administrative law
the body of law that allows for the creation of public regulatory agencies
case law
the body of law that is formed by the decisions of the court system
civil law
the area of law that pertains to the legal action that a person takes to resolve a private dispute with another person
constitutional law
the standards set forth in the Constitution and court decisions or interpretations of the Constitution handed down by U.S. District and Supreme Courts; identifies the powers and limitations of each branch of the U.S. government. LE700.2
criminal law
the part of statutory law that defines unacceptable behaviors and government prosecution of those who commit them
ordinance
a statute enacted by a municipal (city) or county government and which applies only within the jurisdiction of the governmental entity which created it; may be criminal or civil
statutory law
the written laws enacted by Congress, state legislatures, or local governing authorities in response to a perceived need
Bill of Rights
the first ten amendments to the U.S. Constitution
due process clause
a part of the Fourteenth Amendment that expands the restrictions the Bill of Rights places on the federal government to state and local governments
felony
a criminal offense committed within a state in which the maximum penalty is death or incarceration in a state correctional facility for more than one year LE138.1
misdemeanor
any criminal offense that is punishable by a term of imprisonment in a county correctional facility not in excess of one year LE138.1
noncriminal violation
an offense, also known as a civil infraction, for which the penalty may be a fine, forfeiture, or other civil penalty
offense
a criminal or noncriminal act punishable by law
BOLO
an acronym that stands for Be On the Look Out. A __________ is a description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect
consensual encounter
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
fellow officer rule
a rule that involves relying on the collective knowledge of other officers in taking law enforcement action
investigative stop
a stop that may be made only if an officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation
investigative stop
also known as a terry stop
live line-up
the presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non-suggestive manner for the purpose of identification
mere suspicion
a hunch or a gut feeling based on law enforcement training and knowledge but is not acceptable justification for interfering with someone's rights
photographic array
a presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect
plain touch/feel doctrine
a rule that during a valid stop and frisk allows an officer to seize an item he or she readily recognizes as contraband even if it does not feel like a weapon
pretext stop
a stop made by an officer on the basis of a traffic infraction when there is not enough information for reasonable suspicion to make the stop but for the purpose of investigating other, more serious criminal activity
probable cause
a fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances LE610.1
proof beyond a reasonable doubt
the standard used to determine if a criminal defendant is guilty and which holds that based on the facts of the case, there is no other reasonable explanation than that the defendant committed a crime
reasonable suspicion
the level of justification needed to support a legal Terry stop or investigative detention where an officer can articulate the facts that support a suspicion of a law violation
show-up
a one-on-one identification of a suspect in the field by a victim or witness orchestrated by a law enforcement officer a short time after the commission of an offense
totality of circumstances
a court review of all factors known to the officer at the time of the incident
Carroll doctrine
the principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity
curtilage
the enclosed space of ground and the outbuildings immediately surrounding a structure
exclusionary rule
a rule which state that evidence obtained illegally by law enforcement cannot be used as evidence in court LE742.4
exigent circumstances
certain emergencies, such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrantless entry
forfeiture
a civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government
search
any government intrusion into a place in which a person has a reasonable expectation of privacy LE742.2
search warrant
a court order that authorizes law enforcement to conduct a search and seizure
seizure
an act that occurs when the government affects a person's right to have or control his or her property, usually by physically taking that property LE742.2
English common law
The American legal system is based primarily on __________. LE700.1
-protect ownership of property
-regulate certain businesses
-raise revenue
In addition to maintaining order, laws also serve to __________, __________, and __________. LE700.1
-constitutional law
-statutory law
-ordinances
-criminal law
-case law
-civil law
There are several sources of laws that govern the way we live in the United States, including __________, __________, __________, __________, __________, and __________. LE700.3
Constitutional law
__________ defines the form of government Americans have established; the Constitution defines our representational government and its three branch structure (executive, legislative, and judicial). LE700.2
Constitutional law
Through __________, we can identify the powers and limitations of each branch. LE700.2
Constitutional law
__________ consists of standards set forth in the Constitution and of court decisions or interpretations of the Constitution handed down by U.S. District and Supreme Courts. LE700.2
State Constitution (Florida Constitution)
Florida has its own __________ which generally parallels the U.S. Constitution which affords Florida's citizens the same level of rights or greater than they derive from the federal Constitution. LE700.2
Statutory law
__________ is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. LE700.3
Statutory law
__________ includes civil, criminal, administrative, and regulatory laws. LE700.3
Criminal law
__________, an aspect of statutory law, identifies unacceptable behaviors and allows government prosecution of those who commit them. __________ also sets punishments for unacceptable behaviors. LE700.3
Ordinances
Local governments create __________ which regulate matters of narrow application, such as curfews for minors, restrictions on the hours when alcohol may be sold, or parking regulations. LE700.3
ordinances
__________ apply only within the jurisdiction of the governmental
entity that enacted them. Some violations are criminal while others are civil infractions. These laws cannot conflict with state or federal law, including case law. LE700.3
Administrative law
__________ contains all the statutes, judicial decisions, and regulations that govern U.S. governmental agencies. For example, Florida Administrative Code Chapter 11-B governs the training and certification of law enforcement officers. LE700.5
Judicial
Case law is formed by the decisions of the __________ branch of the court system. LE700.6
Case law
__________ is 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. LE700.6
precedent
Once an appellate court creates a rule, known as __________, you are required to follow that rule, unless a higher court changes the rule. LE700.6
True
TRUE OR FALSE.
Each circuit court ruling is binding on that jurisdiction. Because of this, there could be different case law in neighboring circuits. Officers must be aware of conflicting rulings and follow the case law in their own jurisdiction. LE700.6
U.S. Constitution
The __________ sets parameters within which the government operates and establishes laws. It defines a law enforcement officer's authority to act. LE700.7
Articles of the Constitution
The __________ form the Constitution's main body. Their purpose is 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.
supremacy clause
The __________ is a significant idea incorporated into the Constitution by the founding fathers. Set forth in Article VI, the __________ states that when laws conflict, federal law generally overrules state and local law. State law can be more restrictive
Amendments to the Constitution
The ___________ affect law enforcement officers more than any other part of the Constitution. Their purpose is to ensure that individual rights are not infringed upon by the government.
The Bill of Rights
According to the U.S. Constitution, all people stand equal before the law and therefore share certain rights. The purpose of government is to secure and protect these rights. The government is the agent of the people, not their master. These rights are kn
Due Process Clause
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 juri
due process clause
The Bill of Rights was originally intended to restrict the actions of the federal government only. The Fourteenth Amendment expanded the application of the Bill of Rights to state and local governments as well. This was done by the __________ of the Fourt
due process clauses
The __________ of the Fifth and Fourteenth Amendments require the government to be fair when taking away someone's life, liberty, or property. LE700.9
substantive and procedural
The two main components of due process are __________ and __________.
Substantive
__________ due process is the fair and consistent enforcement of the law. LE700.10
Procedural
__________ due process refers to the steps that must be followed to protect a person's rights during a criminal justice process. LE700.10
-suppression of evidence and confessions
-civil or criminal liability to the officer or the agency
The Constitution requires officers to get the right result the right way. Failure to abide by these rules may result in the __________, and __________. LE700.10
case law holdings
Violating __________ 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 prosecut
First
The __________ Amendment protects the freedom of speech, press, peaceful assembly, and religion.
First
Examples of law enforcement activities that may be affected by the __________ Amendment include arrests for disorderly conduct and seizure of press materials such as cameras, tapes, and writing material.
Second
The __________ Amendment guarantees the right to bear arms.
Chapter 790
Which chapter of the Florida Statutes sets forth the guidelines regarding firearms in the state of Florida?
Fourth
The __________ Amendment prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge).
Fourth
Law enforcement stops and arrests, including the use of force, are considered seizures and must meet the reasonableness requirement of this Amendment, which provides certain exceptions to law enforcement.
Fourth
Law enforcement activities affected by the __________ Amendment include law enforcement's entry into homes, vehicles, luggage, purses, or other places where a person has a reasonable expectation of privacy, including his or her person, and interference wi
Fifth
The __________Amendment is best known for prohibiting compelled self-incrimination.
Fifth
The __________ Amendment requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.
Fifth
Law enforcement activities affected by the __________ Amendment include interviewing and arresting suspects and taking law enforcement action in violation of due process.
Sixth
The ___________ Amendment guarantees the right to be informed of the nature of the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face an impartial jury.
Sixth
Law enforcement activities affected by the __________ Amendment are related to making contact with a suspect who is represented by counsel.
Eighth
The __________ Amendment prohibits excessive bails and fines and cruel and unusual punishment. Other than making a bond recommendation or request to the judge, a law enforcement officer has little to do with fines or punishment.
felony or misdemeanor
Criminal offenses are punishable by incarceration and classified as either __________ or __________.
Noncriminal offenses
__________, or civil infractions, are punishable by monetary fines or something other than incarceration.
Capital felony
The penalty for __________ offenses is death or life imprisonment in a state correctional facility without the possibility of parole.
First-degree murder
__________ described in s. 782.04(1), F.S., is a capital felony and the only capital felony for which the state may impose the death penalty. All other capital felonies require the state to impose a life sentence without the possibility of parole.
life felony
A __________ has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000, or both.
The crime was committed with the use of a weapon or firearm.
Why would some crimes classified as a first-degree felony, such as kidnapping or sexual battery, be reclassified as a life felony?
First-degree felony
A __________ carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.
second-degree felony
A _________ is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both.
third-degree felony
A _________ carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both.
False; extended
TRUE OR FALSE
Penalties of imprisonment may be decreased for defendants who have been classified as violent career criminals, habitual felony offenders, or habitual violent felony offenders.
� violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, and judges
� wearing a mask, hood, etc. to conceal identity while committing a felony or misdemeanor � evidencing prejudice w
Some crimes may be reclassified to the next higher degree when certain factors are present, which could result in enhanced penalties. Examples of such reclassifications include:
first-degree misdemeanor
A __________ carries a maximum penalty of one year in a county jail, a fine of $1,000, or both.
second-degree misdemeanor
A __________ carries a maximum penalty of 60 days in a county jail, a fine of $500, or both.
noncriminal violation
A "civil infraction" that carries the punishment of a $500 fine, forfeiture, or other civil penalty.
noncriminal violation
According to s. 775.08(3), F.S., a "___________ does not constitute a crime....
True
TRUE OR FALSE
When in conflict, state and federal statutes take precedence over local ordinances.
Municipal/ County Ordinance Violation
The maximum penalty for violating a __________ is a fine of $500 or incarceration in a county jail for a period of up to 60 days and/or both.
-mere suspicion
-reasonable suspicion
-probable cause
-proof beyond a reasonable doubt
What are the four standards of legal justification common to law enforcement officers? LE740.1
Fourth Amendment
As the certainty level that a particular person committed a crime rises, the __________ permits the officer to infringe more on a person's right to be left alone; the officer may detain the person, frisk him or her during an investigative stop, or arrest
� Was the person physically stopped or restrained by the officer?
� Was the person restricted from leaving at any time during the encounter?
� Was the person's freedom of movement restricted in any way? For example, did the officer's vehicle block the per
In determining whether an encounter was consensual, the court will look at all of the circumstances surrounding the encounter. Some questions the court may ask include:
-asking them if they are willing to answer questions
-questioning them if they are willing to listen
-offering voluntary answers to such questions as evidence in any criminal prosecution.
The Constitution doesn't prohibit officers from approaching pedestrians or motorists and engaging them in conversation by... LE740.3
Mere suspicion
__________ does not grant any enforcement authority. Detaining a person or searching him or her requires more than __________.
mere suspicion
Examples of _________ that might cause an officer to initiate a consensual encounter with a person include the following:
� a person wearing a winter coat in the middle of summer with the temperature in the mid-90s
� a dirty car with a clean vehicle tag
consensual encounter
A _________ may be based on mere suspicion or no suspicion at all.
investigative, or Terry, stop (based on Supreme Court case Terry v. Ohio)
The next level above consensual encounters is the __________.
Terry stop
The Florida Legislature incorporated the __________ guidelines into the Florida Stop and Frisk Law.
reasonable suspicion
Florida's Stop and Frisk law, s. 901.151, F.S., requires probable cause before a weapons pat down is permitted. Case law, however, has held that in this context the term probable cause means __________.
Reasonable suspicion
__________ is sometimes called "articulable suspicion" or "founded suspicion.
-Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968)
-Florida's Stop and Frisk law, s. 901.151, F.S.
LE740.4. Provide the sources of reasonable suspicion identified in federal and state law.
Reasonable suspicion
__________ may be established through a number of sources such as personal observation, information from fellow officers, information from third parties such as informants, and BOLOs (Be On the Look Out).
� a person's nervousness
� a person running or trying to evade the officer
� a person is in a known high-crime area
� the time and location of the encounter/stop
� a person's unusual dress or actions
� perceived smells or sounds
An officer's personal observations are formed by his or her training and experience and may include the following:
Illinois v. Wardlow, 528 U.S. 119, 124 (2000)
Which case law supports that "An individual's presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime...But officers are not required to ignor
Terry v. Ohio
In __________ the Court ruled that a law enforcement officer may frisk 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. The scope of t
(1) that the person is lawfully detained and (2) that the officer has reasonable suspicion to believe that the person possesses a dangerous weapon.
An officer may not automatically pat down every person detained. The two elements required for a lawful pat down or frisk are:
Mackey v. State, 124 So.3d 176 (Fla. 2013).
Which case law supports simply seeing a partially concealed firearm does not, standing alone, constitute reasonable suspicion or justify a frisk since many people may lawfully possess a concealed firearm?
Plain touch/ feel doctrine
An officer who conducts a valid stop and frisk as described above, and in the process feels an item he or she readily recognizes as contraband, may seize that contraband. Known as the __________, this rule allows the officer to seize the contraband even i
Minnesota v. Dickerson, 508 U.S. 366 (1993)
Which case law supports that "plain touch/feel does not permit any manipulation or groping of the object in an effort to identify it as contraband. The officer must be able to articulate that, based upon his or her training and experience, he or she immed
Terry
The duration of a __________ stop is limited to the time reasonably necessary to accomplish the purpose of the stop.
Whren v. U.S., 517 U.S. 806 (1996)
Pretext stops were formerly considered a violation of the Fourth Amendment. However, the U.S. Supreme Court, in __________, said that the courts are not required to consider an officer's motive for stopping a vehicle as long as the officer had an objectiv
Probable cause
The standard of justification required to make an arrest or conduct a search is __________. LE740.8
Draper v. U.S., 358 U.S. 307 (1959)
Which case law supports that "Probable cause exists where facts and circumstances within the arresting officer's knowledge and of which they had reasonably trustworthy information, are sufficient in themselves to warrant a man of reasonable caution in the
Illinois v. Gates, 462 U.S. 213, 232 (1983)
Which case law supports that "Probable cause is a fluid concept�based on the assessment of probabilities in particular factual contexts�not readily, or even usefully, reduced to a neat set of legal rules."? LE740.7
probable cause
Examples of __________ include a computer hit confirming that a vehicle is stolen, victim and witness sworn statements, and the odor of marijuana coming from inside a car.
probable cause
Commonly recognized sources for officers to rely on in establishing __________ include the fellow officer rule, a citizen informant, corroborated (verified) anonymous tips, reliable and credible confidential information, line-ups, and showups.
United States v. Meade, 110 F.3d 190, 193-94 (1st Cir. 1997)
What case law supports that "Under the 'fellow-officer' rule, law enforcement officials cooperating in an investigation are entitled to rely upon each other's knowledge of facts when forming the conclusion that a suspect has committed or is committing a c
the informant has given reliable information in the past or if it is independently corroborated.
Information from a confidential informant may be used to establish probable cause for an arrest or a search only if the information has been substantiated as credible and reliable. Information can be substantiated if ____________ or ____________.
photo arrays and live line-ups
Probable cause may also be based on identifications from __________ and __________.
Civil cases
In Florida, the burden of proof in __________ is "the greater weight (preponderance) of the evidence.
administrative proceedings
In __________, the burden of proof is "clear and convincing evidence.
Fourth Amendment
The __________ of the Constitution protects people from governmental intrusion into areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstan
-First, it must be authorized and signed by a neutral magistrate or judge.
-The warrant must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched.
-The basis o
LE742.3. State the legal requirements for a law enforcement officer to obtain a search warrant.
Davis v. U.S., 180 L.Ed. 285 (2011)
In the case __________, the Supreme Court held that "when the police conduct a search in objectively reasonable reliance on binding appellate precedent, the exclusionary rule does not apply.
Fruits of the Poisonous Tree doctrine
The__________ holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial.
Good Faith doctrine
The ___________ applies to an officer's actions in conducting a search according to a search warrant. If officers execute a search warrant they believe to be valid and a court later determines the warrant has a legal error, any seized evidence may still b
Government + Intrusion + REP (reasonable expectation of privacy
What are the three elements that comprise a Fourth Amendment "search?
-abandoned property
-open field
-plain view
-mobile conveyance
-exigent circumstances
-consent
-inventory
-administrative searches
-incident to arrest
LE610.3. State the (9) exceptions to the search warrant requirement in accordance with constitutional law.
abandoned property and open fields
Two search types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have a reasonable expectation of privacy in the place to be searched. Those are searches of __________ and ___
-First, the officer must lawfully be positioned where he or she can see the contraband.
-Second, the seized item must be in plain sight.
-Third, the criminal nature of the seized item must be immediately apparent.
LE742.6. Explain the three conditions of plain view that must be met for the legal exception to a search warrant requirement.
Case law Carroll v. U.S., 267 U.S. 132 (1925) supports that the principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal
LE742.7. Explain the mobile conveyance exception to the search warrant requirement as provided in case law.
Destruction of evidence is one of the exigent circumstances that permits search and seizure without a warrant. 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
LE742.8. Explain the destruction of evidence exception to the search warrant requirement as provided in case law.
Hornblower v. State, 351 So.2d 716 (Fla. 1977).
Which case law supports that the officer cannot create the exigent circumstance to justify a warrantless entry? LE742.8
Fresh Pursuit exception
__________ allows an officer to enter a residence or other private place, while chasing a suspect. It generally requires (1) probable cause that the suspect committed a serious crime, (2) immediate or continuous pursuit of the suspect, and (3) probable ca
emergency scene exception
The __________ involves a situation in which officers may make a warrantless entry in order to ensure their own safety or that of the public. For this exception to apply, the officer must have an objectively reasonable basis to believe that someone is in
Seibert v. State, 923 So.2d 460 (Fla. 2006)
Which case law supports the emergency scene exception? LE742.10
Consent
__________searches do not require probable cause, reasonable suspicion, or even mere suspicion. LE742.11.
Georgia v. Randolph, 547 U.S. 103 (2006)
Third party consent to search may be valid if the third party has mutual access and control over the area to be searched. Which case law supports that a search may not be done by consent of one co-tenant if another co-tenant is present and objects to the
withdrawn
Consent may be __________at any time during the search. Once __________, officers must stop searching immediately. LE742.11
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. LE742.12.
inventory
An __________ is a written list of all valuable property in a vehicle. This type of search is permitted only if the vehicle is impounded. LE742.12
-the vehicle may be lawfully parked, locked, and left at the scene of the arrest if that can be done safely.
-the vehicle may be turned over to a friend or family member of the arrested person if such a person is available.
-the vehicle may be impounded.
If the driver of a vehicle is arrested, what are the three options the officer has to properly secure the vehicle? LE742.12
Administrative
__________ searches generally do not require a warrant due to the setting or special conditions. These types of searches generally do not require warrants because they are for regulatory purposes and usually are not conducted by a law enforcement officer.
incident to arrest
When a person is lawfully arrested and taken into custody, he or she may be searched without a warrant. Such a search is reasonable under the Fourth Amendment. LE742.14
-the need to disarm the suspect in order to take him or her into custody
-the need to preserve evidence for later use at trial
The Supreme Court has noted "two historical rationales for the search incident to arrest exception: (1) _________ and (2) __________." See United States v. Robinson, 414 U.S. 218 (1973). LE742.14
-There must have been a lawful custodial arrest
-The search must be "substantially contemporaneous" or at the same time with the arrest.
What two requirements need to be met in order for an officer to conduct a search incident to arrest? LE742.14
custodial
An officer may not search incident to issuing a traffic citation or a notice to appear. There must be a physical, __________ arrest. LE742.14
Chimel v. California, 395 U.S. 752 (1969)
Which case law supports that "the scope of a search incident to arrest is the arrestee's person and the areas 'within the immediate control of the arrestee' at the time of the arrest."?LE742.14
Thornton v. U.S., 541 U.S. 615 (2004)
Which case law supports that "a search incident to arrest may also include a vehicle in which the arrested person was a passenger just before the arrest."? LE742.14
scope of constitutional searches (or scope of searches)
The __________ is limited to the items being searched. Once the items are found, the search must stop. LE742.15
� dangerous weapons
� fruits of the crime�objects obtained by the suspect as a result of committing the crime
� instruments of the crime�items used by the suspect to commit the crime
� contraband�anything that is illegal to possess
� evidence�anything tha
Whether conducting a search using a warrant or acting under a legally recognized exception, case law and statutes allow officers to search for what items? LE742.15
932.701�932.7062
Sections ____________, F.S., give law enforcement agencies the authority to seize and forfeit certain property known as contraband articles. LE742.16
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. LE742.16
probable cause
Because forfeiture deprives a person of interest of his or her property, officers must have ___________ to seize the property. LE742.16