Term
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Definition
| the body of law formed by the decisions of the court system (the judicial branch). These court-imposed decisions are based on the court's interpretation of constitutional provisions, and they clarify the meaning of a statute or rule as applied to a specific set of facts |
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Term
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Definition
| ...pertains to legal action a person takes to resolve a private dispute with another person |
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Term
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Definition
| ...defines the form of government we as Americans have established for ourselves; the Constitution defines our representational governments and its three-branch structure (executive, legislative, and judicial) |
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Term
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Definition
| Within statutory law, some provisions define unacceptable behaviors and government prosecution of those who commit them. These must clearly describe the unacceptable behavior and set a punishment for it. |
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Term
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Definition
| Statutes enacted by a municipal (city) or county government |
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Term
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Definition
| written laws enacted by Congress, state legislators, or local governing authorities in response to a perceived need to clarify the function of government. These laws include civil, criminal, administrative, and regulatory laws |
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Term
| history of the American legal system |
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Definition
| based primarily on the English common law. As societies became more complicated, written laws were necessary to maintain order. The rules of the society, which were developed naturally, were codified by being written down. |
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Term
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Definition
Constitutional law
statutory law
ordinances
criminal law
case law
civil law |
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Term
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Definition
| No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny any person within its jurisdiction of the equal protection of the laws |
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Term
| the importance of the US Constitution to law enforcement officers |
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Definition
| The Constitution protects individuals from governmental abuse of power and defines law enforcement's authority to act |
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Term
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Definition
| According to the US Constitution, all people stand equal before the law and therefore share certain rights. These rights, such as freedom of speech, protection against unreasonable searches and seizures, and prohibition of cruel and unusual punishment, are described in the first ten amendments of the Constitution |
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Term
| basic concepts incorporated in the US Constitution |
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Definition
| The US Constitution sets parameters within which the government operates and establishes laws. The decisions of the US Supreme Court and other appeals courts resolve issues or conflicts which arise under the Constitution |
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Term
| the purpose of the Articles of the Constitution |
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Definition
| In order to form a contract between the people of the United States and the United States government that spells out the responsibilities and authority of the three branches of government |
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Term
| The Supremacy of the US Constitution |
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Definition
| Set forth in Article IV, the supremacy clause states that when laws conflict, federal law generally overrules state and local law. |
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Term
| the purpose of the Amendments to the Constitution |
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Definition
| to ensure that individual rights are not infringed upon by the government |
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Term
| the key aspects of the First Amendment |
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Definition
| protects freedoms of speech, press, peaceful assembly, and religion |
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Term
| the key aspects of the Second Amendment |
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Definition
| guarantees the right to bear arms |
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Term
| the key aspects of the Fourth Amendment |
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Definition
| prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge) |
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Term
| the key aspects of the Fifth Amendment |
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Definition
| best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law |
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Term
| the key aspects of the Sixth Amendment |
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Definition
| guarantees the right to a speedy and public trial, counsel, an impartial jury, to be informed of the nature of the charges, and to confront witnesses |
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Term
| the key aspects of the Eight Amendment |
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Definition
| prohibits excessive bails and fines and cruel and unusual punishment |
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Term
| the key aspects of the Fourteenth Amendment |
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Definition
| expanded the application of the Bill of Rights to state and local governments as well |
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Term
| How case law directs a law enforcement officer's actions |
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Definition
| The rules under which law enforcement officers operate are constantly changing based upon changes in statutes and the case law interpreting those statutes. Violating case law holdings may have the same consequences as violating statutory law. When an officer violates these principles, he or she may risk exclusion of evidence at trial, case dismissal, administrative discipline, civil liability, and criminal prosecution |
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Term
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Definition
| broadly describes acts that are punishable under Florida law |
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Term
| the classification and category of a criminal offense |
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Definition
| criminal offenses are punishable by incarceration and classified as either felony or misdemeanor. |
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Term
| the relevant facts for use in classifying a criminal or noncriminal offense |
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Definition
| Noncriminal offenses, or civil infractions, are punishable by fines or something other than incarceration. Criminal offenses violate criminal statutory law and are punishable by incarceration |
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Term
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Definition
| any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for one year or more |
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Term
| the levels of felony offenses |
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Definition
Capital felony
Life felony
Felony 1st Degree
Felony 2nd Degree
Felony 3rd Degree |
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Term
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Definition
| any criminal offense with a maximum incarceration penalty in a county jail up to one year |
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Term
| levels of misdemeanor offenses |
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Definition
Misdemeanor 1st Degree
Misdemeanor 2nd Degree |
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Term
| Noncriminal violation/civil infraction |
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Definition
| an offense for which the only penalty may be a fine, forfeiture, or other civil penalty |
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Term
| municipal/county ordinance violation |
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Definition
| municipalities or counties may enact ordinances or local regulations for the protection and well being of its citizens and property |
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Term
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Definition
| Death or life imprisonment in a state correctional facility without possible parole |
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Term
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Definition
| 40 years to life imprisonment, $15000 fine, or both |
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Term
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Definition
| 30 years and, in some cases, life imprisonment, $10000 fine, or both |
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Term
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Definition
| 15 years imprisonment, $10000 fine, or both |
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Term
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Definition
| 5 years imprisonment, $5000 fine, or both |
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Term
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Definition
| Imprisonment in a county correctional facility for up to 1 year, $1000 fine, or both |
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Term
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Definition
| Imprisonment of up to 60 days, $500 fine, or both |
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Term
| Noncriminal offense/civil violation |
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Definition
| $500 fine, forfeiture, or other civil penalty. an infraction or violation |
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Term
| Municipal/County Ordinance Violation |
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Definition
| Civil penalty of up to $500 or imprisonment of up to 60 days, or both. can be civil or criminal |
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Term
| Constitutional guarantees related to search and seizure |
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Definition
| the Fourth Amendment prohibits searches and seizures unless they are conducted with probably cause and under reasonable circumstances |
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Term
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Definition
| when the government intrudes into a place where a person has a reasonable expectation of privacy. Government + Intrusion + REP |
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Term
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Definition
| occurs when the government affects a person's right to have or control his or her property, usually by physically taking it |
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Term
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Definition
| a court order that authorizes law enforcement to conduct a search and seizure |
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Term
| legal requirements of a search warrant |
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Definition
| first, it most be authorized and signed by a neutral magistrate or judge. The warrant must be based on an affidavit that states suficient facts to establish probable cause that evidence of a crime will be found in the place to be searched. The basis of the information in the affidavit must come from reliable sources. the existence of probably cause will be determined based on the totality of circumstances. The search warrant must particularly describe the person or place to be searched--including directions. It must also describe in detail the person or items to be seized. Officers must connect the seized items to criminal activity |
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Term
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Definition
| The Supreme Court has ruled that evidence obtained by the government in violation of the Constitution cannot be used as evidence in court |
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Term
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Definition
| If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted |
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Term
| exceptions to the search warrant requirement |
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Definition
requiring probable cause:
plain view
mobile conveyance
destruction of evidence
fresh pursuit
emergency scene
requiring less than probable cause:
stop and frisk
incident to arrest
consent
inventory
administrative searches |
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Term
| abandoned property exception to the search warrant requirement |
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Definition
| not technically a search because the person does not have a reasonable expectation of privacy in the place to be searched. example: trash on the side of the road |
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Term
| open fields doctrine as an exception to the search warrant requirement |
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Definition
| not technically a search because the person does not have a reasonable expectation of privacy in the place to be searched. example: an open field on someone's property where a person does not have a REP. depends on the steps that person has taken to gain that REP |
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Term
| plain view exception to the search warrant requirement |
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Definition
| Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause to believe the item is contraband or crime evidence |
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Term
| the probably cause search of a conveyance exception to the search warrant requirement |
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Definition
| Carroll Doctrine: Courts have held that it is not a search to use a certified police K-9 to detect odors of controlled substances by walking the dog around the exterior of the car |
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Term
| exigent circumstances exception to the search warrant requirement |
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Definition
| if an officer has probable cause to believe that contraband or evidence is in immediate danger of being destroyed, the officer does not need to obtain a search warrant before seizing the contraband or evidence |
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Term
| Terry frisk as an exception to the search warrant requirement |
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Definition
| Terry v Ohio, a law enforcement officer may search the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed. A frisk or pat down is not a full search, but is simply patting down outer clothing for weapons. The two elements necessary for a lawful pat down or frisk are (1) the subject is lawfully detained, and (2) the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon |
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Term
| the plain feel doctrine as an exception to the search warrant requirement |
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Definition
| the scope of the frisk is limited to a pat down of outer clothing, containers, and property being carried by the subject-- not limited to the body of the subject, passenger compartments and glove boxes may be good. An officer who conducts a valid stop and frisk, and in the process feels an item he or she readily recognizes as contraband, may seize that contraband. This rule allows the officer to seize contraband even if it does not feel like a weapon. |
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Term
| search incident to arrest exception to the search warrant requirement |
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Definition
| when a person is lawfully arrested and taken into custody, he or she may be searched without a warrant. 1--the need to disarm the suspect 2--the need to preserve evidence for later use at trial. May include a strip search under certain circumstances |
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Term
| consent exception to the search warrant requirement |
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Definition
| it the consent is knowing and voluntary and the person giving consent has authority to do so, then the search is valid, and any evidence obtained can be used in court |
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Term
| vehicle inventory exception to the search warrant requirement |
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Definition
| inventory searches are not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft. This is a written list of all valuable property in a vehicle. This search is only appropriate if the vehicle is impounded. Requires a written department policy that spells out when and how the inventory search must be done. The search must occur at about the same time as the imooundment of the vehicle, and it must be done in compliance with the written department policy |
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Term
| importance of regulatory/administrative searches |
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Definition
| do not require a warrant due to the setting or special conditions. Searches of this type include students, public schools, people in government offices, government property (such as desks, lockers, and vehicles), persons engaged in certain businesses or licensed activities, and persons on probation or parole. Usually not conducted by law enforcement personnel. |
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Term
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Definition
| the range of constitutional searches is limited to the items being searched. Once the items are found, the search must stop. |
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Term
| items that may be seized after a lawful search |
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Definition
dangerous weapons
fruits of the crime--things a criminal receives as a result of committing a crime
instruments of the crime--things a criminal uses to commit a crime
contraband--an illegal possession due to the nature of the item, the amount, the person, or the type of activity for which the item is being used
evidence relevant to proving the commission of a felony
items defined by statute (search and inspection warrants)
suspects |
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Term
| the Florida Forfeiture and Contraband Act |
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Definition
| Florida Statute 932.701 gives law enforcement agencies the authority to seize and forfeit certain property known as contraband articles. Contraband articles include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity. The government may then sell the property at auction or use the property for law enforcement purposes. |
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Term
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Definition
| the enclosed space of ground and outbuildings immediately surrounding a structure or someone's home |
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Term
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Definition
| certain emergencies such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrantless entry. If an officer has probable cause to believe that contraband or evidence is in immediate danger of being destroyed, the officer does not need to obtain a search warrant before seizing the contraband or evidence. |
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Term
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Definition
| a civil proceeding wherein the law enforcement agency asks the court to transfer ownership of the property from the defendant to the government |
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Term
| the four standards of legal justification common to law enforcement |
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Definition
| mere suspicion, reasonable suspicion, probable cause, proof beyond a reasonable doubt |
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Term
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Definition
| 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. It involves no coercion and no detention, and therefore is not a Fourth Amendment seizure. |
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Term
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Definition
| sometimes described as a hunch or gut feeling based on law enforcement training and knowledge |
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Term
| the actions a law enforcement officer may take during a consensual encounter |
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Definition
| The Constitution doesn't prohibit officers from approaching pedestrians or motorists and engaging them in conversation by asking them if they are willing to answer questions, questioning them if they are willing to listen, or offering voluntary answers to such questions as evidence in any criminal prosecution |
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Term
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Definition
| the standard of justification needed to support a legal Terry stop or investigative detention. Reasonable suspicion is sometimes called "articulable suspicion" or "founded suspicion." All three terms simply mean that an officer can articulate, or put into words, fats that support a suspicion that the person stopped was involved in a law violation. The facts and circumstances must support the suspicion that a person committed a crime, is committing a crime, or is about to commit a crime |
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Term
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Definition
| if the driver of the vehicle commits a traffic infraction, or if the vehicle shows evidence of an equipment violation such as a broken taillight, the officer may stop the vehicle on that basis. The officer stops the vehicle due to equipment violation but really wants to look inside the vehicle for evidence of other, more serious criminal activity. |
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Term
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Definition
| a fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances. |
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Term
| the totality of circumstances test |
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Definition
| in deciding whether the reasonable suspicion or probable cause standards have been met, courts review all factors known to the officer at the time of the incident. |
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Term
| ways that probable cause is developed |
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Definition
| an officer may rely on many types of information and evidence, and is not limited by the rules of evidence used in criminal trials. Information used to formulate reasonable suspicion and probable cause must be specific. |
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Term
| sources of probable cause |
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Definition
| these include the fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, lineups, and show-ups |
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Term
| photo arrays as sources of probably cause |
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Definition
| a presentation to a victim or witness of a series of photographs in a nonsuggestive manner for the purpose of identification of a suspect. This generally consists of a minimum of six photographs that have similar backgrounds and portray persons of similar physical characteristics including age, race, hair color and length, and facial hair. Officers must guard against any action, whether in the selection of photos or through a comment, gesture, or body language, that might be interpreted as suggesting to the witness which photo should be identified. Such actions will result in suppression of the photo identification as evidence. |
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Term
| lineups as sources of probable cause |
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Definition
| the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a nonsuggestive manner for the purpose of identification. This is rarely used in investigations but is commonly seen on television programs and in movies. |
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Term
| show-ups as sources of probable cause |
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Definition
| when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification in the field by a victim or witness. The witness should be transported to the location of the suspect. This method of identification is inherently suggestive and should be used with caution. |
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Term
| proof beyond a reasonable doubt |
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Definition
before a person may be found guilty of a crime and sentenced, the prosecution must present evidence sufficient to prove guilt of each element of the crime _______________________ .
not merely a mere possible doubt, a speculative, imaginary, or forced doubt. Such a doubt must not influence you to return a verdict of not carefully considering, comparing, and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved, and you must find the defendant not guilt because the doubt is reasonable |
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Term
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Definition
| relying on the collective knowledge of other officers in taking law enforcement action |
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Term
| investigative stop (Terry stop) |
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Definition
| may be made only if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation |
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Term
| the actions a law enforcement officer may take based upon reasonable suspicion |
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Definition
| if the officer has reasonable suspicion that the detained person is armed and a danger to the officer or others, the officer may frisk the person for weapons. An officer may lawfully use force during an investigative stop if he or she reasonably believes it protects his or her safety or the public's safety. Handcuffs may be used if reasonably necessary, but the officer must be able to articulate the reasons that force or restraints were necessary |
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Term
| the authority of a law enforcement officer under Florida law to make an arrest |
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Definition
| found in Chapter 901 of the Florida Statutes |
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Term
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Definition
| depriving a person of his or her liberty by legal authority |
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Term
| the two types of arrest under Florida law |
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Definition
| arrest with a warrant and arrest without a warrant |
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Term
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Definition
| a court order authorizing law enforcement to take the individual maned on the warrant into custody to answer for charges specified in the warrant |
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Term
| the four situations under which a Florida law enforcement officer is authorized to make a warrantless arrest |
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Definition
1. The person has committed a felony or misdemeanor or violated a county or municipal ordinance in the presence of the officer
2. a felony has been committed outside of the officer's presence, but the officer has probable cause to believe the person committed it
3. a warrant for arrest has been issued and is being held by another law enforcement officer or agency
4. the general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. The Florida Statutes contain numerous exceptions to this rule |
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Term
| the exceptions to the misdemeanor arrest requirements |
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Definition
*carrying a firearm in violation of an Injunction
*Battery
*Act of Retail Theft
*Traffic Offenses Related to Crash Investigation
*Carrying a Concealed Weapon
*Disorderly Conduct on Premises of Establishment
*Theft from a Dining or Lodging Establishment
*Trespass on School Grounds
*Possession of Cannabis <20 grams
*Stalking
*Transit Fare Evasion
*Contributing to the Delinquency/Dependency of a Minor
*Criminal Mischief
*Trespass on Certain Properties
*Act of Domestic Violence
*Violation of Injunction for Protection |
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Term
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Definition
| a written order that may be issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. It may only be used under limited circumstances for misdemeanor offenses, municipal or county ordinance violations, and criminal traffic violations. The officer advises the defendant of the charges and releases him or her at the scene provided that he or she signs the notice and promises to appear in court |
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Term
| the concept of fresh pursuit |
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Definition
al doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines.
The offense must have occurred within the pursuing officer's jurisdictional boundaries. If a criminal offense was committed for which a probable cause arrest may be made, the officer may leave his or her jurisdiction to arrest the suspect. The pursuit must be continuous and uninterrupted. |
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Term
| the jurisdictional issues related to an arrest in fresh pursuit |
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Definition
| the commission of the offense and the pursuit of the suspect must be closely related in time. When the arrest occurs in another jurisdiction, the arresting officer must notify the officer in charge of that jurisdiction and must take the suspect before a trial judge in the county where the arrest occurred. |
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Term
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Definition
| a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines |
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Term
| the importance of the Miranda decision to law enforcement |
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Definition
| the decision put the burden of explaining Fifth and Sixth Amendment rights on the law enforcement officer. Failure to inform a person of these Constitutional rights during a custodial interrogation may result in the inadmissibility of an admission or confession. |
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Term
| the key aspects of the Miranda decision |
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Definition
whenever a law enforcement officer questions a suspect in vustody, the officer must advise the person of certain Constitutional rights. These rights include the right to remain silent and the right to have an attorney present when being questioned by law enforcement. If the officer fails to follow the rules set forth in Miranda, any statement or admission obtained from the interview cannot be used in court.
Four elements:
custody, interrogation, understanding, and free and voluntary waiving of rights. |
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Term
| when Miranda warnings are required |
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Definition
| necessary whenever the law enforcement officer conducts a custodial interrogation |
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Term
| the concept of custody as related to the Miranda decision |
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Definition
| in deciding whether a person is in custody for purpose of Miranda, the courts ask two questions: first, what were the facts and circumstances surrounding the interrogation, and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. |
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Term
| how law enforcement should advise Miranda warnings |
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Definition
| officers are required to provide a suspect with Miranda warnings when the elements of custodial interrogation have be satisfied. Once the Miranda warnings are required, the rights should be read one at a time from an agency-provided Miranda car. Officers should get in the habit of always reading from a Miranda card. If no card is available, the officer should advise the suspect to the best of his or her recollection. |
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Term
| the importance of a waiver of Miranda warnings |
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Definition
| the waiver ensures that the suspect understands his or her rights and will speak with the officer. A written waiver is preferred but not essential. A waiver can be verbal or even implied. The waiver of rights must be freely and voluntarily given. An officer may not make any promises or coerce the defendant in order to obtain a confession. |
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Term
| the importance of having an advice of rights form signed |
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Definition
| the Advice of Rights form, when signed by the person receiving rights, greatly aids in proving those rights were validly given and understood by that person. It may protect an officer's case by helping to ensure the admissibility of evidence generated as a result of statements made by that person. It may also help the officer avoid liability for failure to follow policy. |
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Term
| the significance of an invocation of rights |
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Definition
| If the suspect makes a clear and unequivocal request to invoke any of his or her rights under Miranda, all questioning must cease immediately. |
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Term
| the concept of interrogation as related to the Miranda decision |
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Definition
| The interrogation element of Miranda is satisfied whenever a law enforcement officer is questioning a suspect about criminal activity. The interrogation element is also satisfied when the officer's actions amount to the functional equivalent of interrogation |
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Term
| the restrictions on police interview tactics |
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Definition
| Some things officers are not allowed to do include making threats, promising leniency, and creating physical evidence for use during the interview |
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Term
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Definition
| the suspect is deprived of freedom in a significant way |
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Term
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Definition
| an interview in which the person is not under arrest and a reasonable person would believe that he or she is free to leave at any time during the interview |
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Term
| how to determine if a crime has been committed |
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Definition
an officer must determine whether elements of a criminal act are present. The officer must have probable cause to believe that a crime has been committed and that the person to be charged committed the crime.
Generally, to prove that a crime has been committed, it must be shown that a criminal statute specifically prohibits the alleged act or omission and that the person committing the act of omission did so knowingly or intentionally. |
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Term
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Definition
| purposely doing what the law declares to be a crime |
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Term
| the four categories of criminal intent |
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Definition
criminal negligence
general intent
specific intent
transferred intent |
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Term
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Definition
| a legal term used to describe liability that occurs when a person breaches a duty to conform to a particular standard of conduct with others |
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Term
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Definition
| ...defines most criminal offenses, which require some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary. For example: resisting a law enforcement officer with violence |
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Term
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Definition
| requires more than reasonable expectation as the result. Specific intent designates a special mental element of intention to cause a particular result, which is required over and above any mental state required for the offender to commit the act. For example: burglary |
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Term
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Definition
| present when an intentional act harms an unintended second victim. For example, shooting at someone and hitting someone else. |
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Term
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Definition
| "body of the offense" -- probable cause to believe that a crime has been committed |
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Term
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Definition
| Negligence that reaches the level of criminal responsibility. Consciously doing an act or following a course of conduct that the person must have known or reasonably should have known was likely to cause death or great bodily injury. |
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Term
| elements of the crime of Theft |
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Definition
| Misdemeanor/Felony 1. The offender knowingly and unlawfully obtained or used or endeavored to obtain or use the property of another. 2. The offender did so with intent, either temporarily or permanently, to deprive victim of his or her right to the property or any benefit from it with the intent to deprive the victim of its use, or appropriate the property of the victim to his or her own use or to the use of any person not entitled to it. Theft is classified as a misdemeanor or felony based on value and prior arrests. |
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Term
| elements of the crime of Retail Theft |
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Definition
| Misdemeanor/Felony 1. The offender knowingly did the following: a. took possession of or carried away merchandise b. altered or removed a label or price tag from merchandise c. transferred merchandise from one container to another d. removed a shopping cart from a merchant's premises 2. The offender intended to deprive the merchant of the possession, use, benefit, or full retail value of the merchandise or shopping cart Theft is classified as a misdemeanor or felony based on value and prior arrests. |
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Term
| elements of the crime of Robbery |
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Definition
Felony
1. The offender took the money or property from the victim or custody of the victim
2. Force, violence, assault, or putting in fear of violence was used in the course of the taking.
3. the property taken was of some value
4. the taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it.
The difference between theft and robbery involved the use of force or threat of force against a person. |
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Term
| elements of the crime of Burglary |
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Definition
Felony 1. The offender entered and/or remained in a structure or conveyance owned by or in the possession of the victim 2. the offender did not have the permission or consent of the victim, or anyone authorized to act for the victim, to enter and/or remain in the structure or conveyance at the time. 3. At the time of entering and/or remaining in the structure or conveyance, the offender had a fully-formed, conscious intent to commit the crime that is listed in the charge
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Term
| elements of the crime of Trespass in structure or conveyance |
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Definition
| Misdemeanor/Felony 1. The offender willfully entered or remained in structure or conveyance alleged or having been authorized, licensed, or invited to enter or remain in structure or conveyance alleged, willfully refused to depart after having been warned by owner or lessee or person authorized by the owner or lessee alleged to depart 2. The structure or conveyance alleged was in the lawful possession of person alleged. 3. The offender's entering or remaining in the property was without the permission, expressed or implied, of the person alleged or any other person authorized to give that permission |
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Term
| elements of the crime of Trespass on property |
|
Definition
| Misdemeanor/Felony 1. The offender willfully entered or remained in property alleged. 2. The property was owned by or in the lawful possession of person alleged. 3. Notice not to enter upon or remain in that property had been given by actual communication to the offender or via posting, fencing, or cultivation of the property 4. The offender's entering or remaining in the property was without permission, expressed or implied, of person alleged or any other person authorized to give that permission Although generally a misdemeanor, certain aggravating facts can enhance the offense to a felony. |
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Term
| elements of the crime of Loitering and Prowling |
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Definition
Misdemeanor Second Degree
1. The offender loitered or prowled in a place at a time or in a manner nor usual for law-abiding individuals.
2. Such loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. |
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Term
| elements of the crime of Assault |
|
Definition
Misdemeanor Second Degree
1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim
2. at the time, the offender appeared to have the ability to carry out the threat.
3. the act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place. |
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Term
| elements of the crime of Aggravated Assault |
|
Definition
Felony Third Degree
1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim
2. at the time, the offender appeared to have the ability to carry out the threat.
3. The act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place.
4. The assault was made with a deadly weapon without the intent to kill, or the assault was made with the intent to commit a felony |
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Term
| elements of the crime of Assault on a Law Enforcement Officer |
|
Definition
| Misdemeanor 1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim 2. at the time, the offender appeared to have the ability to carry out the threat 3. the act of the offender created on the mind of the victim a well-founded fear that the violence was about to take place 4. The victim was at the time a law enforcement officer, firefighter, emergency medical care provider, public transit employee or agent, or other specified officer 5. The offender knew the victim was a law enforcement officer, firefighter, emergency medical care provider, public transit employee or agent, or other specified officer. 6. at the time of the assault, the victim was engaged in the lawful performance of his duties |
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Term
| elements of the crime of Battery |
|
Definition
Misdemeanor/Felony
One of
1. the offender actually and intentionally touched or struck the victim against the victim's will
2. the offender intentionally caused bodily harm to the victim
prior criminal history of Battery, Aggravated Battery, or Felony Battery advances the charge to a felony of the third degree |
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Term
| elements of the crime of Felony Battery |
|
Definition
felony third degree
1. the offender actually and intentionally touched or struck the victim against the victim's will
2. the offender caused the victim great bodily harm, permanent disability, or permanent disfigurement |
|
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Term
| elements of the crime of Aggravated Battery |
|
Definition
Felony Second Degree
1. the offender intentionally touched or struck the victim against his or her will or caused bodily harm to the victim
2. the offender in committing the battery
a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim or
b. used a deadly weapon or
c. knew or should have known that the victim was pregnant |
|
|
Term
| elements of the crime of Battery on a Law Enforcement Officer |
|
Definition
Misdemeanor/Felony
1. the offender intentionally touched or struck the victim against his or her will or caused bodily harm to the victim
2. the victim was a law enforcement officer or a firefighter (or other specified person)
3. the offender knew the victim was a law enforcement officer or firefighter (or other specified person)
4. the victim was engaged in the lawful performance of his or her duties when the battery was committed |
|
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Term
| domestic violence as defined from the Florida statutes |
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Definition
| any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another |
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Term
| elements of the various levels of Homicide |
|
Definition
Murder First Degree -- Capital Felony
Murder Second Degree -- Felony
Felony Murder First Degree -- Capital Felony
Felony Murder Second Degree -- Felony
Felony Murder Third Degree -- Felony
Manslaughter -- Felony
Vehicular Homicide -- Felony
DUI Manslaughter -- Felony |
|
|
Term
| elements of the crime of Disorderly Conduct/Breach of Peace |
|
Definition
Misdemeanor Second Degree
one of:
1. the act was of a nature to corrupt the public morals
2. the act outraged the sense of public decency
3. the act affected the peace and quiet of persons who witnessed it
4. the person charged engaged in brawling or fighting
5. the person charged engaged in any such conduct as to constitute a breach of peace or disorderly conduct |
|
|
Term
| elements of the crime of Disorderly Intoxication |
|
Definition
Misdemeanor Second Degree
one of:
1. the offender was intoxicated and endangered the safety of another person or property; or
2. the offender was intoxicated or drank any alcoholic beverage in a public place or in or upon a public conveyance and caused a public disturbance |
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|
Term
| elements of the crime of Open House Party |
|
Definition
misdemeanor second degree
1. an adult was in control of the residence
2. the adult knowingly allows a social gathering
3. the possession or consumption of alcoholic beverages or controlled substances by one or more minors occurs during the gathering |
|
|
Term
| elements of the crime of Selling or Giving Alcoholic Beverages to a Person Under the Age of 21 |
|
Definition
Misdemeanor Second Degree
1. the defendant sold, gave, or served
2. an alcoholic beverage
3. to a person under the age of 21 |
|
|
Term
| elements of the crime of Possession of Alcoholic Beverage by a Person Under the Age of 21 |
|
Definition
misdemeanor second degree
1. the defendant is under 21
2. the defendant is in possession of or consuming an alcoholic beverage |
|
|
Term
| elements of the crime of Possession of Tobacco Products by a Person Under 18 Years of Age |
|
Definition
noncriminal violation
1. the defendant is under 18
2. the defendant has in his or her possession a tobacco product |
|
|
Term
| elements of the crime of Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age |
|
Definition
misdemeanor second degree
1. the defendant sold, delivered, bartered, furbished, or gave
2. to a person under 18
3. any tobacco product |
|
|
Term
| elements of the crime of Sale and/or Delivery of Controlled Substance with Intent |
|
Definition
Felony
1. the offender sold, purchased, manufactured, delivered, or possessed with intent to sell, purchase, manufacture, or deliver a certain substance
2. the substance was the specific substance alleged
3. the offender had knowledge of the presence of the substance
certain drugs and chemical substances are by law known as controlled substances. "Specific substance alleged" is a controlled substance |
|
|
Term
| elements of the crime of Possession of Controlled Substance |
|
Definition
Felony Third Degree and Misdemeanor
1. the offender possessed a certain substance.
2. the substance was the specific substance alleged
3. the offender had knowledge of the presence of the substance.
The misdemeanor is for possession of marijuana less than 20 grams |
|
|
Term
| elements of the crime of Possession of Drug Paraphernalia |
|
Definition
Misdemeanor First degree
1. the offender used or had in his or her possession with intent to use drug paraphernalia
2. the offender had knowledge of the presence of the drug paraphernalia |
|
|
Term
| elements of the crime of Resisting an Officer without Violence |
|
Definition
misdemeanor first degree
1. the offender resisted, obstructed, or opposed the victim (officer)
2. at the time, the victim (officer) was engaged in the execution of legal process or the lawful execution of duty
3. at the time, the victim was an officer |
|
|
Term
| elements of the crime of Resisting an Officer with Violence |
|
Definition
Felony Third degree
1. the offender knowingly and willfully resisted, obstructed, or opposed the victim (officer) by offering to do him or her violence or by doing violence to him or her
2. at the time, the victim (officer) was engaged in the execution of legal process or lawful execution of a legal duty
3. at the time, the victim was an officer |
|
|
Term
| elements of the crime of Stalking |
|
Definition
misdemeanor first degree
The state must prove that the offender willfully, maliciously, and repeatedly followed, harassed, or cyber-stalked the victim to achieve a conviction |
|
|
Term
| elements of the crime of Sexual Battery |
|
Definition
Felony Second Degree
1. the victim was 12 years of age or older
2. the offender committed an act upon or with the victim in which the sexual organ of the offender or victim penetrated or had union with the anus, vagina, or mouth of the victim or the offender, or the offender committed an act upon the victim in which the anus or vagina of the victim was penetrated by an object
3. the act was committed without the consent of the victim |
|
|
Term
| elements of the crime of Carrying a Concealed Weapon |
|
Definition
misdemeanor/felony
1. the defendant knowingly carried on or about his or her person the weapon alleged
2 the weapon alleged was concealed form the ordinary sight of another person |
|
|
Term
| elements of the crime of Criminal Mischief |
|
Definition
1. the offender injured or damaged property
2. the property belonged to person alleged
3. the injury or damage was done willfully and miliciously
misdemeanor value of loss is less than $1000. Felony value is $1000 or more |
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|
Term
| elements of the crime of Forgery |
|
Definition
felony
1. the offender falsely made, altered, forged, or counterfeited a document (specified in statute)
2. the offender intended to injure or defraud some person or firm.
it is not necessary that the defendant intended to use the document or to profit himself from its use. it is sufficient if he intended that some person would use it to injure or defraud |
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|
Term
| elements of the crime of Uttering a Forged Instrument |
|
Definition
felony
1. the offender passed or offered to pass as true a document (specified in statute)
2. the offender knew the document to be false, altered, forged or counterfeited
3. the offender intended to injure or defraud some person or firm |
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|
Term
| elements of the crime of Uttering a Worthless Check |
|
Definition
| misdemeanor/felony 1. the offender drew made, uttered, issued or delivered the check admitted in evidence 2. when the offender did so, there was not sufficient money on deposit in the bank to pay the check 3. the offender knew when he wrote the check that he did not have sufficient money on deposit with the bank 4. the offender knew he had no arrangement or understanding with the bank for the payment of the check when it was presented 5. the check was in the amount of ______ misdemeanor is less than $150. Felony is $150 or more |
|
|
Term
| the various crimes of Elderly Abuse |
|
Definition
|
|
Term
| the elements of the crime of Child Abuse |
|
Definition
Felony
1. the defendant committed at least one of the following:
a. intentionally inflicted physical or mental injury upon the victim
b. committed an intentional act that could reasonably be expected to result in physical or mental injury to the victim
c. actively encouraged another person to commit an act in or could reasonably have been expected to result in physical or mental injury to the victim
2. the victim is under the age of 18
abandoning a newborn at a hospital, EMT station, or fire station is not a crime |
|
|
Term
| elements of the crime of Kidnapping |
|
Definition
| Felony 1. the defendant forcibly or secretly or by threat confined, abducted, or imprisoned the victim against his or her will 2. the defendant had no lawful authority 3. the defendant acted with into to a. hold for ransom or reward or as a shield or hostage, or b. commit or facilitate commission of (applicable felony), or c. inflict bodily harm upon or to terrorize the victim or another person, or d. interfere with the performance of any governmental or political function |
|
|
Term
| elements of the crime of False Imprisonment |
|
Definition
Felony
1. the defendant forcibly or secretly or by threat confined, abducted, or imprisoned the victim against his or her will
2. the defendant had no lawful authority
confinement of a child under the age of 13 is against the child's will if such confinement is without the consent of the parent or legal guardian |
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|
Term
| elements of the crime of Luring and Enticing a Child |
|
Definition
| Misdemeanor/Felony a person 18 years of age or older (misdemeanor) 1. intentionally lures or entices, or 2. attempts to lure or entice 3. a child under the age of 12 4. into a structure, dwelling, or conveyance for other than a lawful purpose a person 18 years of age or older who, having been previously convicted of a misdemeanor violation of luring and enticing (felony) 1. intentionally lures or entices, or 2. attempts to lure or entice 3. a child under the age of 12 4. into a structure, dwelling, or conveyance for other than a lawful purpose |
|
|
Term
| elements of the crime of Human Trafficking |
|
Definition
felony second degree
one of:
1. the defendant engaged or attempted to engage in human trafficking with the intent or knowledge that the trafficked person would be subjected to forced labor or services, or
2. the defendant benefited financially by receiving anything of value from participation in a venture that subjected a person to forced labor or services |
|
|
Term
|
Definition
| intelligent, knowing, and voluntary and does not include coerced submission |
|
|
Term
|
Definition
| any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car; to enter one includes taking apart any portion of it |
|
|
Term
|
Definition
| to engage in a course of conduct to communicate or cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person, and serving no legitimate purpose |
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|
Term
| family or household member |
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Definition
| spouses, former spouses, persons related by blood or marriage, persons who are residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. with the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling unit. |
|
|
Term
|
Definition
| to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose |
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|
Term
|
Definition
| transporting, soliciting, recruiting, harboring, providing, or obtaining another person for transport |
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|
Term
|
Definition
| oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object |
|
|
Term
|
Definition
| any building of any kind, either temporary or permanent, which has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure |
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|
Term
| felony thefts regardless of value |
|
Definition
| *will or other testamentary instrument *firearm *motor vehicle *any commercially farmed animal *an aquaculture species raised at a permitted aquaculture facility *fire extinguisher *2000 pieces of citrus fruit *property from a posted construction site *any stop sign *property, funds, or assets from a person 65 years of age or older *anhydrous ammonia |
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|
Term
| exceptions to the elements of Uttering a Worthless Check |
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Definition
| the offender is not guilty is any of the following three defenses is proved: 1. the payee or holder knew that the offender's funds and credit at the bank at the time the check was given were insufficient to pay the check; or 2. the payee or holder had good reason to believe that the offender's funds and credit at the bank at the time the check was given were insufficient to pay the check; or 3. the check was post-dated |
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|
Term
| elements of the crime of Kidnapping 2 |
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Definition
| in order to be kidnapping, the confinement, abduction, or imprisonment a. must not be slight, inconsequential, or merely incidental to the felony b. must not be of the kind inherent in the nature of the felony, and c. must have some significance independent of the felony in that it makes the felony substantially easier of commission or substantially lessens the risk of detection confinement of a child under the age of 13 is against the child's will if such confinement is without the consent of the parent or legal guardian |
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|
Term
| the elements of the crime of Luring and Enticing a Child 2 |
|
Definition
| A person 18 years of age or older who, having been previously convicted of a violation of F.S. Chapter 794 or 800.04 or a violation of similar law of another jurisdiction (felony) 1. intentionally lures or entices, or 2. attempts to lure or entice 3. a child under the age of 12 4. into a structure, dwelling, or conveyance for other than a lawful purpose |
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|
Term
|
Definition
| involves an entry into some place without permission to enter in order to commit a crime therein. ... can be charged in addition to the underlying crime such as theft or assault. ...involving assault, battery, a weapon, an explosive device, or entering into a dwelling, occupied structure, or conveyance carries a greater penalty |
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|
Term
| all persons related to an incident involving a crime |
|
Definition
| witnesses, victims, and suspected perpetrators |
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|
Term
|
Definition
| any person who has information about some element of the crime or about evidence or documents related to the crime |
|
|
Term
|
Definition
| is a witness who suffers an injury as a result of the crime |
|
|
Term
|
Definition
| (suspect) the person believed to have committed a crime |
|
|
Term
| the criteria for criminal responsibility |
|
Definition
| a person may directly commit a criminal violation by contributing to a crime in some other, more limited capacity. The way in which a person participated in the crime determine a person's criminal responsibility |
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|
Term
| principal in the first degree |
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Definition
| if the defendant helped another person or persons commit or attempt to commit a crime, the defendant is a principal and must be treated as if he or she had done all the things the other person or persons did if the defendant had a conscious intent that the criminal act be done; and the defendant did some act or said some work which was intended to and which did incite, cause, encourage, assist, or advise the other person or persons to actually commit or attempt to commit the crime. |
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|
Term
|
Definition
an offense with all the following elements: (1) an offender commits a felony. (2) after the felony, another person maintains or assists the offender. (3) while giving assistance, the person knows that the offender committed the felony. (4) the person assists with the intent of helping the offender avoid or escape detection, arrest, trial, or punishment
if the offender is related to the person by blood or marriage, the offender cannot be charged with accessory after the fact |
|
|
Term
|
Definition
| an offense when either the person did some act toward committing the crime that went beyond just thinking or talking about it; or the person would have committed the crime except that someone or something prevented him or her from doing so, or the person failed |
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|
Term
|
Definition
| elements: (1) the offender solicited a person to commit a certain offense. (2) during solicitation, the offender commanded, encouraged, hired, or requested the other person to engage in specific conduct which would constitute the commission of the offense or attempt to commit the offense |
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|
Term
|
Definition
| elements: (1) the intent of the offender was that the offense (object of conspiracy) would be committed. (2) in order to carry out the intent, the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause (object of conspiracy) to be committed either by them, or one of them, or by some other person |
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|
Term
|
Definition
| a person who aids or contributes in the commission or concealment of a crime |
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|
Term
|
Definition
| (suspected perpetrator) the person believed to have committed a crime |
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|
Term
| legal defenses of criminal liability |
|
Definition
| most common include: alibi, mistake or ignorance of fact, intoxication, duress or coercion, justifiable use of force, self-defense, defense of property, entrapment, insanity, mental incompetence, statute of limitations, consent |
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|
Term
| alibi as a legal defense of criminal responsibility |
|
Definition
| a suspect or defendant's claim that he or she was not present when the alleged act was committed |
|
|
Term
| mistake or ignorance of fact as a legal defense of criminal liability |
|
Definition
| used when the accused does not possess the mental sate required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances. A defendant who does not have the intent necessary to commit the crime cannot be convicted. |
|
|
Term
| intoxication as a legal defense of criminal liability |
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Definition
| in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offenses |
|
|
Term
| duress or coercion as a legal defense of criminal liability |
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Definition
| a person who faces a threat from another and commits a criminal act in response may have this legal defense. This defense requires that the person committing the act must reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime |
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|
Term
| justifiable use of force as a legal defense of criminal liability |
|
Definition
| a person may legally use force to defend against the use of force by another |
|
|
Term
| self-defense as a legal defense of criminal liability |
|
Definition
| a common legal term that describes the justifiable use of force that is necessary to protect oneself. |
|
|
Term
| defense of others as a legal defense of criminal liability |
|
Definition
| a common legal term that describes the justifiable use of force that is necessary to protect others. |
|
|
Term
| defense of property as a legal defense of criminal liability |
|
Definition
| a common legal term describing a person's authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes is necessary to protect his or her possessions from trespass or theft or to terminate these acts |
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|
Term
| entrapment as a legal defense of criminal liability |
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Definition
| when a law enforcement officer uses undue persuasion or fraudulent means to induce a person to commit a crime he or she would not have otherwise committed. The defendant must admit that he or she committed the crime. |
|
|
Term
| insanity as a legal defense of criminal liability |
|
Definition
| legally as any mental disorder so severe that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility |
|
|
Term
| mental incompetence as a legal defense of criminal liability |
|
Definition
| recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. A person deemed mentally incompetent at the time of trial cannot legally stand trial or testify. |
|
|
Term
| statute of limitations as a legal defense of criminal liability |
|
Definition
| bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred |
|
|
Term
| consent as a legal defense of criminal liability |
|
Definition
| a possible excuse against civil or criminal liability. Defendants who use this defense argue they should not be held liable because the acts in question were committed with the victim's consent and permission. Generally, if there is consent, there is no crime. |
|
|
Term
| basic concepts and rules of evidence |
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Definition
| Chapter 90 of the Florida Statutes contains the Florida Evidence Code. Evidence is information that is allowed in court |
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Term
|
Definition
| anything that tends to prove or disprove the existence of a fact |
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|
Term
|
Definition
| that which proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact. |
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|
Term
| indirect or circumstantial evidence |
|
Definition
| requires an inference or presumption to establish a fact. It requires the judge or jury to infer from the evidence that the defendant committed the crime. Most criminal cases are often based primarily on circumstantial evidence. |
|
|
Term
| three primary categories of evidence |
|
Definition
| testimonial, documentary, or physical |
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|
Term
|
Definition
| witness statements tending to prove or disprove the facts about the case |
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|
Term
|
Definition
| anything written or printed which is offered to prove or disprove facts pertaining to the case. |
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|
Term
| physical or real evidence |
|
Definition
| refers to actual objects which may be offered to prove facts about a case. This evidence is crucial for the prosecutor because it gives the jury something to touch and take back to the jury room while they conduct deliberations. |
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Term
|
Definition
| the objects obtained by the defendant as a result of committing the crime |
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|
Term
|
Definition
| the items used by the defendant to commit the crime |
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|
Term
|
Definition
| anything that is illegal to possess. |
|
|
Term
| the three basic reasons why evidence is offered in court |
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Definition
| evidence is offered to prove or disprove a crime. Evidence is offered in court so support or undermine other evidence. Evidence is offered in court to help determine an appropriate sentence. |
|
|
Term
| admissibility of evidence |
|
Definition
| the legal requirements that must be in place before a jury is allowed to see or hear about the evidence. |
|
|
Term
| the three primary reasons for evidence rules |
|
Definition
| to protect the defendant's constitutional rights, to protect jurors from being misled or confused, and to expedite the trial |
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|
Term
| the general rules for excluding evidence |
|
Definition
| ...because it was obtained in violation of the defendant's constitutional rights, to avoid undue prejudice to the defendant, such as his or her prior criminal history, and to prohibit jury consideration of unreliable evidence |
|
|
Term
|
Definition
| a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted |
|
|
Term
| four specific requirements that officers must be aware of to ensure admissibility of evidence |
|
Definition
| the evidence must be relevant to the case, obtained legally, and preserved properly. The chain of custody must also be preserved. |
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|
Term
| the types of privileged communication protected under Chapter 90, F.S. |
|
Definition
lawyer-client
journalist-source
husband-wife
psychotherapist-patient
accountant-client
clergy-penitent
sexual assault counselor-victim
domestic violence counselor-victim |
|
|
Term
|
Definition
| (arrest affidavit) is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest |
|
|
Term
| the purpose of a probable cause affidavit |
|
Definition
| used by the judge to determine if there was sufficient probable cause to detain the individual. The assistant state attorney may also review the document to decide whether to file formal charges for the alleged crime |
|
|
Term
| the elements of a probable cause affidavit |
|
Definition
| must contain a narrative of the offense stating facts sufficient to show probable cause as to each and every element of the charged offense. The arresting officer must swear or affirm that the information contained in the probable cause affidavit is true and then sign the document. Supplemental information is often attached. date, time, place, reason for contact or seizure, if any why a search occurred, names and addresses of all parties, any statements, offense charged, Florida statute... |
|
|
Term
| any supplemental information that may be used with a probable cause affidavit |
|
Definition
| may include names and addressed of essential witnesses, witness statements, or a list of tangible evidence seized |
|
|
Term
| the factors used in the objective reasonableness standard |
|
Definition
| requires careful review of the facts and circumstances of each case, including the severity of the crime, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting arrest or attempting to evade arrest by flight. |
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|
Term
| the questions an officer will have to answer in any use of force situation |
|
Definition
| Was the action reasonable and necessary? Was the amount of force applied reasonable and necessary? |
|
|
Term
| the circumstances under which law enforcement officers are faced with use of force decisions |
|
Definition
| the arrest or detention of a suspect, to prevent escape or return an individual to custody and to defend oneself or another |
|
|
Term
| the law authorizing law enforcement officers' use of force in making arrest |
|
Definition
| when the officer reasonably believes it to be necessary to defend him- or herself or another person from bodily harm while making the arrest |
|
|
Term
| when a law enforcement officer may use force to apprehend escaped inmates |
|
Definition
| when it is necessary for retaking felons who have escaped |
|
|
Term
| when an officer may use deadly force to apprehend a fleeing felon |
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Definition
| when deadly force is necessary to prevent the suspect from escaping; when a warning has been given when feasible; and when the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person |
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Term
| deadly force pursuant to Florida law |
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Definition
| any force that is likely to cause death or great bodily hard under F.S. 776.06 |
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Term
| when a law enforcement officer may use force during an investigative detention |
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Definition
| authorized to use reasonable and necessary force to effect an investigative detention--may draw their weapons when conducting an investigative detention when they reasonably believe that the use of weapons is necessary to protect themselves or prevent an suspect's ability to flee |
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Term
| when a law enforcement officer may use force to prevent an arrested person from escaping custody |
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Definition
| the statute authorizes law enforcement officers to use reasonable and necessary force in order to prevent the escape of an arrested person. The statute authorizes law enforcement and corrections officers to use deadly force to prevent the escape of an inmate from a penal institution |
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Term
| when individuals may use deadly force in self-defense or in defense of others |
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Definition
| if the individual has reason to believe that deadly force is necessary to prevent imminent death or great bodily harm to him or herself or another or to prevent the commission of a forcible felony as defined in F.S. 776.08 |
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Term
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Definition
| If there is an unlawful and forceful entering of a dwelling or occupied vehicle, an individual has "no duty to retreat" when faced with imminent harm, "has the right to stand his or her ground," and may "meet force with force, including deadly force when he reasonably believes it is necessary to do so to prevent death or great bodily harm." |
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Term
| when individuals may use force in the protection of their property |
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Definition
| Florida Statute 776.031 authorizes the use of reasonable and necessary force (excluding deadly force) to protect one's property and the property of an immediate family member or other person whose property has a duty to protect |
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Term
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Definition
| responsibility for a wrongful act or an omission that injures a person or property and most often involves negligence. penalties are normally payment of money damages to the victim or the victim's heirs. |
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Term
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Definition
| a civil wrong in which the action or inaction of a person or entity violates the rights of another person or entity. an improper act in civil law |
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Term
| examples of intentional torts |
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Definition
| battery or false imprisonment |
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Term
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Definition
| failure to use due or reasonable care in a situation that results in harm to another |
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Term
| the elements of negligence |
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Definition
| (1) a duty to act with care, (2) breach of the duty to act, (3) causation or proximate cause, and (4) damages |
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Term
| the two major categories of damages |
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Definition
| Compensatory Damages and Punitive Damages |
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Term
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Definition
| designed to compensate for the actual property damage, harm, or injury the plaintiff suffers. May include general, special, or nominal damages |
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Term
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Definition
| damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. Intended to punish the defendant for his or her act and to warn others from doing the same act. Can be very high. |
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Term
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Definition
| an unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law. |
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Term
| how an officer may be subject to criminal liability |
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Definition
| if an officer commits an act that violates state or local law, the state attorney may bring charges against him or her. If the officer commits an act that violates federal law, the US Attorney's Office may file criminal charges. |
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Term
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Definition
| when an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation, he or she is acting under this |
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Term
| the impact on an officer who is found civilly or criminally liable |
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Definition
| It can cost an officer his or her freedom and result in financial ruin. A criminal conviction can lead to loss of employment and decertification as an officer. Financial ruin can result if the court orders an officer to pay punitive damages--which must be paid by the individual officer, not the department |
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Term
| the types of agency liability |
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Definition
| direct liability and vicarious liability. If it is shown that neither the employing agency nor the supervisor is responsible for an employee's improper act, then neither vicarious nor direct liability applies |
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Term
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Definition
| arises in cases in which the officer committed an intentional or a negligent tort in violation of the employing agency's orders or policies |
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Term
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Definition
| occurs when one person or entity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury. |
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Term
| situations when an officer may be subject to civil or criminal liability |
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Definition
| the most common types of civil liability are related to arrests, searches, use of force, administration of first aid, operation of vehicles, and negligence. An officer's excessive use of force against a suspect can lead to civil and criminal liability. If an officers negligent actions amount to recklessness, the officer may also be subject to criminal charges. Officers may be liable not only for performing actions required improperly but also for failing to perform actions required of them |
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Term
| the types of legal defenses available if an officer is faced with potential civil or criminal liability |
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Definition
| there are federal and state laws that protect officers against civil liability and provide legal defenses. |
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Term
| the effect of the Sovereign Immunity Law, Section 768.28, Florida Statutes, in state civil actions |
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Definition
| provides one of the most important protections for governmental employees and law enforcement agencies. It includes a list of circumstances and requirements that must be met before the state, a county, a municipality, or a law enforcement agency or any of its employees can be sued in a state tort action. It also protects individual officers and governmental employees from personal liability and from being names as a defendant in a state civil lawsuit. Unless an officer or employee acts or fails to act with willful or wanton disregard of someone's rights or property, the officer or employee must be dismissed from a state civil tort action. |
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Term
| acting within the scope of employment |
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Definition
| refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business. The employee may be held individual liable if he acts outside of this |
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Term
| the key aspects of Chapter 111 of the Florida Statutes |
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Definition
| the employing agency may, but is not required to, reimburse legal costs for its employees who have been sued or charged with a crime. and, the employing agency may provide legal council for its employees who are sued in either state tort actions or federal noncriminal civil rights actions. An agency may opt not to defend an employee in a civil case, but if the employee prevails, the agency must reimburse court costs and reasonable attorney fees. |
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Term
| the concept of qualified immunity |
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Definition
| protects "governmental officials...from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known |
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Term
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Definition
| the defendant unreasonably failed in the duty he or she was obligated to perform. Generally proved by evidence that the defendant violated a law or accepted practices, such as a departmental policy or rule. or by not taking action when a reasonable officer should have taken action |
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Term
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Definition
| in criminal law, an improper act |
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Term
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Definition
| occurs when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties |
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Term
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Definition
| when sudden peril requires instinctive action, an officer is not required to use the same degree of care as when there is time to reflect. An officer is still required to use due care. Reckless disregard of others does not qualify as an appropriate response. |
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Term
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Definition
| neglecting to perform what the law or duty requires. officers may be liable not only for performing required actions properly but also for failing to perform actions required of them |
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Term
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Definition
| the legal phrase for the link between the breach of duty and the harm caused (damages). In deciding this, the judge and jury will have to determine if the harmful event was a foreseeable outcome of the defendant's act or failure to act |
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Term
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Definition
| protects "government officials...from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known? |
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Term
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Definition
| derived from the common law idea that the king and his agents can do no wrong. The concept has been applied to state and local government agencies, including law enforcement. It also protects individual officers and governmental employees from personal liability and from being names as a defendant in a state civil lawsuit. Unless an officer or employee acts or fails to act with willful or wanton disregard of someone's rights or property, the officer or employee must be dismissed from a state civil tort action. |
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