SOCE State Officer Actual Exam Test Bank | Questions & Answers 2026/2027 | 100% Verified Solutions | Complete Study Guide | Grade A

SOCE State Officer Actual Exam Test Bank | Questions & Answers 2026/2027 | 100% Verified Solutions | Complete Study Guide | Grade A Q: LAW ENFORCEMENT OFFICER Answer ANY PERSON WHO IS ELECTED, APPOINTED, OR EMPLOYED FULL TIME BY ANY MUNICIPALITY OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; WHO IS VESTED WITH AUTHORITY TO BEAR ARMS AND MAKE ARRESTS; AND WHOSE PRIMARY RESPONSIBILITY IS THE PREVENTION AND DETECTION OF CRIME OR THE ENFORCEMENT OF THE PENAL, CRIMINAL, TRAFFIC, OR HIGHWAY LAWS OF THE STATE. Q: (F.A.C.) FLORIDA ADMINISTRATIVE CODE Answer IS THE OFFICIAL COMPILATION OF THE RULES AND REGULATIONS OF FLORIDA REGULATORY AGENCIES Q: (CJSTC) CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION Answer PROVIDE THE REQUIREMENTS AND STANDARDS FOR TRAINING AND CERTIFICATION PROCESS. • ACHIEVE A PASSING SCORE ON EACH OF THE WRITTEN END-OF COURSE EXAMS • SHOW PROFICIENTLY IN THE DUI TRAFFIC STOPS COURSE. • SHOW PROFICIENTLY IN THE HIGH LIABILITY COURSES • PARTICIPATE IN THE CJSTC PHYSICAL FITNESS PROGRAM. TO SUCCESSFULLY COMPLETE A BASIC RECRUIT TRAINING COURSE, RECRUITS MUST... Q: HOW MANY MEMBERS OF THE CJSTC COMPOSED OF? Answer 19 Q: HOW OFTEN DOES THE CJSTC COMMISSION MEETS? Answer QUARTERLY Q: CJPP Answer CRIMINAL JUSTICE PROFESSIONALISM PROGRAM Q: FDLE Answer FLORIDA DEPARTMENT OF LAW ENFORCEMENT Q: IN LAW ENFORCEMENT ANOTHER TERM FOR "CERTIFIED" IS? Answer SWORN Q: HOW MANY YEARS DOES THE RECRUIT HAVE FROM STARTING DATE OF BASIC RECRUIT TRAINING TO COMPLETE THE CERTIFICATION PROCESS? Answer 4 YEARS Q: AN APPLICANT HAS HOW MANY ATTEMPTS TO PASS THE STATE OFFICER CERTIFICATION EXAMINATION (SOCE)? Answer 3 Q: CERTIFIED (SWORN) AS A LAW ENFORCEMENT OFFICER, MUST DO? Answer 1. MEET ALL THE MINIMUM REQUIREMENTS AND STANDARDS. 2. COMPLETE THE APPROVED BASIC RECRUIT TRAINING. 3. PASS THE STATE OFFICER CERTIFICATION EXAM. 4. BECOME ACTIVELY EMPLOYED WITH A LAW ENFORCEMENT AGENCY. Q: WHAT ARE THE DISCIPLINARY ACTIONS THAT THE COMMISSION CAN TAKE AGAINST AN OFFICER'S CERTIFICATION? Answer • A WRITTEN REPRIMAND, PROBATION OF UP TO TWO YEARS (WITH OR WITHOUT MANDATORY RETRAINING OR COUNSELING, IF APPLICABLE) • SUSPENSION OF UP TO TWO YEARS (WITH OR WITHOUT MANDATORY RETRAINING OR COUNSELING, IF APPLICABLE) • REVOCATION OF CERTIFICATE Q: NOLO CONTENDERE Answer AN INDIVIDUAL DOES NOT ACCEPT OR DENY RESPONSIBILITY FOR THE CHARGES BUT AGREES TO ACCEPT PUNISHMENT. Q: UNDER THE FLORIDA LAW, THE COMMISSION MUST REVOKE AN OFFICER'S CERTIFICATION IF HE OR SHE... Answer IS CONVICTED, PLEADS GUILTY OR NOLO CONTENDERE, OR IS FOUND GUILTY OF ANY FELONY OFFENSE, REGARDLESS OF WITHHOLDING OF ADJUDICATION OR SUSPENSION OF SENTENCE. Q: CAN A PERSON CONTINUE TO WORK AS A CERTIFIED OFFICER IN THE STATE OF FLORIDA AFTER THE COMMISSION REVOKES THEIR CERTIFICATION? Answer NO Q: ORGANIZATION Answer GROUP OF TWO OR MORE PEOPLE WHO COOPERATE TO ACCOMPLISH ONE OR MORE OBJECTIVES. Q: HIERARCHY Answer SUBORDINATES THAT REPORT TO A SUPERVISOR. Q: CHAIN OF COMMAND Answer ORDER OF AUTHORITY WITHIN AN ORGANIZATION. Q: INSUBORDINATION Answer FALIURE TO FOLLOW ORDERS FROM SUPERIORS. Q: TABLE OF ORGANIZATION Answer A VISUAL REPRESENTATION OF THE STRUCTURE OF AN ORGANIZATION AND HOW THE VARIOUS JOBS AND POSITIONS ARE RELATED. Q: VIOLATIONS OF THE CHAIN OF COMMAND CAN RESULT IN WHAT? Answer MISCOMMUNICATION OF IMPORTANT INFORMATION DATA, THUS DAMAGING THE RELATIONSHIP BETWEEN THE OFFICER AND THE IMMEDIATE SUPERVISOR. Q: VERTICAL COMMUNIATION Answer INFORMATION THAT FLOWS DOWN THROUGH THE SUPERVISION LEVEL TO THE LOWEST LEVEL OF THE ORGANIZATION. Q: LATERAL COMMUNICATION Answer COMMUNICATION THAT TRAVELS ACROSS A LEVEL OF THE ORGANIZATION TO EMPLOYEES ON THE SAME LEVEL WITHIN THE CHAIN OF COMMAND. Q: DELEGATION OF AUTHORITY Answer WHEN A PERSON WITH AUTHORITY GRANTS POWER TO ANOTHER PERSON. Q: SEXUAL HARASSMENT Answer UNWELCOMES SEXUAL ADVANCES, REQUEST FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE. Q: DISCRIMINATION Answer NEGATIVE BEHAVIOR TOWARD A PERSON OR GROUP THAT IS BASED ON COLOR, RACE, SEX, AGE, RELIGION, ETHICS, NATIONAL ORGIN, HANDICAP, AND/OR MARITAL STATUS. Q: SEXUAL HARASSMENT IS A FORM OF Answer DISCRIMINATION CIVIL RIGHTS ACT OF 1964, TITLE VII Answer IT IS UNLAWFUL FOR EMPLOYERS TO DISCRIMINATE IN THE WORKPLACE WHAT ARE THREE EXAMPLES OF SEXUAL HARASSMENT BEHAVIOR? Answer 1. VERBAL 2. NON-VERBAL 3. PHYSICAL ACTIONS VERBAL ACTIONS Answer SEXUAL COMPLIMENTS, PRESSURING SOMEONE FOR DATES, OR RIDICULING WITH A SEXUAL MESSAGE. NONVERBAL ACTIONS Answer MAKING FACIAL GESTURES, DISPLAYING NUDE PICTURES, OR USING SUGGESTIVE BODY LANGUAGE. PHYSICAL ACTIONS Answer TOUCHING AND BRUSHING AGAINST SOMEONE HUGGING AND PATTING, OR HORSEPLAY. WHEN DOES HARASSMENT OCCUR? Answer WHEN THE HARASSER INTENDS TO UNREASONABLY INTERFERE WITH A PERSON'S PERFORMANCE OR CREATE AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT. QUID PRO QUO Answer SOMETHING FOR SOMETHING IN RETURN HOSTILE WORK ENVIRONMENT OFFICE CULTURE WHERE LEWD JOKE OR OTHER OFFENSIVE HABITS OCCUR. WHAT IS E.E.O.C. ? GOVERNMENTAL AGENCY THAT ENFORCES COMPLIANCE WITH THE CIVIL RIGHTS ACT (TITLE VII). VALUES ARE PRINCIPLES, STANDARDS, OR QUALITIES CONSIDERED WORTHWHILE OR DESIRABLE. THEY ARE CORE BELIEFS OR DESIRES THAT GUIDE OR MOTIVATES ONE'S ATTITUDES AND ACTIONS. PERSONAL VALUES INDIVIDUAL'S CONVICTIONS ABOUT WHAT IS RIGHT AND WRONG, BASED ON RELIGIOUS BELIEFS, CULTURAL ROOTS, FAMILY BACKGROUND, PERSONAL EXPERIENCES, LAWS, ORGANIZATIONAL VALUES, PROFESSIONAL NORMS, AND POLITICAL HABITS. ETHICS IS A STANDARD OF CONDUCT BASED ON MORAL DUTIES AND VIRTUES THAT ARE DERIVED FROM THE PRINCIPLES OF RIGHT AND WRONG. ETHICS INDICATE HOW A PERSON SHOULD BEHAVE. ETHICAL PRINCIPLES ARE RULES OF CONDUCT DERIVED FROM ETHICAL VALUES (AKA DO'S AND DON'TS) ETHICAL BEHAVIOR IS PRINCIPLED, VALUE-BASED DECISION MAKING, PRACTICED DAILY. BRIBERY CORRUPTLY TO GIVE, OFFER, OR PROMISE TO ANY PUBLIC SERVANT, OR, IF A PUBLIC SERVANT, CORRUPTLY TO REQUEST, SOLICIT, ACCEPT, OR AGREE TO ACCEPT FOR HIMSELF OR HERSELF OR ANOTHER, ANY PECUNIARY OR OTHER BENEFIT NOT AUTHORIZED BY LAW WITH AN INTENT OR PURPOSE TO INFLUENCE THE PERFORMANCE OF ANY ACT OR OMISSION WHICH THE PERSON BELIEVES TO BE, OR THE PUBLIC SERVANT REPRESENTS AS BEING, WITHIN THE OFFICIAL DISCRETION OF A PUBLIC SERVANT, IN VIOLATION OF A PUBLIC DUTY, OR IN PERFORMANCE OF A PUBLIC DUTY. PERJURY MAY BE DEFINED AS A FALSE STATEMENT THAT A PERSON MAKES UNDER OATH BUT DOES NOT BELIEVE TO BE TRUE. (GIVING FALSE EVIDENCE, FALSE STATEMENTS) D.A.V.I.D FLORIDA DRIVER AND VEHICLE INFORMATION DATABASE F.C.I.C./N.C.I.C. FLORIDA CRIME INFORMATION CENTER / NATIONAL CRIME INFORMATION CENTER C.J.N.E.T. FLORIDA CRIMINAL JUSTICE NETWORK GRATUITY IS ANYTHING OF VALUE INTENDED TO BENEFIT THE GIVER MORE THAN THE RECEIVER; IT IS SOMETHING GIVEN TO A PERSON BECAUSE OF THAT PERSON'S POSITION OR AUTHORITY. PROFESSIONALISM IS BEHAVIOR THAT DEMONSTRATES GOOD CHARACTER AND IS MARKED BY PRIDE IN SELF AND CAREER. STEREOTYPING A FIXED AND UNVARYING IDEA OR OPINION OF A PERSON, GROUP, OR SUBJECT. BIAS OR PREJUDICE IS A STRONG BELIEF OR FEELING ABOUT A PERSON, GROUP, OR SUBJECT, WHETHER POSITIVE OR NEGATIVE, THAT IS FORMED WITHOUT REVIEWING ALL AVAILABLE FACTS OR INFORMATION. DISCRIMINATION IS THE NEGATIVE BEHAVIOR TOWARD A PERSON OR GROUP THAT IS BASED ON COLOR, RACE, SEX, AGE, RELIGION, ETHNIC AND NATIONAL ORIGIN, HANDICAP, AND/OR MARITAL STATUS. PERCEPTION IMPRESSION IN A PERSON'S MIND OF AN INDIVIDUAL, A GROUP OF PEOPLE, OR EVENTS BASED ON EXPERIENCES, BIASES, BELIEFS, ASSUMPTIONS, AND OBSERVATIONS. ASSUMPTION A NOTION, STATEMENT, OR BELIEF ABOUT A PERSON, GROUP, OR EVENT THAT MAY OR MAY NOT BE FACTUAL. PEOPLE MAKE ASSUMPTIONS WHEN THEY CONSIDER SOMETHING TO BE TRUE OR FALSE WITHOUT PROOF OR DEMONSTRATION. ASSUMPTIONS ARE INTERPRETATIONS OF WHAT EXPERIENCE REVEALS AND MAY NOT ALWAYS BE ACCURATE. CRIMINAL JUSTICE REFERS TO THE STRUCTURE, FUNCTIONS, AND DECISION-MAKING PROCESSES OF THOSE AGENCIES THAT DEAL WITH THE MANAGEMENT AND CONTROL OF CRIME AND CRIMINAL OFFENDERS. THE 3 MAIN COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM ARE? • LAW ENFORCEMENT • THE COURT SYSTEM • CORRECTION LAW ENFORCEMENT IS RESPONSIBLE FOR THE ENFORCEMENT OF AND MAINTAINING CIVIL ORDER. COURT SYSTEM IS RESPONSIBLE FOR THE INTERPRETATION OF LAWS. CORRECTION IS RESPONSIBLE FOR ENFORCING PUNISHMENT AS DEFINED BY THE COURT SYSTEM. 4 LEVELS OF LAW ENFORCEMENT AGENCIES WITHIN THE U.S. ARE? • LOCAL OR MUNICIPAL, • COUNTY • STATE • FEDERAL LOCAL OR MUNICIPAL LAW ENFORCEMENT AGENCIES... ENFORCE THE ORDINANCES OF THE MUNICIPALITY AS WELL AS STATE LAWS WITHIN THE JURISDICTION OF THE AGENCY. COUNTY LAW ENFORCEMENT AGENCIES ENFORCE COUNTY ORDINANCES AND STATE LAWS WITHIN THE COUNTY. TRADITIONALLY, THEY ALSO HANDLE UNINCORPORATED AREAS, THE COUNTY JAIL, AND CIVIL PROCESSING. STATE LAW ENFORCEMENT AGENCIES ARE RESPONSIBLE FOR ENFORCING STATE LAWS WITHIN THE STATE. FEDERAL LAW ENFORCEMENT AGENCIES ENFORCE FEDERAL LAWS ACROSS THE STATE LINES AND WITHIN THE STATES. LOCAL LEVEL THE SINGLE LARGEST SEGMENT OF AMERICAN LAW ENFORCEMENT IS FOUND AT THE (FDLE) FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO PROMOTE PUBLIC SAFETY AND STRENGTHEN DOMESTIC SECURITY BY PROVIDING SERVICES IN PARTNERSHIP WITH LOCAL, STATE, AND FEDERAL CRIMINAL JUSTICE AGENCIES TO PREVENT, INVESTIGATE, SOLVE CRIMES WHILE PROTECTING FLORIDA RESIDENTS AND VISITORS. FWC FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ABT DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (ABT) DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO RESPONSIBILITIES ARE ... CONDUTING LICESENE DISPLINE INVESTIGATION; PROVIDING GUIDANCE, DIRECTION, AND LEADERSHIP TO LICENSEES; CONDUCTION CRIMINAL INVESTIGATIONS PURSUANT TO ALCOHOL AND TOBACCO LAWS AND STATUTES; AND DETERMINING THE NEED FOR USING EXTRAORDINARY EMERGENCY SUSPENSION POWERS WHEN A BUSINESS LICENSED BY ABT HAS BECOME AN IMMEDIATE DANGER TO HEALTH, SAFETY, AND WELFARE OF FLORIDA CITIZENS. (FBI) FEDERAL BUREAU OF INVESTIGATION MISSION IS TO UPHOLD THE LAW THROUGH THE INVESTIGATION OF VIOLATIONS OF FEDERAL CRIMINAL LAW; TO PROTECT THE UNITED STATES FROM FOREIGN INTELLIGENCE AND TERRORIST ACTIVITIES; TO PROVIDE LEADERSHIP AND LAW ENFORCEMENT ASSISTANCE TO FEDERAL, STATE, LOCAL, AND INTERNATIONAL AGENCIES; AND TO PERFORM THESE RESPONSIBILITIES IN A MANNER THAT IS RESPONSIVE TO THE NEEDS OF THE PUBLIC AND FAITHFUL TO THE CONSTITUTION OF THE UNITED STATES SECRET SERVICE CHARGED WITH THE DETECTION AND ARREST OF ANY PERSON COMMITTING ANY OFFENSE AGAINST THE LAWS OF THE US IN REGARDS TO COINS,CURRENCY,STAMPS, GOVERNMENT BONDS, CHECKS AND OTHER SECURITIES JURISDICTION MEANS THE TYPES OF CASES IN WHICH THE COURT CAN MAKE DECISIONS. (DEA) DRUG ENFORCEMENT ADMINISTRATION MISSION IS TO ENFORCE THE CONTROLLED SUBSTANCES LAWS AND REGULATIONS OF THE UNITED STATES AND TO RECOMMEND AND SUPPORT NON ENFORCEMENT PROGRAMS AIMED AT REDUCING THE AVAILABILITY OF ILLICIT CONTROLLED SUBSTANCES ON THE DOMESTIC AND INTERNATIONAL MARKETS. WHAT IS THE HIGHEST COURTS IN THE U.S.? FEDERAL COURTS THE HIGHEST COURT IN THE STATE OF FLORIDA IS? SUPREME COURT FLORIDA SUPREME COURT CONSIST OF _____ JUSTICES WHO ARE APPOINTED BY THE GOVERNOR. 7 MARSHAL SERVICE ARE RESPONSIBLE FOR WHAT? PROVIDING PROTECTION FOR THE FEDERAL JUDICIARY, TRANSPORTING FEDERAL PRISONERS, PROTECTING ENDANGERED FEDERAL WITNESSES, MANAGING ASSET SEIZED FROM CRIMINAL ENTERPRISES, AND PURSUING AND ARRESTING FEDERAL FUGITIVES. State Fire Marshal The Bureau of Fire and Arson Investigations is the law enforcement branch of the Division. HOW MANY FLORIDA COUNTY COURTS ARE THERE? 67 HOW MANY FLORIDA CIRCUIT COURTS ARE THERE? 20 SUPREME COURT OF THE U.S.... HIGHEST COURT AND CHIEF AUTHORITY IN JUDICIAL BRANCH. RESOLVES ISSUES OF CONSTITUTIONALITY AND FEDERAL LAW. THE _____IS AUTHORIZED TO PRESIDE OVER THE COURTROOM AND TO DECIDE QUESTIONS OF LAW BROUGHT BEFORE THE COURT. JUDGE THE _____IS RESPONSIBLE FOR PRESENTING THE GOVERNMENTS CASE. PROSECUTOR WHO IS RESPONSIBLE FOR MAINTAINING FILES AND OFFICIAL RECORDS AND ISSUING SUBPOENAS? CLERK OF THE COURT WHO IS RESPONSIBLE FOR SECURITY OF THE COURTROOM? BAILIFF _____ARE USED FOR BOOKING AND TEMPORARY DETENTION OF DEFENDANTS AWAITING TRIAL OR DISPOSITION ON FEDERAL OR STATE CHARGES AND CONVICTED OFFENDERS SENTENCES TO SHORT-TERM DETENTION. (YEAR OR LESS) COUNTY JAILS _____ CORRECTIONAL INSTITUTIONS MAINTAINED BY FEDERAL AND STATE GOVERNMENTS FOR THE CONFINEMENT OF CONVICTED. PRISONS PROBATION SENTENCE PLACING A PERSON UNDER THE SUPERVISION OF PROBATION INSTEAD OF CONFINEMENT PAROLE RELEASE OF AN INMATE FROM CORRECTIONAL FACILITY PRIOR TO CONCLUSION OF IMPOSED SENTENCE. COMMUNTY CONTROL (HOUSE ARREST) MORE RESTRICTIVE THAN PROBATION OR PAROLE. A form of social control or a method of encouraging people Law Other forms of social control Morality and Religion Natural Development of law is sometimes referred to as Common Law The American legal system is based primarily on English Common Law What are the sources of laws that govern the way we live in the United States? Constitutional Law Statutory Law Ordinances Criminal Law Case Law Civil Law Defines the form of government Americans have established; defines our representational government and its three-branch structure (executive, legislative, and judicial) Constitutional Law Written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. Includes civil, criminal, administrative, and regulatory laws. Statutory Laws The part of statutory laws that are defined unacceptable behaviors and government prosecution of those who commit them. Criminal Law Statutes enacted by municipal (city) or county government are know as what? Ordinances Pertains to the legal action that a person takes to resolve a private dispute with another person. Civil Law The body of law that allows for the creation of public regulatory agencies. It contains all the statutes, judicial decisions, and regulations that govern them. Administrative Law Is formed by the decisions of the court system (judicial branch). Case Law Protects individuals from governmental abuse of power and defines law enforcement's authority to act. The Constitution The first ten amendments of the Constitution is known as what? The Bill of Rights What forms the main body of the Constitution? The Articles of the Constitution Set forth in Article VI, the supremacy clause states what? States that when laws conflict, federal law generally overrules state and local law. Their purpose is to ensure that individuals rights are not infringed upon by the government. The Amendments to the Constitution Protects the freedom of speech, press, peaceful assembly, and religion. The First Amendment Guarantees the right to bear arms The Second Amendment Prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge) The Fourth Amendment Best known for prohibiting compelled self-incrimination. It also requires a grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process law. The Fifth Amendment Guarantees the right to be informed of the nature the charges, receive counsel, undergo a speedy and public trial, confront witnesses, and face impartial jury. The Sixth Amendment Prohibits excessive bails and fines and cruel and unusual punishment. The Eight Amendment Expanded the Bill of Rights to the state and local government. The Fourteenth Amendment Was originally intended to restrict the actions of the federal government The Bill of Rights Part of the Fourteenth Amendment that expands the restriction the Bill of Rights places on the federal government to state and local governments and states, " No state shall make or enforce any law which shall abridge the privileges and immunities of the citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process law; nor deny any person within its jurisdiction of the equal protection of the laws." The Due Process Clause The due process clauses of the Fifth and Fourteenth Amendments require what? Require the government to be fair when taking away someone's life, liberty, or property. The two main components of due process are? Substantive and Procedural The fair and consistent enforcement of the law Substantive due process Refers to the steps that must be followed to protect an individual's rights during a criminal justice process Procedural due process Criminal or noncriminal acts that are punishable under Florida law Offense Are punishable by incarceration and classified as either a felony or misdemeanor Criminal Offense Are punishable by monetary fines or something other than incarceration. Noncriminal Offense Any crime committed for which the maximum penalty is death or incarceration in a state correctional facility for more than one year. Felony The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole. A Capital Felony (highest class of felony) Has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000 or both. A Life Felony Carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000 or both A First-degree Felony Is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000 or both A Second-degree Felony Carries a maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000 or both A Third-degree Felony Crimes may be reclassified to the next higher degree when what factors are present? 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 while committing a crime (hate crime) Possessing a weapon while committing a crime Unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime Any criminal offense with a maximum incarceration penalty in a county jail of up to one year Misdemeanor Carries a maximum penalty of one year in a county jail, a fine of $1,000, or both A First-degree Misdemeanor Carries a maximum penalty of 60 days in a county jail, a fine of $500, or both A Second-degree Misdemeanor An offense for which the only penalty may be a fine, forfeiture, or other civil penalty A Noncriminal Violation The maximum incarceration in a county jail for a period of up to 60 days, a fine of $ 500 and/or both Municipal / County Ordinance Violation When does a classified first-degree felony, such as kidnapping or sexual battery become reclassified as a life felony? If the crime was committed with the use of a weapon or firearm What is criminal mischief involving property damage totaling less than $200 classified as? A second-degree misdemeanor What are the four standards of legal justification? mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt Occurs 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 A Consensual Encounter Described as a hunch or gut feeling based on law enforcement training and knowledge Mere Suspicion In determining whether an encounter was consensual, the court will look at what circumstances surrounding the encounter? Was the individual stopped or restrained by the officer? Was the individual restricted from leaving at anytime during the encounter? Was the individual's freedom of movement restricted in anyway? Was the officer doing more than asking questions? Any demands made by the officer can turn an encounter into a stop. If the officer has reasonable suspicion that a person stopped was committing, is committing, or is about to commit a law violation Investigative Stop 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 the frisk is limited to a pat down of outer clothing, containers, and property carried by the subject. U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968) A description of the suspect, the suspect's name, and any additional information that would help apprehend the suspect BOLO (Be On the Look Out) An officer must be able to articulate his or her reason for believing the subject possessed a weapon or the pat down will violate which Amendment? The Fourth Amendment The two elements required for a lawful pat down are? that the subject is lawfully detained and that the officer has reasonable suspicion to believe that the subject possesses a dangerous weapon. Rule allows officers to seize the contraband even if it does not feel like a weapon, does not permit any manipulation or groping of the object in an effort to identify it as contraband. The Plain touch / feel doctrine 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. Pretext Stop A fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of the circumstances. Probable Cause A court review of all factors known to the officer at the time of the incident Totality of Circumstances Relying on collective knowledge of other officers when taking law enforcement action. Fellow officer rule United States v Meade, 110 F.3d 190, 193-94 (1st Cir. 1997) 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 crime. A presentation of a series of photographs to a victim or witness in a non-suggestive manner for the purpose of identifying a suspect. Photographic Array 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 identification. Live line-up Occurs when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification of the suspect in the field by the victim or witness. Show-up The Fourth Amendment does what? Protects people from governmental intrusion into areas where they have a reasonable expectation of privacy. It prohibits search and seizures unless they are conducted with probable cause and under reasonable circumstances. Occurs when the government intrudes into a place where a person has a reasonable expectation of privacy. A Search Occurs when the government affects a person's right to have or control his or her property, usually by physically taking it. A Seizure The Fourth Amendment requires officers to obtain what before intruding into a place where an individual has reasonable expectation of privacy. A Search Warrant In order to be deemed valid, a search warrant must meet what legal requirements? It must be authorized and signed by a neutral magistrate or judge. 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 of the information in the affidavit must come from reliable sources. The affidavit may be anyone, but the person serving must have jurisdiction over the place chosen for service. The existence of probable cause will be determined on what? Will be determined based on the totality of the circumstances The Supreme Court has ruled that evidence obtained by government in violation of the Constitution cannot be used as evidence in court. This is known as what? Exclusionary Rule Holds that evidence gathered with the assistance of illegally obtained information must be exclude from trial is know as what? The Fruits of the Poisonous Tree doctrine Applies to an officer's actions in conducting a search pursuant to a search warrant. If the officer execute a search warrant they believe to be valid and a court later determines to have legal error, any seized evidence may still be admitted. The Good Faith Doctrine The three elements that comprise a Fourth Amendment "search" are? Government, Intrusion, and Reasonable expectation of privacy (REP) The two types that are often considered exceptions to the search warrant requirement are not technically searches because the person does not have reasonable expectation of privacy in the place to be searched are? Abandoned property and open fields The contents of a trash can which has been put out by the curb for pick up and when officers can seize it and search through it without a warrant is an example of what? Abandoned property Areas of someone's property where there is no reasonable expectation of privacy. Open fields The space of ground and outbuildings immediately surrounding a structure of someone's home and an open field Curtilage The law presumes that a search without a warrant is invalid; however there are a number of exceptions which require probable cause which are what? Plain view, mobile conveyance, exigent circumstances Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause to believe that the item is contraband or crime evidence. Plain View Maybe conducted without a warrant even if there may be time to obtain a warrant, must be licensed, registered, and insured, and are easily moved, they have a reduced expectation of privacy, and does not have to occur at the same time as the stop. Probable cause is required. Mobile Conveyance 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. The Carroll Doctrine Carroll v. U.S., 267 U.S. 132 (1925) If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search. U.S. v. Ross, 456 U.S. 798 (1982) Certain emergencies such as evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry. Exigent Circumstances One of the exigent circumstances that permits search and seizure without a warrant. If the officer has probable cause to believe that contraband or evidence is in immediate danger of being destroyed, the officer does not need to obtain a search warrant before seizing the contraband to justify a warrantless entry. Destruction of Evidence Allows an officer to enter a residence or other private place, while chasing a suspect. Fresh Pursuit What does fresh pursuit require? probable cause that the suspect committed a serious crime, immediate or continuous pursuit of the suspect, and probable cause that the suspect is in the premises that is being entered without a warrant, What exception involves a situation in which an officer 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 immediate danger. Emergency Scene What additional search warrant exceptions require less than probable cause? consent, inventory, administrative, incident to arrest Searches that do not require probable cause, reasonable suspicion, or even mere suspicion. If it is knowing and voluntary and the person giving it has authority to do so, then the search is valid and any evidence can be used in court. Consent means the consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of lawful authority. In other words, a reasonable person under the circumstances would feel that he or she could refuse the request for consent to search. Voluntary Consent When is third party consent to search valid? If the third party has mutual access and control over the area to be searched. A search may not be done by consent of one co-tenant if another co-tenant is present and objects to the search. What action must an officer take when consent is withdrawn at anytime during the search? Once withdrawn, the officer must stop searching immediately. The scope of consent can be limited as well. Not designed to search for evidence but to protect the arrested person's property and to protect the officer from accusations of theft. It is a written list of all valuable property in the vehicle. Inventory Search Generally do not require a warrant due to the setting or special conditions. Subjects of this type of search include students, public schools, people in government offices, government property(such as desk. lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on parole or probation. Administrative Searches 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. Incident to Arrest What are the two Supreme Court has noted "two historical rationales for the search incident to arrest exception? the need to disarm the suspect in order to take him of her into custody and the need to preserve evidence for later use at trial. A search incident to arrest may only be conducted when what two requirements are met? there must have been a lawful custodial arrest, the search must be "substantially contemporaneous" or at the same time with the arrest. A search incident may not be conducted unless there is what? A custodial arrest Include items which are illegal to possess, items used in the commission of a felony, and items purchased with the profits of felonious activity. Contraband Articles Because forfeiture deprives a person of interest of his or her property, officers must have what to seize the property? Must have probable cause As depriving a person of his or her liberty by legal authority. Arrest Two types of arrests under Florida law arrest with warrants and arrest without a 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. Probable cause contained in an affidavit is required to obtain what? An Arrest Warrant A law enforcement officer may make a probable cause arrest without a warrant under what circumstances? 1. The person has committed a felony or misdemeanor of violation a county or municipal ordinance in the presence of the officer 2. The person committed a felony outside of the officer's presence, but the officer has probable cause to believe that the person committed it. 3. A warrant for arrest has been issued and is being held by another law enforcement officer or agency. 4. The general rule is that an officer may not make an arrest for a misdemeanor which does not occur in his or her presence. Carrying a Firearm in Violation of an Injunction, Battery, Act of Retail Theft, Traffic Offenses Related to Crash Investigation, Carrying a Concealed Weapon, Disorderly Conduct on Premises of Establishment, Theft from a Dining or Lodging Establishment, Trespass on School Grounds, Possession of Cannabis 20 grams, Stalking, Transit Fare Evasion, Criminal Mischief, Trespass on Certain Properties, Act of Domestic Violence, Violence of Injunction for Protection Misdemeanor Exceptions After an officer has developed probable cause, he or she has what three choices? terminate the encounter, issue a notice to appear, or physically take the suspect into custody 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 the court at specified date and time. Notice to Appear (NTA) Also called an arrest affidavit - is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. This document is used by the judge to determine if there was sufficient probable cause to detain the individual. Probable Cause Affidavit ( elements of the crime) A legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines Fresh Pursuit The United States Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment In Graham v. Connor, 490 U.S. 386 (1989) The objective reasonableness test requires the officer to answer what two questions about level of force used in situation? Was the action reasonable and necessary?, and was the amount of force applied reasonable and necessary? Conditions required before an officer may use deadly force in stopping a fleeing felon: when deadly force is necessary to prevent the suspect from escaping, when a warning has been given, when feasible; when the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or when the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. The United States Supreme Court stuck down a Tennessee law which allowed law enforcement officers to use whatever force was necessary to stop fleeing felons. Tennessee v. Garner, 471 U.S. 1 (1985) Any force that is likely to cause death or great bodily harm under s. 776.06, F.S. Deadly Force The court decided that whenever a law enforcement officer questions a suspect in custody, the officer must advise the person of certain Constitutional rights. Miranda v. Arizona. 384 U.S. 436, 86 S.Ct. 1602 (1966) Four elements to the Miranda decision Custody, interrogation, understanding, and free and voluntary waiving of rights. The suspect is deprived of freedom in a significant way. Custody When is a suspect considered in custody? Generally, interviews at the scene - such as Terry stops, traffic stops, and field sobriety exercises - are not considered custody because they are typically brief in nature. Handcuffing the subject or otherwise restricting his or her movement so that he or she is not free to leave is considered custody. In deciding whether a person is in the custody for the purpose of Miranda, courts ask what two questions? What were the facts and circumstances surrounding the interrogation. Given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. To refer to the process of interrogating or questioning a suspect Custodial Interview The elements of interrogation include questioning initiated by law enforcement that is what? Direct or indirectly Officers are only required to provide a suspect with Miranda warnings when? When the elements of custodial interrogation have been satisfied. The rights should be read one time from an agency-provided Miranda card or form. Once the Miranda warnings are required. Although the law does not require that Miranda warnings be given identically every time, officers should get in the habit of what? Officers should get in the habit of always reading from a Miranda card or form. Once the suspect has been advised of his or her Miranda rights, a what is required before questioning may commence? A waiver What happens when a suspect makes a clear and unequivocal request to invoke any of his or her rights under Miranda? All questioning must cease immediately Before a person can be charges with a criminal offense, the officer must have evidence that a crime has been committed. This legal principle is known as what? Corpus Delicti - "body of the offense" The officer must determine whether the elements of criminal act are present and have probable cause to believe what? That the person to be charged committed the crime To determine whether a statute specifically prohibits an alleged act or omission to act, or to determine the requisite intent to commit the crime, an officer needs to do what? An officer needs to determine what specific acts or facts must be present before an offender can be charged with a crime. As purposely do what the law declares to be a crime, whether the person's purpose was to commit the crime or to meet its outcome. Intent Basic classifications of intent general, specific, transferred, and criminal negligence Most criminal offenses and requires some forbidden act by the offender. To qualify as an act, the offender's bodily movement must be voluntary General Intent Requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act. Specific Intent Present when an intentional act harms an unintended second victim Transferred Intent Recklessness, imposed criminal liability on defendants when they did not intend for a behavior to cause the resulting harm. Criminal Negligence Consciously doing an act that the person knew or should have known was likely to cause death or great bodily harm Culpable Negligence Simple negligence cannot give rise to criminal charges; it is only when that negligence is gross or flagrant that it reaches the level of criminal responsibility called? Culpable Negligence an act that the law makes punishable. Crime The State must prove the following elements to convict a suspect of what? 1. The offender knowingly and unlawfully obtained or used or endeavored to obtain or use the property of another. 2. The offender did so with intent, either temporarily or permanently, to deprive victim of his or her right to the property or any benefit from it with the intent to deprive the victim of its use, or appropriate the property of the victim to his or her own use or to the use of any person not entitled to it. Theft, s. 812.014, F.S., Misdemeanor/Felony The State must prove the following elements to convict a suspect of what? 1. The offender knowingly did one of the following: a. took possession of or carried away merchandise b. altered or removed a label or price tag from merchandise c. transferred merchandise from one container to another d. removed a shopping cart from a merchant's premises 2. The offender intended to deprive the merchant of the possession, use, benefit, or full retail value of the merchandise or shopping cart. Retail Theft, s. 812.015(1), F.S., Misdemeanor/Felony If the property stolen is valued at less than $300, the offender commits the misdemeanor of what? Petit Theft If the property is valued at $100 or more but less than $300, and is taken from a dwelling or the curtilage thereof, stealing it is what? A Felony If the property stolen is valued at over $300, the offender commits the felony of what? Grand Theft A person who commits petit theft and who has been previously convicted of any theft commits a what? A Misdemeanor A person who commits petit theft, and who has been previously convicted two or more times of petit theft, commits a what? A Felony Regardless of its value, sometimes a felony is determined by what type of property that is stolen? • will or other testamentary instrument • firearm • motor vehicle • any commercially farmed animal • an aquaculture species raised at a permitted aquaculture facility • fire extinguisher • 2,000 pieces of citrus fruit • property from a posted construction site • any stop sign • property, funds, or assets from a person 65 years of age or older • anhydrous ammonia The State must prove the following four elements to convict a suspect of what? 1. The offender took the money or property from the victim or from custody of the victim. 2. Force, violence, assault, or putting in fear of violence was used in the course of the taking. 3. The property taken was of some value. 4. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it. Robbery, s. 812.13, F.S., Felony The difference between theft and robbery is what? That robbery involves the use of force against a person. The State must prove the following elements to convict a suspect of what? 1. The offender took the money or property from the victim or from custody of the victim. 2. The property taken was of some value. 3. The victim was or became aware of the act in the course of the taking. 4. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it. Robbery by Sudden Snatching, s. 812.131, F.S., Felony. The State must prove the following elements to convict a suspect what? 1. The offender took the motor vehicle from the victim or custody of the victim. 2. Force, violence, assault, or putting in fear of violence was used in the course of the taking. 3. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the vehicle or any benefit from it. Carjacking, s. 812.133, F.S., Felony. The State must prove the following elements to convict a suspect of what? 1. The offender entered the dwelling of the victim. 2. At the time that the offender entered the dwelling, he or she intended to commit robbery. 3. While inside the dwelling, the offender did commit robbery. Home Invasion Robbery, s. 812.135, F.S., Felony. The State must prove the following elements to convict a suspect of what? 1. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or person authorized by the owner or lessee, to depart and refuses to do so. 2. The structure or conveyance was in the lawful possession of the owner, lessee, or other person authorized by the owner or lessee. Trespass-In Structure or Conveyance, s. 810.08 F.S., Misdemeanor / Felony. If the offender is armed or becomes armed the trespass becomes what? A felony means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. Structure means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion of the conveyance. Conveyance means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile, or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night. Dwelling The State must prove the following elements to convict a suspect of what? 1. The offender willfully entered upon or remained in the property. 2. The property was owned by or was in the lawful possession of the owner, lessee, or other person authorized by the owner or lessee. 3. Notice against entering or remaining was given, either by actual communication to the offender or via posting, fencing, or cultivation of the property. 4. The offender's entering or remaining in the property was without permission, expressed or implied, of the owner, lessee, or any other person authorized to give that permission. Trespass—On Property Other than a Structure or Conveyance, s. 810.09, F.S., Misdemeanor/Felony The State must prove the following elements to convict a suspect of what? 1. The offender entered and/or remained in a structure or conveyance owned by or in the possession of the victim. 2. The offender did not have the permission or consent of the victim, or anyone authorized to act for the victim, to enter and/or remain in the structure or conveyance at the time. 3. At the time of entering and/or remaining in the structure or conveyance, the offender had a fully formed, conscious intent to commit the crime that is listed in the charge. Burglary, s. 810.02, F.S., Felony involves an entry into some place without permission to enter in order to commit a crime therein. A burglary The State must prove the following elements to convict a suspect of the possession of what? 1. The offender intended to commit a burglary or trespass. 2. The offender had in her or her possession a tool, machine, or implement that he or she intended to use or allow to be used in the commission of the burglary or trespass. Possession of Burglary Tools, s. 810.06, F.S., Felony The State must prove the following elements to convict a suspect of what? 1. The offender loitered or prowled in a place at a time or in a manner not usual for law-abiding individuals. 2. Such loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Loitering or Prowling, s. 856.021, F.S., Misdemeanor The State must prove the following elements to convict a suspect for what? 1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim. 2. At the time, the offender appeared to have the ability to carry out the threat. 3. The act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place. Assault, s. 784.011, F.S., Misdemeanor The State must prove the following elements to convict a suspect of what? 1. The offender intentionally and unlawfully threatened, either by word or act, to do violence to the victim. 2. At the time, the offender appeared to have the ability to carry out the threat. 3. The act of the offender created in the mind of the victim a well-founded fear that the violence was about to take place. 4. The assault was made with a deadly weapon without the intent to kill, or the assault was made with the intent to commit a felony. Aggravated Assault, s. 784.021, F.S., Felony The State must prove one of the following elements to convict a suspect of what? 1. The offender actually and intentionally touched or struck the victim against the victim's will. 2. The offender intentionally caused bodily harm to the victim. Battery, s. 784.03, F.S., Misdemeanor/Felony The State must prove the following elements to convict a suspect of what? 1. The offender actually and intentionally touched or struck the victim against the victim's will. 2. The offender caused the victim great bodily harm, permanent disability, or permanent disfigurement. Felony Battery, s. 784.041, F.S., Felony The State must prove the following elements to convict a suspect of what? 1. The offender intentionally touched or struck the victim against his or her will or caused bodily harm to the victim. 2. The offender, in committing the battery, a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or b. used a deadly weapon, or c. knew or should have known that the victim was pregnant. Aggravated Battery, s. 784.045, F.S., Felony Because there is not a specific charge of domestic violence, what would the actual crime generally be? The actual crime would generally be one of the aforementioned with enhancement added to the charge, i.e., battery (domestic violence) or aggravated battery (domestic violence). any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. Domestic Violence spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Family or Household Member All of the following criminal homicides are felonies. Murder, s. 782.04, F.S. Felony Murder, s. 782.04, F.S. Manslaughter, s. 782.07, F.S. Aggravated Manslaughter, s. 782.07, F.S. Vehicular Homicide, s. 782.071, F.S. DUI Manslaughter, The State must prove one of the following elements to convict a suspect of what? 1. The act was of a nature to corrupt the public morals. 2. The act outraged the sense of public decency. 3. The act affected the peace and quiet of persons who witnessed it. 4. The person charged engaged in brawling or fighting. 5. The person charged engaged in any such conduct as to constitute a breach of peace or disorderly conduct. Disorderly Conduct/Breach of Peace, s. 877.03, F.S., Misdemeanor The State must prove at least one of the following elements to convict a suspect of what? 1. The offender was intoxicated and endangered the safety of another person or property. 2. The offender was intoxicated or drank any alcoholic beverage in a public place or in or upon a public conveyance and caused a public disturbance. Disorderly Intoxication, s. 856.011, F.S., Misdemeanor The State must prove the following elements to convict a suspect of what? 1. An adult was in control of the residence. 2. The adult knowingly allows a social gathering. 3. The possession or consumption of alcoholic beverages or controlled substances by one or more minors occurs during the gathering. Open House Party, s. 856.015, F.S., Misdemeanor The State must prove the following elements: 1. The defendant sold, gave, or served the beverage. 2. The beverage was an alcoholic beverage. 3. The person served was under the age of 21. Selling or Giving Alcoholic Beverages to a Person Under the Age of 21, s. 562.11, F.S., Misdemeanor The State must prove the following elements: 1. The defendant is under 21. 2. The defendant is in possession of or is consuming an alcoholic beverage. Possession of Alcoholic Beverage by a Person Under the Age of 21, s. 562.111, F.S., Misdemeanor The State must prove the following elements: 1. The defendant is under 18. 2. The defendant has in his or her possession a tobacco product. Possession of Tobacco Products by a Person Under 18 Years of Age, s. 569.11, F.S., Noncriminal Infraction The State must prove the following elements: 1. The defendant sold, delivered, bartered, furnished, or gave the product. 2. The person served was under the age of 18. 3. The item sold, delivered, bartered, furnished, or given was a tobacco product. Selling, Delivering, Bartering, Furnishing, or Giving Tobacco Products to Persons Under 18 Years of Age, s. 569.101, F.S., Misdemeanor The State must prove the following elements to convict a suspect of what? 1. The offender sold, purchased, manufactured, delivered, or possessed with intent to sell, purchase, manufacture, or deliver a certain substance. 2. The substance was the specific substance alleged. 3. If possession is charged, the offender had knowledge of the presence of the substance. Drug Offenses—Sale, Purchase, Manufacture, Delivery, or Possession with Intent, s. 893.13(1)(a), F.S., Felony Certain drugs and chemical substances are, by law, known as what? Controlled Substances A "specific substance alleged" is a controlled substance. The State must prove the following elements to convict a suspect of what? 1. The offender sold, purchased, manufactured, delivered, or possessed with intent to sell, purchase, manufacture, or deliver a certain substance. 2. The act occurred in, on, or within 1,000 feet of the real property comprising a child care facility or a public or private elementary, middle, or secondary school between the hours of 6:00 a.m. and 12:00 midnight. 3. The substance was the specific substance alleged. 4. The offender had knowledge of the presence of the substance. Drug Abuse—Sale, Purchase, Manufacture, Delivery, or Possession within 1,000 feet of a School, ss. 893.13(1)(c), (d), (e), and (h), F.S., Felony The State must prove the following elements to convict a suspect of what? 1. The offender possessed a certain substance. 2. The substance was the specific substance alleged. 3. The offender had knowledge of the presence of the substance. Drug Abuse—Possession, s. 893.13(6)(a), F.S., Felony and s. 893.13(6)(b), F.S., Misdemeanor* for possession of marijuana less than 20 grams or possession of 3 grams or less of a controlled substance described in ss. 893.03(1)(c)46.-50,114.-142, 151.-159, or 166.-169., F.S., and controlled substances listed in s. 893.03(5), F.S. Misdemeanor The State must prove the following elements to convict a suspect of use/possession of drug paraphernalia: 1. The offender used or had in his or her possession, with intent to use, drug paraphernalia. 2. The offender had knowledge of the presence of the drug paraphernalia. Use or Possession of Drug Paraphernalia, s. 893.147(1), F.S., Misdemeanor The State must prove the following elements to convict a suspect of resisting an officer without violence: 1. The offender resisted, obstructed, or opposed the victim (officer). 2. At the time, the victim (officer) was engaged in the execution of the legal process or the lawful execution of a legal duty. 3. At the time, the victim was an officer. Resisting Officer without Violence, s. 843.02, F.S., Misdemeanor The State must prove the following elements to convict a suspect of resisting an officer with violence: 1. The offender knowingly and willfully resisted, obstructed, or opposed the victim (officer) by offering to do him or her violence or by doing violence to him or her. 2. At the time, the victim (officer) was engaged in the execution of legal process or lawful execution of a legal duty. 3. At the time, the victim was an officer. Resisting Officer with Violence, s. 843.01, F.S., Felony The State must prove that the offender willfully, maliciously, and repeatedly the following. 1. Harass means 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. 2. Cyber-stalk means to engage in a course of conduct to communicate, or cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. Stalking, s. 784.048(2), F.S., Misdemeanor The State must prove the following elements to convict a suspect of what? 1. The offender willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim. The offender made a credible threat with the intent to place the victim in reasonable fear of death or bodily injury to him- or herself. Aggravated Stalking, ss. 784.048(3), 784.048(4), and 784.048(5)*, F.S., Felony means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, does not include an act done for a bona fide medical purpose. Sexual Battery, s. 794.011, F.S., Felony means intelligent, knowing, and voluntary and does not include coerced submission. Consent The several factors to identify when determining the correct charge during a sexual battery investigation are what? • The victim's age • The offender's age • Consent • Injuries to the victim • Types of threats made to the victim • Whether the victim was drugged by the offender • Whether the victim was physically incapacitated • Whether the victim is mentally defective • Whether the victim is in custody or control of the offender who is a police officer, correctional officer, or probation officer. The State must prove the following elements to convict a suspect of what? 1. The offender exposed or exhibited his or her sexual organs, or was naked. 2. The offender did so, or was naked, in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises. Exposure of Sexual Organs, s. 800.03, F.S., Misdemeanor The State must prove the following elements to convict a suspect of unnatural and lascivious acts. 1. The person commits any unnatural lascivious act with another person. Unnatural and Lascivious Acts, s. 800.02, F.S., Misdemeanor means not in accordance with nature or with normal feelings or behavior. Unnatural means a wicked, lustful, or unchaste, licentious, or sensual intent on the part of the person doing the act. Acts are not vulgar, indecent, lewd, or lascivious unless such acts cause offense to one or more persons or the acts substantially intrude upon the rights of others. Lascivious Lewd and Lascivious Offenses Committed upon or in the Presence of a Minor under 16, is what charge? Felony Engaging in sexual activity or encouraging, forcing, or enticing any person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. Lewd or Lascivious Battery Intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them or forcing or enticing a person to so touch the perpetrator. Lewd or Lascivious Molestation Intentionally touching a person in a lewd or lascivious manner, or soliciting a person to commit a lewd or lascivious act. Lewd or Lascivious Conduct Intentionally masturbating; intentionally exposing the genitals in a lewd or lascivious manner; or intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim. Lewd or Lascivious Exhibition The State must prove the following elements to convict a suspect of what? 1. The defendant secretly observed the victim. 2. The act alleged was done with a lewd, lascivious, or indecent intent. 3. When the victim was observed he/she was in a dwelling, structure, or conveyance in which he/she had a reasonable expectation of privacy. *Note: A second offense increases the crime to a felony. Voyeurism, s. 810.14, F.S., Misdemeanor/Felony* The State must prove the following elements to convict a suspect of what? 1. The defendant knowingly and unlawfully engaged in the activity. 2. The defendant played in any game of cards, keno, roulette, faro or other game of chance for money or thing of value. Gambling, s. 849.08, F.S., Misdemeanor/Felony The State must prove any of the following elements to convict a suspect of what? 1. The offender knowingly and unlawfully: a) owns, maintains, or operates any place or conveyance for the purpose of prostitution b) offers or agrees to offer another person for the purpose of prostitution c) receives or offers to receive any person into any place or conveyance for the purpose of prostitution d) directs or offers to direct, take, or transport any person to any place with the intent to facilitate the prostitution e) offers to commit an act of prostitution f) solicits another person to commit prostitution g) resides in or remains in any place or conveyance for the purpose of prostitution h) aids or participates in any act of prostitution i) purchases the services of any prostitute Prostitution, s. 796.07, F.S., Misdemeanor means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity between spouses. Prostitution The State must prove the following elements to convict a suspect of carrying a concealed weapon without a license: 1. The defendant knowingly carried on or about his or her person the weapon alleged. 2. The weapon alleged was concealed from the ordinary sight of another person. Carrying Concealed Weapon (without a license), s. 790.01, F.S., Misdemeanor/Felony The State must prove the following elements to convict a suspect of what? 1. The offender injured or damaged property. 2. The property belonged to someone else. 3. The injury or damage was done willfully and maliciously. Criminal Mischief, s. 806.13, F.S., Misdemeanor/Felony* means intentionally, knowingly, and purposely. Willfully means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person. Maliciously The State must prove one of the following elements to convict a suspect of fraudulent use of what? 1. Use of a credit ca