supreme Court has held that the police do not need a warrant to seize narcotics while searching for concealed weapons as long as: LG14 A, the contraband is instantly recognizable by plain feel B. part of a protective pat-down for weapons justified on a reasonable suspicion that the person is armed and dangerous C. the contraband nature of the article must be immediately obvious to the police officer D. all of the above element must be presentD. all of the above element must be present The U.S. Supreme Court case Minnesota v. Dickerson, 508 U.S. 366 (1994), held that police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as the contraband is instantly recognizable by "plain feel." The search must be part of a protective pat-down for weapons justified on the basis of a reasonable suspicion that a suspect is armed and dangerous, and the contraband nature of the object must be immediately obvious to the police officer.Which of these statements is TRUE regarding searches? LG14 A. a school principal or designees can search a students locker if they have reasonable suspicion that a prohibited or illegally possesses substance or object is contained in the locker B. a warrantless search of a person on probation or parolee and his residence can be permissible under the conditions of his parole C. a warrantless search of a person on probation or parole does not extend to a criminal proceeding D. all of the aboveD. all of the above -Under F.S. §232.256(2), the principal of a public school (or a school employee designated by the principal) has the authority to search a student's locker if he or she has a reasonable suspicion that a prohibited or illegally possessed substance or object is contained within the locker. -Warrantless search of a person or his residence by his parole officer can be made a condition of his parole. Persons in prison and on parole do not have the full constitutional protections. -However, the results of the warrantless search are limited to parole proceedings and cannot be used in a criminal proceeding Soca v. State, 673 So.2d 24 (Fla. 1996)Which of these statements IS TRUE regarding the Exclusionary Rule? LG14 A. the U.S. Supreme Court in Weeks V U.S. (1914) prohibited the Federal government from making illegal searches B. the U.S. Supreme Court in Berdeau v McDonald ruled that 4th Amendment was a limitation on searches upon the federal government only C. the states were not including from making illegal searches until Mapp v. Ohio (1961) which was called the Exclusionary Rule D. all of the aboveD. all of the above The U.S. Supreme Court in Weeks v. U.S., 232 U.S. 383 (1914) prohibited the Federal government from making illegal searches. States were not included until Mapp v. Ohio, 367 U.S. 643 (1961), although most states had adopted laws of their own prohibiting illegal searches and seizures. The rule adopted in Mapp was called the "Exclusionary Rule." Also see Elkins v. U.S., 364 U.S. 206 (1960). Until Mapp, states often gave what would not have been admissible evidence under Federal guidelines to federal authorities and federal authorities often gave the state law enforcement agencies evidence which may not have been admissible under state law (handed to them on a "silver platter").In U.S. v Leon (1984) the Supreme Court provided that when illegally seized evidence was acquired pursuant to a defective warrant, but the officer had a reasonable objective good faith belief that the warrant was valid, the evidence was admissible. this became known as: LG14 A. the Poison Tree Exception Rule B. the Good Faith Exception to the Exclusionary Rule C. the warrant exception rule D. the Good Faith Evidence RuleD. the Good Faith Evidence Rule The Supreme Court in U.S. v. Leon, 486 U.S. 897 (1984), provided that where illegally seized evidence was acquired pursuant to a defective warrant but an officer had a reasonably objective good faith belief that the warrant was valid, the evidence was admissible. This was called the "Good Faith Exception" to the "Exclusionary Rule." In Arizona v. Evans, 514 U.S. 1 (1995),In Nix v Williams, the Supreme Court ruled that if the prosecution can establish by _____ that the information would have ultimately or inevitably would have been discovered by lawful means than the deterrence rational has so little basis that the evidence should be received. LG14 A. PC to believe B. preponderance of the evidence C. reasonable and justifiable belief D. reasonable suspicionB. preponderance of the evidence "If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means then the deterrence rationale has so little basis that the evidence should be received." Nix v. Williams, 467 U.S. 431 (1984).In which of these cases can a police officer stop the driver of an automobile? LG15 A. if there is a suspected violation of the vehicle and state law B. where the officer has reasonable suspicion that the cars occupants have been, are presently, or about to engage in conduct whish is a violation of the law C. when a cracked windshield renders the vehicle unsafe D. all of the aboveD. all of the above An officer can stop a vehicle for one of two reasons: (1) If there is a suspected violation of the vehicle and traffic laws. (2) Where the officer has a reasonable suspicion that the car's occupants have been, are presently, or are about to engage in conduct which is in violation of the law. A cracked windshield justifies a stop of a vehicle only if the crack renders the vehicle in such unsafe condition as to endanger any person or property. Hilton v. State, 961 So. 2d 284 (Fla. 2007).Which statement is NOT true regarding the searches without warrants? LG15 A. upon showing PC, police can search a mobile home in a public place if it is being used for transportation B. police cannot search a mobile home without a warrant if it is being used as a residence C. police cannot place a GPS tracker on a vehicle without a warrant D. none of the above. none of the above Upon a showing of probable cause, police can make a warrantless search of a mobile home in a public place, if it is being used for transportation rather than as a residence. In making this determination, officers should consider the location of the mobile home, whether it is truly mobile (or, for example, on blocks); whether the motor home is licensed; whether it is connected to utilities; and whether it has convenient access to a public road. -The U.S. Supreme Court found that installation of a GPS device, and the subsequent use of that device to monitor the vehicle's movements, constitutes a "search" within the meaning of the Fourth Amendment.Which statement is true regarding court decisions on the legal use of roadblocks and checkpoints? LG15 A. police can stop vehicles when using an official police roadblock or checkpoint to remove drunk drivers from the road or enforce other traffic safety laws B. police cannot stop vehicles for the primary purpose of uncovering evidence of ordinary criminal wrong doing which could include drug checkpoints C. police can stop vehicles to ask persons for help as members of the public in providing information about a crime in all likelihood committed by others D. all of the aboveD. all of the above Police can stop vehicles when using an official police roadblock or checkpoint to remove drunk drivers from the road or enforce other traffic safety laws. In Michigan Dep't of State Police v. Sitz, 496 444 (1990), -City of Indianapolis v. Edmond, 531 U.S. 32 (2000), the U.S. Supreme Court found that roadblocks and checkpoints conducted for the "primary purpose" of "uncover[ing] evidence of ordinary criminal wrongdoing" violate the Fourth Amendment. -The Court found that the primary purpose of this checkpoint was not to determine whether the motorists stopped had committed a crime, but to ask for their help as members of the public in providing information about a crime in all likelihood committed by others.In Wrens V. U.S., the Supreme Court overruled the ______, noting that police officers can use a traffic infraction as justification to stop a vehicle where the officer is really interested in searching for a more serious crime. LG15 A. Exclusionary Rule B. Reasonable Officer test C. Poison Tree Doctrine D. Plain View Doctrine testB. Reasonable Officer test The Court found that the primary purpose of this checkpoint was not to determine whether the motorists stopped had committed a crime, but to ask for their help as members of the public in providing information about a crime in all likelihood committed by others.Which of these statements is NOT true regarding the actions a police officer can take once the officer makes a valid stop of an automobile? LG15 A. the officer can order the driver to turn off the ignition and step out of the car B. the officer cannot frisk the driver and other occupants unless the officer has a reasonable suspicion that they are armed C. upon completing his business for the reason the vehicle was originally stopped, the officer can still detain the driver and occupants in order to conduct a more thorough search for evidence of a crime D. all of the aboveC. upon completing his business for the reason the vehicle was originally stopped, the officer can still detain the driver and occupants in order to conduct a more thorough search for evidence of a crime The driver can be ordered to turn off his or her ignition and step out of the car. Once outside, the driver can be required to produce his or her license, registration and insurance card. However, the officer cannot frisk the driver or other occupants unless he or she has a reasonable suspicion that they are armed. After the driver produces the proper identification and answers any proper questions, and the officer completes the business for which the vehicle was originally stopped, the officer cannot detain the driver or other occupants of the car any further unless the officer discovers criminal conduct, OR the driver or passengers consent to further detentionWhich of these statements IS TRUE regarding the actions a police officer can take with occupants of a vehicle that he lawfully stopped? LG15 A. the officer can open the passenger door and order the passengers out of the vehicle B. the officer can request identification from the occupants of the vehicle C. the officer can pat down the occupants if he has a reasonable suspicion the occupants may be armed and dangerous D. all of the aboveD. all of the above With respect to occupants of the vehicle other than the driver, a police officer can open the passenger door and order the passengers out of the vehicle. Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997). He can also request identification from them. Bratcher v. State, 727 So.2d 1114 (Fla. 5th DCA 1999). An officer may pat-down a passenger during a traffic stop only if there is reasonable suspicion to believe the passenger may be armed and dangerous. Arizona v. Johnson, 555 U.S. 323 (2009). In Presley v. State, 227 So. 3d 95 (Fla. 2017), the Florida Supreme Court held that, as a matter of course, law enforcement officers may detain a vehicle's passengers and prevent them from leaving the scene for the reasonable duration of a traffic stop without violating the Fourth Amendment.There is a conflict in the Florida circuit courts as to whether or not a passenger can be ordered to remain in a vehicle during a traffic stop. LG15 A. true B. falseA. true Have to find in Guild LinesA warrantless search of a vehicle can be made of a car, its truck, and any containers in the car, when there is _______ to believe the automobile contains contraband, a weapon, or evidence of a crime. LG15 A. reasonable suspicion B. PC C. sufficient circumstances D. a justifiable alarmB. PC (1) A warrantless, valid search may be made of a car and any containers within, when there is probable cause to believe that the automobile contains contraband, a weapon, or evidence of a crime. Under these circumstances a search may be made of the entire vehicle, including the trunk, locked or unlocked containers and locked glove compartment (Carroll Doctrine from Carroll v. U.S., 267 U.S. 132 (1925), and U.S. v. Ross, 456 U.S. 798 (1982))According to Arizona v. Grant, when may an officer search the passenger compartment of the vehicle incident to arrest except? LG15 A. when the arrest is out of the vehicle but within reaching distance of the passenger compartment at the time of the search B. when the officer has a suspicion that the vehicle contains evidence of the offence of arrest C. when the officer has handcuffed the arrestee and placed him in their patrol vehicle D. none of the aboveA. when the arrest is out of the vehicle but within reaching distance of the passenger compartment at the time of the search (2) In the case of Arizona v. Gant, 556 U.S. 332 (2009), when an officer arrests the driver of or a passenger in a vehicle, the officer may search the passenger compartment of the vehicle incident to the arrest only if: ·the arrestee is within "reaching distance" of the passenger compartment at the time of the search, or ·it is reasonable to believe the vehicle contains evidence of the offense of arrest. -If the arrestee has already been handcuffed and placed in the back of a patrol car, then a search of the vehicle is no longer justified because the arrestee is no longer capable of accessing any weapon potentially hidden inside, unless police reasonable expect to find evidence of the crime for which the arrest was made in the vehicleWhich of these statements is TRUE regarding court rulings on k9 searches? LG15 A. the 4th Amendment does not require that police have reasonable, articulable, suspicion of criminal activity before allowing a well-trained narcotics dog to sniff the exterior of a vehicle during a lawful traffic stop, as long as it does not extend the duration of the stop B. police cannot extend a lawful traffic stop in order to conduct a dog sniff absent reasonable suspicion that there is contraband in the vehicle C. to meet the burden that a police officer had a reasonable basis for believing a dog to be reliable to establish PC, the State must present the dogs training and certificate records D. all of the aboveD. all of the above The Fourth Amendment does not require that police have a reasonable, articulable suspicion of criminal activity before allowing a well-trained narcotics detection dog to sniff the exterior of a vehicle during a lawful traffic stop, as long as this does not extend the duration of the stop. Illinois v. Caballes, 543 U.S. 405 (2005). Police may not extend an otherwise completed traffic stop in order to conduct a dog sniff, absent reasonable suspicion that there is contraband in the vehicle. -To meet its burden of establishing that a police officer had a reasonable basis for believing a dog to be reliable to establish probable cause, the State must present the training and certification records, an explanation of the meaning of the particular training and certification of that dog, field performance records, and evidence concerning the experience and training of the officer handling the dog,Where police have PC to believe that an automobile used in connection with drug trafficking's is contraband subject top civil forfeiture, the 4th Amendment requires that they obtain a warrant to seize the vehicle from a public place? LG16 A. true B. falseB. false Where police have probable cause to believe that an automobile used in connection with drug trafficking is contraband subject to civil forfeiture, the Fourth Amendment does not require that they obtain a warrant to seize the vehicle from a public place.Under this doctrine, police do not need PC to recover evidence found during a time the officer is rendering assistance to individuals in need of securing a suspects rights or property. LG18 A. The Good Samaritan Doctrine B. The Good Faith Doctrine C. The Caretaker Doctrine D. The Plain View DoctrineC. The Caretaker Doctrine . The "Caretaker Doctrine" also applies to certain acts performed by police to secure a suspect's rights or property. The Courts will examine the reasonableness of any such act. However, probable cause is not necessary. Evidence that is found during such acts will be admissible.Who is NOT authorized to make service of process? LG19 A. the Sheriffs and deputies in the county where the process is being served B. process servers approved by the Sheriff C. Municipal law enforcement officers in the county where the process is being served D. none of the aboveC. Municipal law enforcement officers in the county where the process is being served Persons authorized to serve papers include the sheriff or deputies in the county where the person to be served is located or any competent person appointed by the Court (F.S. §48.021; Fla.R.Civ.P. 1.070(b)).For defendants in custody, formal charges must be files within ______ days. LG20 A. 30 B. 45 C. 60 D. 90A. 30 For defendants in custody, formal charges must be filed within 30 days from the arrest date or from the date of service of a capias for arrest. If no charges are filed, on the 30th day shall order: ·the automatic release of the defendant on the 33rd day; or ·with a showing of good cause by the State, order release on the 40th day.A defendant shall not remain in custody more than _____ days without being formally charged. LG20 A.30 B. 40 C. 45 D. 60B. 40 A defendant shall not remain in custody beyond 40 days without being formally charged (Fla.R.Crim.P. 3.134). For defendants not held in custody, F.S. §932.63 provides that the prosecutor shall file charges within 30 days. If the prosecutor fails to file, the cause shall be dismissed.Which of these statements IS TRUE regarding indictments. LG20 A. an indictment is returned by a grand jury after it convenes to hear evidence against the defendant B. an indictment is mandatory in all capital crimes and discretionary for any other crimes C. a grand jury may indict for any offense, but the indictment must be specific as to the allegation D. all of the aboveD. all of the above An indictment is returned by a grand jury after the grand jury convenes to hear evidence against the defendant. An indictment is mandatory in all capital crimes and discretionary for any other crime. A grand jury may indict for any offense. The indictment must be specific as to the allegation.A document filed by the prosecution affirming institution of the prosecution of the defendant is called? LG20 A. an affidavit B. an information C. a court summons to arrest D. a court notice to appearB. an information An information is a document filed by the prosecution affirming in good faith institution of the prosecution of the defendant. An information is required for all prosecutions in circuit or county court, except where an indictment is returned (F.S. §932.47; Fla.R.Crim.P. 3.140(a)).The speedy trail period for misdemeanors is ____ days. LG20 A. 30 B. 45 C. 90 D. 120C. 90 The speedy time period for misdemeanors is 90 days. The time period for felonies is 175 days. If a felony and misdemeanor are consolidated for hearing in circuit court the time period is 175 days from arrest.The speedy trail period for felonies is ____ days. LG20 A. 90 B. 120 C. 175 D. 180C. 175 The speedy time period for misdemeanors is 90 days. The time period for felonies is 175 days. If a felony and misdemeanor are consolidated for hearing in circuit court the time period is 175 days from arrest.For Fresh Pursuit to apply: LG21 A. the police must act without unnecessary delay B. the pursuit must be continuous and without interruption C. there must be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect D. all of the aboveD. all of the above For fresh pursuit to apply, (i) the police must act without unnecessary delay, (ii) the pursuit be continuous and uninterrupted, and (iii) there be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect. Porter v. State, supra; State v. Gelin, 844 So.2d 659 (Fla. 3d DCA 2003).If an arrest is made in this State by an officer outside the county within which his jurisdiction lies, the officer shall immediately notify: LG22 A. the magistrate judge of that jurisdiction B. the state of attorney of his own jurisdiction C. the state attorney of the jurisdiction in which the arrest is made D. the officer in charge of the jurisdiction in which the arrest is madeD. the officer in charge of the jurisdiction in which the arrest is made If arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the officer in charge of the jurisdiction in which the arrest is made. Such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a trial court judge of the county in which the arrest was made without unnecessary delay. F.S. §901.25(2).A final order of detention must be issued within ______ hours of the detention hearing. LG22 A. 24 B. 48 C. 72 D. 96A. 24 A final order of detention must be issued within 24 hours of the hearing (F.S. §907.041(4)(d); Fla.R.Crim.P. 3.132).A defendant in custody, who was charged with an offense, shall have a non-adversary PC hearing within ____ hours of his arrest. LG22 A. 24 B. 48 C. 72 D. 96B. 48 A defendant in custody, who was charged with an offense, shall have a non-adversary probable cause hearing within 48 hours of his arrest; provided the hearing will not be required where a probable cause determination was previously made by a judge for an arrest warrantA defendant, either in custody or not, who is not charged with an offense within _______ days from the date of arrest or service of capias shall have the right to an adversary hearing on any pending felony charge. LG22 A. 21 B. 30 C. 45 D. 60A. 21 A defendant, either in custody or not in custody, who is not charged with an offense within 21 days from the date of arrest or service of a capias shall have the right to an adversary hearing on any pending felony charge.A defendant may not be detrained for more than _____ days prior to trail unless a trail delay is requested by the defendant. LG22 A. 21 B. 30 C. 60 D. 90D. 90 A defendant may not be detained for more than 90 days prior to trial unless a trial delay is requested by the defendant (Fla.R.Crim.P. 3.132(d)). The release of the defendant is subject to conditions of release in the Court's discretion under Fla.R.Crim.P. 3.131.For defendants in custody, formal charges must be filed within ____ days from the arrest date or date of service of a capias for arrest. LG22 A. 21 B. 30 C. 45 D. 60B. 30 For defendants in custody, formal charges must be filed within 30 days from the arrest date or from the date of service of a capias for arrest. If no charges are filed, on the 30th day shall: ·order the automatic release of the defendant on the 33rd day; or ·with a showing of good cause by the State, order release on the 40th day.A defendant shall not remain in custody beyond _____ days without being formally charged. LG22 A. 21 B. 30 C. 40 D. 45C. 40 A defendant shall not remain in custody beyond 40 days without being formally charged (Fla.R.Crim.P. 3.134).A consensual encounter involves no: LG9 A. coercion B. detention C. arrest of seizure D. all of the aboveD. all of the above A consensual encounter is a mere contact and involves no coercion, no detention and therefore no arrest or seizure (i.e., the citizen has consented to the encounter).The objective test in a consensual encounter is: LG9 A. whether a reasonable person would think he or she were free to go B. whether the encounter lasted a duration of time more than 5 minutes C. whether the officer was accompanied by more than 1 other officer D. all of the aboveA. whether a reasonable person would think he or she were free to go The objective test in a consensual encounter is whether a reasonable person would think he or she were free to go.Which of these statements IS TRUE regarding encounters and seizures? LG9 A. reading the Miranda rights to a person does not automatically transform a consensual encounter into a seizure B. activation of police lights is an important factor to be considered in a totality-basis analysis of whether a seizure under the 4th Amendment occurred C. the reading of Miranda Rights might add to the coercive nature of an encounter D. all of the aboveD. all of the above Reading a person the Miranda rights does not automatically transform a consensual encounter into a seizure. However, because the reading of the warning might add to the coercive nature of an encounter under at least some circumstances, that is a factor to be considered in evaluating the totality of circumstances surrounding a stop. Caldwell v. State, 41 So. 3d 188 (Fla. 2010). Activation of police lights is one important factor to be considered in a totality-based analysis of whether a seizure under the Fourth Amendment had occurred. G.M. v. State, 19 So.3d 973 (Fla. 2009).Where police have _______ to believe that an automobile used in connection with drug trafficking is contraband subject to civil forfeiture, the 4th Amendment does not require that they obtain a warrant to seize the vehicle from a public place. LG16 A. reasonable suspicion B. just cause C. PC D. reasonable beliefC. PC Where police have probable cause to believe that an automobile used in connection with drug trafficking is contraband subject to civil forfeiture, the Fourth Amendment does not require that they obtain a warrant to seize the vehicle from a public placeUnder the concept of the _____ certain acts performed by the police to secure a suspects rights or property are lawful and any evidence from those acts may be admissible in court if the officers actions were deemed reasonable. LG18 A. Poisonous Tree B. Caretaker Doctrine C. Abandoned Evidence Clause D. Civil and Criminal Forfeiture LawB. Caretaker Doctrine The "Caretaker Doctrine" also applies to certain acts performed by police to secure a suspect's rights or property. The Courts will examine the reasonableness of any such act. However, probable cause is not necessary. Evidence that is found during such acts will be admissible.Which of the following statements IS TRUE regarding the Florida Residential Landlord and Tenant Laws? LG25 A. a landlord may not prevent entry into the property by changing the locks unless the tenant has been legally evicted B. a gratuitous guest may be removed for any reason by the owner of the property or possessor of the property C. a tenant who occupies the property pursuant to an agreement may only be removed from the property pursuant to civil action even if the tenant has failed to live up to the terms of the agreement D. all of the aboveD. all of the above -Be aware that a tenant has a right to enter the premises until legally evicted, and a landlord may not prevent entry by changing the locks. F.S. §83.67(2). -A gratuitous guest occupies and uses the premises without any sort of agreement (either oral or written) and without providing anything in return for the right to remain. A gratuitous guest may be removed for any reason by the owner or possessor of the property. However, a tenant who occupies the property pursuant to an agreement may only be removed pursuant to civil action, even if the tenant has failed to live up to the terms of the agreement.Unless otherwise agreed, a secured party has the right, upon default, to take possession of collateral (often a vehicle) without judicial process, as long as this can be done: LG26 A. in the presence of an officer B. without a breach of the peace C. during normal business hours D. all of the aboveB. without breach of peace Unless otherwise agreed, a secured party has the right, upon default, to take possession of collateral (often a vehicle) without judicial process, as long as this can be done without breach of the peace. F.S. §679.609;