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BLE Legal (Florida)

Florida Basic Law Enforcement Legal

TermDefinition
Case Law The body of law formed by the decision of the Court System (Judicial Branch). These Court-imposed decisions are based on the court's interpretation of constitutional provisions, and clarify the meaning of "Statute" or "Rule".
Civil Law Pertains to legal action a person takes to resolve a PRIVATE DISPUTE with another person.
Constitutional Law The form of Government we, as Americans, have established for ourselves; The Constitution defines our representational Government and it's 3 Branches ( Executive, Legislative, and Judicial)
Criminal Law Must clearly describe the unacceptable behavior and set a punishment for it.
Ordinances Statutes enacted by a Municipal (City) or County Government.
Statutory Law Written and enacted by Congress, State legislatures, or local governing authorities in response to a perceived need to clarify the function of Government (includes: Civil, Criminal, Administrative, and Regulatory Laws)
Due Process Clause A part of the 14th Amendment that expands the restrictions of the Bill of Rights places on the Federal Gov't to State and Local Government --"No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the USA"
Felony Any crime committed for which the maximum penalty is Death or Incarceration in a STATE Correctional Facility for MORE THAN 1 year.
Misdemeanor Any criminal offense with a maximum incarceration penalty in county jail UP TO 1 year.
Non-Criminal Violation An offense for which the only penalty may be a fine, forfeiture, or other civil penalty.
Offense Broadly describes acts that are punishable under Florida Law.
Consensual Encounter Involves no coercion, no detention, and therefore is no 4th Amendment.
Fellow Officer Rule Involves relying on the collective knowledge of other officers, in taking Law Enforcement action. Example: Making an investigative stop based on a BOLO.
Investigative Stop (Terry Stop) May be made only if the Officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation.
Live Lineup 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.
Show-Up Occurs when an officer locates a suspect a short time after the commission of an offense, and attempts to get one-on-one identification in the field by a victim or witness.
Mere Suspicion Sometimes described as a hunch or a gut feeling based on law Enforcement training and knowledge.
Photo Array A presentation to a victim or witness of a series of photographs in a non-suggestive manner for the purpose of identification of a suspect.
Pretext Stops 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 looking inside the vehicle for evidence of criminal activity.
Probable Cause Is a fair probability on reasonable grounds to believe that a crime was committed, based on the totality of the circumstances.
Proof Beyond a Reasonable Doubt Before a person may be found guilty of a crime and sentenced, the prosecution must present evidence sufficient to prove guilt of each element of the crime beyond a reasonable doubt.
Reasonable Suspicion The standard of justification needed to support a legal Terry Stop or investigative detention.
Totality of Circumstances A court review of all factors known to the officer at the time of the incident.
Curtilege The enclosed space of ground and outbuildings immediately surrounding a structure.
Exclusionary Rule A rule which states that evidence obtained illegally by Law Enforcement will not be admissible at trial.
Exigent Circumstances Certain emergencies such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrantless entry.
Forfeiture A civil proceeding wherein the Law Enforcement Agency asks the court to transfer ownership of the property from the defendant to the Government.
Search Occurs when the Government intrudes into a place where a person has a reasonable expectation of privacy
Search Warrant A court order that authorizes Law Enforcement to conduct a search and seizure
Seizure Occurs when the Government affects a person's right to have or control his or her property, usually by physically taking it.
Arrest Depriving a person of his or her liberty by legal authority
Arrest Warrant A court order authorizing Law Enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant.
Fresh Pursuit A legal doctrine that permits a Law Enforcement Officer to make an arrest of a fleeing suspect who crosses jurisdictional lines.
Notice to Appear A written order that may be issued by a Law Enforcement Officer in lieu of physical arrest requiring a person accused of violating the law to appear in court at a specified date and time.
Custody Means the suspect is deprived of freedom in a significant way.
Noncustodial interview An interview in which the person is not under arrest and a reasonable person would believe that he or she is free to leave at any time during the interview.
Corpus Delicti aka "Body of Offense" and that the person to be charged, committed the crime
Criminal Negligence The 4th category of intent, sometimes referred to as recklessness, imposes criminal liability on a defendant when he or she did not intend for his or her behavior to cause the resulting harm at all.
Culpable Negligence Consciously doing an act that the person knew or should have known was likely to cause injury
General Intent Defines most criminal offenses; which require some forbidden act by the offender
Intent Defined as, purposely doing what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet it's outcome
Specific Intent Requires more than reasonable expectations of the result.
Transferred Intent Present when and intentional act harms and unintended second victim.
Consent Intelligent, knowing, and voluntary consent and does not include coerced submission
Conveyance Any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car; to enter a conveyance includes taking apart any portion of the conveyance.
Cyber-Stalk To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
Domestic Violence Any assault, aggravated assault, battery, agg battery, sexual assault, sexual battery, stalking, agg stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of any one family or household member by another.
Family or Household Member Spouses, former spouses, persons related by blood or marriage, persons who are parents of a child in common, regardless of whether they have been married, with the exception of persons who have, in the past, resided together in the same dwelling unit.
Harrass To engage in a course of conduct directed at a specific person, which causes substantial emotion a distress to that person and serves no legitimate purpose.
Human trafficking Transporting, soliciting, maintaining, or obtaining another person for the purpose of exploitation of that person.
Sexual battery Oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration by another or by any other object.
Structure Any building of any kind, either temporary or permanent, which has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding the structure.
Accessory A person who aids or contributes in the commission or concealment of a crime
Accessory After the Fact An offense in which a person assists an offender while having knowledge that the felony is being, or has been committed
Attempt an offense when either the person did some act toward committing the crime except that someone or something prevented him or her from doing so, or the person failed.
Conspiracy A situation in which the offender agreed, conspired, combined, or confederated with the person(s) alleged to cause a crime to be committed
Solicitation An offense in which a person commands, hires, or requests another person to engage in specific conduct which would constitute the commission of an offense or an attempt
Suspect person believed to have committed a crime (Suspected Perpetrator)
Victim A witness who suffers and injury as a result of a crime
Witness Any person who has information about some element of the crime or about evidence or documents related to the crime.
Alibi A suspect or defendant's claim that he or she was not present when the alleged act was committed.
Consent Possible excuse against civil or criminal liability.
Defense of Property Common legal term describing a person's authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes is necessary to protect hi/her possessions from trespass or theft
Duress or Coercion A person who faces a threat from another and commits a criminal act in response, may have the legal defense of ______
Entrapment Occurs when a LEO uses undue persuasion or fraudulent means to induce a person to commit a crime he or she would not have otherwise committed.
Insanity Defined as, legally as any mental disorder so severe that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility
Intoxication A legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offenses.
Justifiable Use of Force A person may legally use force to defend the use of force by another
Mental Incompitance Recognizing that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal act occured.
Mistake (or Ignorance of Fact) A legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of reasonably mistaken belief about the facts relating to the circumstances.
Self Defense Commonly a legal term that describes the justifiable use of force that is necessary to protect ones self.
Statute of limitations Bars the state from prosecution of an individual after a certain period of time has elapsed since the criminal act occurred.
Admissibility of Evidence Refers to legal requirements that must be met before a jury is allowed to see or hear about the evidence.
Circumstantial or Indirect Evidence Requires an inference or presumption to establish a fact.
Contraband Anything that is illegal to possess. *Note* Illegal drugs are the most common example of this...
Direct Evidence That which proves a fact without inference or presumption and which. if true itself, conclusively established that fact.
Documentary Evidence Anything written or printed, which is offered to prove or disprove facts pertaining to the case.
Evidence Anything that tends to prove or disprove the existence of the fact.
Fruits of a Crime The objects obtained by the defendant as a result of committing the crime.
Hearsay A statement that is made out of court by someone not testifying at a trial or hearing, which offers evidence to prove or disprove the truth of the matter asserted.
Instrumentalities Items used by the defendant to commit the crime
Physical (or Real) Evidence Refers to actual objects which may be offered to prove facts about the case *Examples: Blood, Drugs, A Gun, Clothing, or money*
Testimonial Evidence Witness statements tending to prove or disprove facts about the case.
Probable Cause Affidavit (Or arrest Affidavit) A sworn, written statement by a Law Enforcement Officer establishing certain facts and circumstances to justify an arrest.
Deadly Force Any force that is likely to cause death or great bodily harm under F.S.S 776.06 *Note* The most common deadly force incidents involve the use of a firearm.
No Retreat Law "Has the right to stand his/her ground" and may "meet force with force, including deadly force when he reasonably believes it is necessary to do so to prevent death or great bodily harm"
Acting within the Scope of Employment Refers to the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business.
Breach of Duty This means that the defendant unreasonably failed in the duty that he/she was obligated to perform
Civil Liability Responsibility for a wrongful act or an omission, that injures a person or property and most often involves negligence.
Civil Rights Violation An unlawful interference with the fundamental rights of another person, such as the right to due process and equal protection under the law
Color of law When and officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation, he/she is acting under this law
Compensatory Damages Designed to compensate for the actual property damage, harm, or injury the plaintiff suffers. *Compensation for Damages (Harm)*
Criminal Liability Occurs when an officer is found guilty of committing a crime and is sentenced to incarceration or other penalties.
Direct Liability Arises in cases in which the officer committed an intentional or negligent tort in violation of the employing agencies order or policies
Emergency Doctrine When sudden peril requires instinctive action, an officer is not required to use the same degree of care as when there is time to reflect
Negligence Failure to use due or reasonable care in a situation that results in harm to another
Omission Neglecting to perform what the law or duty requires.
Proximate Cause the legal phrase for the link between the breach of duty and the harm caused (Damages)
Punitive Damages Damages awarded in addition to the actual damage when the defendant acted with recklessness, malice, or deceit
Qualified Immunity Protects "Government Officials" from a liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
Sovereign Immunity Derived from the common law idea that the king and his agents can do no wrong.
Tort An improper act in CIVIL LAW
Crime An improper act in CRIMINAL LAW
Vicarious Liability Occurs when one person or entity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury
Self-Help Repossession Florida law permits a creditor to take possession of the collateral after default without a court order, if that can be done without a breach of peace
Writ of Replevin When the creditor is entitled to possession of collateral after default, the creditor may go to court and obtain and order entitling the creditor to possession
Child, Juvenile, or Youth Any unmarried person under the age of 18 who has not been emancipated by order of the court, and who has been found or alleged to be dependent, in need of services, or from a family in need of services; or anyone under 18 charged with a violation of law
Government + Intrusion + REP A search or seizure, may be defined as the Government intruding where a person has a reasonable explanation of privacy (REP) The 3 elements that comprise a "Search" are thus Gov't + Intrusion + REP. If an element is missing, the 4th is not implicated
Theft (Elements of Crimes) Misdemeanor/Felony
Retail Theft (Elements of Crimes) Misdemeanor/Felony
Robbery (Elements of Crimes) Felony
Robbery by Sudden Snatching (Elements of Crimes) Felony
Carjacking (Elements of Crimes) Felony, 1st Degree
Home Invasion Robbery (Elements of Crimes) Felony, 1st Degree
Burglary (elements of Crimes) Felony
Possession of Burglary Tools (Elements of Crimes) Felony
Trespass in Structure or Conveyance (Elements of Crimes) Misdemeanor/Felony
Trespass on Property other than a Structure/Conveyance (Elements of Crimes) Misdemeanor/Felony
Loitering/Prowling (Elements of Crimes) misdemeanor, 2nd Degree
Assault (Elements of Crimes) Misdemeanor, 2nd Degree
Aggravated Assault (Elements of Crimes) Felony, 3rd Degree
Assault on LEO/Firefighter (Elements of Crimes) Misdemeanor
Aggravated Assault on LEO/Firefighter (Elements of Crimes) Felony
Battery (Elements of Crimes) Misdemeanor/Felony
Felony Battery (Elements of Crimes) Felony, 3rd Degree
Aggravated Battery (Elements of Crimes) Felony, 2nd Degree
Battery on a LEO/Firefighter (Elements of Crimes) Misdemeanor/Felony
Aggravated Battery on a LEO/Firefighter (Elements of Crimes) Felony
Homicide (Elements of Crimes) Murder - 1st Degree - Capital Felony Murder - 2nd Degree - Felony Felony Murder - 1st Degree - Capital Felony Felony Murder - 2nd & 3rd Degree- Felony Manslaughter - Felony Vehicular Homicide - Felony DUI Manslaughter - Felony
Disorderly Conduct/Breach of Peace (Elements of Crimes) Misdemeanor, 2nd Degree
Disorderly Intoxication (Elements of Crimes) Misdemeanor, 2nd Degree
Open House Party (Elements of Crimes) Misdemeanor, 2nd Degree
Selling/Giving Alcohol Under 21 YOA (Elements of Crimes) Misdemeanor, 2nd Degree
Possession of Tobacco to person under 18 YOA (Elements of Crimes) Misdemeanor, 2nd Degree
Selling/Delivering/Bartering, Furnshing/Giving Tobacco to person under 18 YOA (Elements of Crimes) Misdemeanor, 2nd Degree
(Drug Abuse) Sale/Purchase/Manufacture/Delivery/Possession within 1000ft of a School (Elements of Crimes) Felony
(Drug Abuse) Possession (Elements of Crimes) Felony, 3rd Degree/*Misdemeanor *Possession of Marijuana u/20g or possession of 3g or less of a controlled substance
(Drug Abuse) Use or Possession of Drug Paraphernalia (Elements of Crimes) Misdemeanor, 1st Degree
Resisting Officer WITHOUT Violence (Elements of Crimes) Misdemeanor, 1st Degree
Resisting Officer WITH Violence (Elements of Crimes) Felony, 3rd Degree
Stalking (Elements of Crimes) Misdemeanor, 1st Degree
Aggravated Stalking (Elements of Crimes) Felony, 3rd Degree
Sexual Battery - Victim less than 12 YOA (Elements of Crimes) Capital Felony
Sexual Battery - Person 12 YOA or Older Felony, 2nd Degree
Exposure of Sexual Organs (Elements of Crimes) Misdemeanor, 1st Degree
Lewd or Lascivious Offenses (Elements of Crimes) Misdemeanor, 1st Degree
Carrying Concealed Weapons Misdemeanor/Felony
Criminal use of Personal Identification Information - Identity Theft (Elements of Crimes) Felony
Forgery (Elements of Crimes) Felony
Uttering a Forged Instrument *Example - Passing a Check that you know was not signed by the account holder* (Elements of Crimes) Felony
Giving a Worthless Check (Elements of Crimes) Misdemeanor/Felony ** *Misdemeanor - Less than $150.00 *Felony - $150.00 or more
Elder Abuse (Elements of Crimes) No Criminal Jury Instructions
Child Abuse (Elements of Crimes) Felony
Kidnapping (Elements of Crimes) Felony
False Imprisonment (Elements of Crimes) Felony
Luring or Enticing a Child (Elements of Crimes) Misdemeanor/Felony *Person 18 YOA or older (Misdemeanor)
Human Trafficking (Elements of Crimes) Felony, 1st Degree
Human Smuggling (Elements of Crimes) Felony, 3rd Degree
(Offenses) Criminal Offense - Felonies Capital Felony - Death/Life Imprisonment (no Parole) Life Felony - Life Imprisonment, $15,000 fine or Both Felony, 1st Degree - 30 Years or Life, $10,000 fine or both Felony, 2nd Degree - 15 Years, $10,000 fine or both Felony, 3rd Degree - 5 Years
(Offenses) Criminal Offense - Misdemeanors Misdemeanor, 1st Degree - Imprisonment for UP TO 1 year, $1,000 fine, or both Misdemeanor, 2nd Degree - Imprisonment of up to 60 Days, $500 fine, or both
(Offenses) Non-Criminal Offenses/Civil Violation $500 fine, Forfeiture, or other Civil Penalty
(Offenses) Municipal/County Ordinance Violation - Civil/Criminal Civil Penalty of up to $500, imprisonment up to 60 days, or both
The 1st Amendment Freedom of Speech
The 2nd Amendment Right to Bear Arms
The 4th Amendment Search and Seizure
The 5th Amendment Prohibited compel self-incrimination
The 6th Amendment Right to a Speedy Trial
The 8th Amendment Prohibits excessive bails/fines, and cruel and unusual punishment
The 14th Amendment Due Process Clause (Everyone gets a hearing/trial)
Terry v. Ohio Stop and Frisk Law
Whren v. US Pretext Stops
United States v. Meade Fellow Officer Rule
Sawyer v. State Plain View (Search Warrants) Plain View and probable cause required
Carroll v. US Mobile Conveyance (Probable cause required)
Riggs v. State Emergency Scene
United States v. Robinson Incident to Arrest
Arizona v. Gant Scope of searches, incident to arrest involving vehicles
Created by: svt1017