1
Headlong flight is associated with with Supreme Court case?
Wardlow
This document is used by the judge to determine if there was sufficient probable cause to detain the individual.
Probable cause affidavit
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What happens if a person refuses to sign a notice to appear?
Make an physical arrest
Who all can utilize the probable cause affidavit?
Officer, Assistant State Attorney, and the Defense Attorney
Which Supreme Court case is associated with officers entering a home due to a possible baker act and observing evidence of a murder?
Seibert....See Bert's Foot!
After an officer has developed probable cause do they have the option to issue a notice to appear?
They may have
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What is a notice to appear?
A notice to appear is a written order that may be issued by a law enforcement officer in lieu of a physical arrest, requiring a person accused of violating the law to appear in court at a specified date and time. It may be used only under limited circumstances for misdemeanor offenses, municipal or county ordinance violations, and criminal traffic violations. (Page 95)
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What is required to obtain an arrest warrant?
Requires an affidavit containing probable cause.
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The Florida statues give law enforcement offices the authority to make ______?
Arrests.
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The assistant state attorney may also review this document to decide whether to file formal charges for the alleged crime.
Probable cause affidavit
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Under what limited circumstances can a notice to appear be used?
Name atleast 2
misdemeanor offenses, municipal or county ordinance violations and criminal traffic violations.
Can an NTA be issued in a domestic violence incident?
No
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What should an officer remember that the probable cause affidavit is?
An officer's statement of the facts made under oath and may be used by the defense attorney in preparing the defense.
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Is retail theft and assault a misdemeanor exception?
No. Assault is not a misdemeanor exception.
A probable cause affidavit is also known as ________
Arrest affidavit
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To enter a third party's residence to arrest a subject named in an arrest warrant, officers must do what
obtain a search warrant OR articulate the basis for an applicable search warrant exception.
After the officer has advised the defendant of the charges he can release them from the scene only when?
If the defendant signs the NTA and promises to appear in court.
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The Florida Statutes authorize LEO to enter the residence of a wanted person to make an arrest if what is provided?
There is a reasonable belief the person named on the warrant is there.
What is an arrest?
Is depriving a person of their liberty by legal authority.
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What is an arrest warrant?
Is a court order authorizing and requiring law enforcement to take the individual named in the warrant into custody to answer for charges specified in the warrant. (Page 94)
What are the 4 circumstances for a warrant less arrest?
1.Person commits felony/misdemeanor in the presence of the officer. 2. The person commits a felony outside of the officer’s presence but has a P.C. It was committed. 3. A warrant for arrest issued and held by another agency. 4. Misdemeanor exception
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What is a sworn, written statement be a LEO establishing certain facts and circumstances to justify an arrest?
Probable cause affidavit/ arrest affidavit.
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What is an arrest-able misdemeanor that doesn’t happen in your presence called?
Misdemeanor exception
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What should you make sure you do when issuing a notice to appear?
Follow your agency policies
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