The Law
The ________________ establishes the three branches of government.
U.S. Constitution
The _______ Amendment prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances.
Fourth
What is the maximum penalty for a first-degree misdemeanor?
Up to 1 year in a county jail; Up to $1000 fine; or BOTH
____________ can be defined as the effort an officer has to use in order to get an unwilling subject to comply to their lawful commands.
Use of force
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution.
___________ is the body of law formed by the decisions of the court system based on the court's interpretation of constitutional provisions and clarifies the meaning of a Florida statute or a Florida rule as applied to a specific set of facts.
Case law
Name the search warrant exceptions that require probable cause.
1. Plain view
2. Mobile conveyance
3. Exigent Circumstances
True or False:
Mere thoughts constitute criminal liability.
False - Mere thoughts do NOT constitute criminal liability.
A criminal offense requires a person to take some physical action toward committing the criminal offense or to fail to act when they had a legal duty to act.
Define "deadly force."
Any force that is likely to cause death or great bodily harm.
The ___________ amendment protects the freedom of speech, press, peaceful assembly, and religion.
First
Which branch of government is responsible for creating laws?
The legislative branch.
The Fourth Amendment generally requires officers to obtain a search warrant before intruding into a place where an individual has a ______________________.
reasonable expectation of privacy
What is the maximum penalty for a second-degree felony?
Up to 15 years in a state prison; Up to $10,000 fine; or BOTH
The Florida Legislature set forth the criteria regarding the use of deadly force in apprehending a fleeing felony suspect in Florida Statute ________.
776.05
The _______________ of the U.S. Constitution states that when laws conflict, federal law generally overrules state and local law.
Supremacy Clause
__________ law is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need; it includes criminal, civil, administrative, and regulatory laws.
Statutory
Name the search warrant exceptions that do NOT require probable cause.
1. Consent searches
2. Inventory searches
3. Administrative searches
4. Search incident to arrest
What are the four classifications of intent?
1. General intent
2. Specific intent
3. Transferred intent
4. Recklessness
The use of force by an officer is examined under the ____________________ standard of the Fourth Amendment.
objective reasonableness
Which amendment prohibits self-incrimination, double jeopardy, and deprivation of life, liberty, or property without due process of law; and also requires grand jury indictments for capital crimes?
The Fifth Amendment.
What Chapter of the Florida Administrative Code (F.A.C.) governs the training and certification of law enforcement officers?
Chapter 11B
What are the two requirements for a valid search incident to arrest?
1. There must have been a lawful custodial arrest
2. The search must be "substantially contemporaneous" or at the same time with the arrest
What are the two questions you must answer before you can charge a person with a criminal offense?
1. Was a criminal act committed?
2. Was there criminal intent?
The U.S. Supreme Court's test for the use of deadly force in making an apprehension considers the following (four) justifications:
1. There is PC to believe the suspect committed a felony involving infliction or threat of serious bodily harm;
2. The use of deadly force is necessary to prevent escape;
3. The officer provides a warning, if feasible, and an opportunity to surrender; and
4. There is PC that the suspect poses a threat of death or SBH to the officers or others.
What are the two main types of due process?
Substantive and Procedural Due Process.