Miscellaneous Misdemeanor
When someone intentionally and unlawfully threatened, either by word or act, to do violence to the victim, at the time appeared to have the ability to carry out the threat and created in the mind of the victim a well-founded fear that the violence was about to take place.
F.S. 784.011
What is assault?
When someone intentionally and unlawfully threatened, either by word or act, to do violence to the victim with a weapon, appeared to have the ability to carry out the threat, created in the mind of the victim a well-founded fear that the violence was about to take place.
F.S. 784.021
What is aggravated assault?
These three things must be provide by a driver if requested on a traffic stop.
What is driver's license, registration, and proof of insurance?
These statutes should be used if a person if reasonably believed to be a harm to themselves or others and will likely succumb to harm without care due to mental health or substances respectively. The person declined voluntary examination after conscientious explanation and disclosure of the purpose of the examination or is unable to determine if examination is necessary.
What is a Baker and Marchman Act?
With regards to a firearm, the user is responsible for this.
What is every shot fired?
When someone actually and intentionally touched or struck the victim against their will or intentionally caused bodily harm.
F.S. 784.03
What is battery?
When someone actually and intentionally touched or struck the victim against their will and/or intentionally caused: bodily harm, permanent disability, or permanent disfigurement to the victim: and/or used a deadly weapon.
Or committed an unwanted touch or strike on someone who the suspect knew or should have known was pregnant.
F.S. 784.045(1)(a)
What is aggravated battery?
This type of approach to a vehicle during a traffic stop is often considered safer.
What is passenger side approach?
This is the level of authority you have when enacting a Marchman or Baker Act.
What is Protective Custody?
This provides a visual barrier and may stop bullets, while this other only provides a visual barrier.
What is cover and what is concealment?
When someone loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warranted justifiable and reasonable alarm or immediate concern for safety of persons or property in the vicinity.
F.S. 856.021
What is loitering and prowling?
When someone actually and intentionally touched or struck the victim against their will; and caused great bodily harm, permanent disability, or permanent disfigurement.
What is felony battery?
These citations require a signature, where refusal would result in a criminal charge.
After someone is taken into protective custody, they should be transported to this type of facility unless a medical reason is present.
What is a baker act central receiving facility?
When someone had a weapon which they exhibited in a rude, careless, angry, or threatening manner and did so in the presence of one or more persons.
F.S. 790.10
What is improper exhibition of a weapon/firearm?
When someone engages, by mutual consent, in fighting with another person in a public place to the terror of the people.
F.S. 870.01
What is a public affray?
When someone knowingly and intentionally impeded the normal breathing or circulation of the blood of the victim, against their will, by applying pressure on the throat or neck or by blocking the nose or mouth of the victim, and in doing so created a risk of harm or caused great bodily harm.
F.S. 784.031
What is battery by strangulation?
These are citations that require a mandatory court date.
What is: Any infraction which results in a crash that causes the death of another; causes “serious bodily injury” of another? 318.1933(1)
Passing a school bus with stop signs out? 316.172(1)(b)
An improperly secured load? 316.520(1 or 2)
Unlawful speed per, 316.183(2), 316.187, 316.189, 316.1926(2)
This must be refused for a Baker act or Marchman act to be enacted.
What is voluntary examination?
When someone knowingly and willfully openly carried a handgun or carried a concealed firearm or weapon in a: place of nuisance; PD, SO, FHP station; detention facility; courthouse; polling place; meeting of the governing body of a county, public school district, municipality, ect; Legislative meeting; school event not related to firearms; elementary school; career center; any portion of an establishment licensed to dispense alcoholic beverages, which portion is primarily devoted to such purpose; a college; passenger terminal of an airport; where prohibited by federal law.
F.S. 790.01
What is carrying a weapon in a prohibited place?
Any misdemeanor committed in an officer's presence, any felony, violation of an injunction for protection, act of domestic or dating violence, violation of a domestic or dating pretrial release conditions, battery, criminal mischief, violation of boat safety zone, racing or street takeover, exposure of sexual organs, a minor in possession of a firearm, trespass on school grounds or secure area of an airport, act of cyber sexual harassment, or assault upon someone acting during their duties as a first responder, transport employee, emergency medical care provider, or employee of a receiving facility, do not require this to make an arrest. F.S. 901.15
What is an arrest warrant? (Misdemeanor Exceptions)
What is a third-degree felony?
The maximum speed limit on residential streets in Florida per FL Statute.
What is 30 MPH?
This medical issue has incorrectly been the reason for Baker Act but is not covered under a baker act as it is not a mental health issue.
What is a diabetic emergency or dementia.
When a passenger refuses to roll down heavily tinted windows, or only partially cracks open the window, this is a good next step for officer safety during the traffic stop.
What is order the driver to exit the vehicle? (Pennsylvania vs Mimms)