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Orlando Police Department Officer Engwall witnesses a misdemeanor retail theft in the Winter Garden Target. The suspect runs out of the store and Officer Engwall chases them. The suspect runs into a home and Officer Engwall enters the house and takes the suspect into custody. Did Officer Engwall act appropriately? If so, how? If not, why?
The Fresh Pursuit exception to the search warrant requirement requires that the offense took place within the pursuing officer's jurisdictional boundaries, so this would not meet the requirement. This was NOT a forcible felony.
p85
Name two elements that must be present for a consensual search to be valid.
1-consent is knowing and voluntary
2-person giving consent has authority to do so
p87
This amendment addresses double jeopardy
This is another name for a court deputy.
Bailiff
p112
List the two incidents that an arrested person would not go to first appearance.
LEO issued an NTA
arrested person bonds out
p113
The following cases are associated with which concept?
New York v Belton, Arizona V Gant, Chimel v CA, Thornton v US
Searches conducted incident to arrest
p88
An officer walks up to a house, looks in a window and sees cocaine on the dining room table. Is the cocaine admissible in court? If so, what search warrant exception is being utilized? If not, why?
No, the officer cannot utilize the Plain View exception because looking in the window of a home would not satisfy the Plain View exception.
P84
Name the two types of liability an agency may incur due to an officer's actions.
direct and vicarious
p106
How many circuit courts are there in Florida?
20
p111
This type of evidence is admissible at first appearance but not at trial.
Hearsay
p113
Define "voluntary" in reference to consent to search.
A reasonable person under the circumstances would feel that they could refuse the request for consent to search.
p87
When arresting a suspect in another jurisdiction, what two things must the arresting officer do?
Double points if you name both.
1-notify the officer in charge of the jurisdiction (someone has to notify the watch commander)
2-take the suspect before a trial judge in the county of the arrest (if you arrest them in Seminole, you have to take them to the Seminole jail).
p86
The most common types of civil liability are related to these LEO actions (there are 5).
Arrests, searches, use of force, administration of first aid, and vehicle operations
p 104
These people are appointed to assist judges with court paperwork and proceedings.
Deputy Clerk
p112
____is an official court proceeding in which persons involved provide separate sworn testimonies regarding the facts of the case to one of the attorneys.
Deposition
p114
Explain the murder scene exception to the Fourth Amendment warrant requirement.
THERE IS NO EXCEPTION! You may conduct a protective sweep, but not a search.
p86
Name the three requirements for Plain View to be a valid exception to the search warrant requirement.
1-Officer is lawfully present in the place they see the item
2-Item is in plain sight
3-Officer has PC to believe the item is contraband/evidence of a crime
P84
The sovereign immunity law covers only ___ tort actions, it does not protect officers named in _______.
state
federal civil rights actions
p108
How many county courts are there in Florida?
67
p110
List the 3 things, per your text, that a judge might consider at a bond hearing.
defendant's criminal history, offense, and flight risk
p114
A detailed description in a search warrant is a crucial element, designed to prevent this______. The description must include directions to the place to be searched beginning from a________.
Must know both to get points!
an intrusion into the wrong location
known landmark
P83
According to your text...defining open field versus curtilage depends on this...
p89
List the four elements included in the Supreme Court's test for the use of deadly force in making an apprehension.
1-PC of a felony involving the infliction/threat of serious bodily harm 2-deadly force is necessary to prevent escape 3-officer provides a warning (if feasible) 4-PC exists that the felon poses a threat of death/SBHarm to officers/others
p100
This person is responsible for arranging facilities and scheduling.
Court administrator
p112
Only worth 100 points (quit complaining)
___takes place where the charges are formally filed by the SAO and read aloud to the defendant.
Arraignment
p114