Police Academy: Legal Exam |198 Questions and
Answers
Types of law - -Constitutional law, statutory law, criminal law, civil law, administrative law,
case law
-Statutory law - -Is written by Congress ,state legislatures, or local governing authorities in
response to a perceived need statutory law include civil criminal administrative and
regulatory laws
-Civil law - -type of law with legal action that a person takes to resolve a private dispute
with another person.
-Administrative law - -The body of law that allows for creation of public a regulatory
agencies such as Medicaid and Florida administrative codes for certification and training of
law-enforcement officers
-Criminal law - -Identifies unacceptable behaviors and Punishments for violations
-Constitutional law - -Preamble, Bill of Rights, and amendments. Identifies powers and
limitations of each branch (executive, legislative, and judicial)
-Case law - -Formed by decisions of the court system (judicial branch) Based on the courts
interpretation of constitutional provisions
-First Amendment Rights - -Freedom of speech, press, peaceful assembly, and religion
-Second amendment - -The right to bear arms and in Florida the stand your ground right
-Fifth amendment - -Protection against compelled self-incrimination and requires jury
indictment for capital offenses, prohibits double jeopardy, and prevents the deprivation of
life liberty and property without due process of law
-Sixth Amendment (US Constitution) - -The right to be informed of the nature of charges,
receive counsel, undergo a speedy and public trial, confront witnesses, and face and
impartial jury
-Eighth amendment - -Prohibits excessive bail, fines, and cruel and unusual punishment
-Due process clause - -Part of the 14th amendment which states that no state shall make
or enforce any law that abridges 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 jurisdiction to the equal protection of the
laws
,-Substantive due process - -the law itself is fair-not the procedures-but the laws
-Procedural due process - -The requirement that government follow certain procedures
before punishing a person
-Offense - -Criminal or non-criminal acts that are punishable under Florida law
-Felony - -Any crime committed where maximum penalty is death or incarceration in a
state correctional facility for more than one year
-Life felony - -Up to life in prison or fine of $15,000 or both
-Capital felony - -Death or life imprisonment without parole such as a 1st° murder. Sexual
battery on a child under 12 is also a capital felony but can only get a life prison sentence
not death
-1st° felony - -Max penalty 30 years or $10,000 however kidnapping is a 1st° felony
punishable by life imprisonment
-Second-degree felony - -Maximum 15 years prison and or $10,000 example aggravated
battery
-3rd° felony - -Maximum five years and or fine of $5000 for example aggravated assault
-Examples of reclassification enhancements
(possibly move a MM to a F) - -Violent offense against law-enforcement officers, wearing a
mask to conceal identity while committing felony or misdemeanor, hate crime, possessing
weapon while committing crime, unlawful taking of law-enforcement's fire arm during
crime, acts of terrorism
-Misdemeanor - -Criminal offense with a maximum incarceration penalty in county jail for
up to one year
-First-degree misdemeanor - -Maximum one year in county jail fine of up to $1000
example battery
-Second-degree misdemeanor - -Maximum 60 days in jail and or $500 fine example
property damage less than $200
-Non-criminal violation - -A.k.a. civil infraction (not criminal) for which the only penalty
may be a fine, forfeiture, or other civil penalty
-Consensual encounter - -Occurs when an officer comes into voluntary contact with the
person under circumstances in which reasonable person would feel free to disregard the
, police and go about his or her business. It involves no coercion, no detention, and therefore
is not a fourth amendment seizure.
-Florida versus Royer 1983 - -Circumstances surrounding the encounter that would make
it a consensual encounter:
Was the person physically stopped? Was the person restricted from leaving at any time
during the encounter? Was the person's freedom of movement restricted in anyway? Was
the officer doing more than asking questions?
-Mere suspicion - -Hunch or a gut feeling -does not grant any enforcement authority
-Terry v Ohio 1968 - -Must have reasonable suspicion that a person was committing, is
committing, or is about to commit a law violation to do an investigative stop.
-Reasonable suspicion - -Standard of justification for Terry stop. It means that the officer
can articulate facts to support a suspicion that a person stopped may be involved in a law
violation. The facts and circumstances support of the suspicion that a person committed a
crime, is committing a crime, or is about to commit
-Terry v. Ohio (1968) - -Law enforcement may frisk the exterior clothing of someone
lawfully detained if the officer has reasonable suspicion to believe that the person is armed.
Limited to outer clothing,containers, and property being carried by person. (Not a full
search)
-Two elements required for lawful patdown or frisk - -1. Person is lawfully detained 2.
Officer has reasonable suspicion that the person possesses a dangerous weapon
-Plain touch/feel doctrine - -Rule allows the officer to seizes the recognized contraband
during a pat down. Can not manipulate or grope object-only plain touch and feel
-Is an individual's presence in an area of expected crime activity standing alone enough to
support a reasonable suspicion that the person is committing a crime? - -No
-The two elements required for a lawful pat down or Frisk are - -1. The person is lawfully
detained 2. The officer has a reasonable suspicion to believe that the person possesses a
dangerous weapon and can articulate his or her reasons
-Is a frisk restricted to a persons body? - -No-even the passenger compartment of an
automobile may be frisked based on reasonable belief that an occupant of the vehicle is
armed and dangerous for example during a high risk traffic stop of a vehicle matching that
of an armed robbery suspect
-Pretext stop - -The officer stops a vehicle due to an equipment you violation but really
wants to investigate other more serious criminal activity. It is lawful according to Whren
versus United States, as long as the officer has an objective basis for the stop
Answers
Types of law - -Constitutional law, statutory law, criminal law, civil law, administrative law,
case law
-Statutory law - -Is written by Congress ,state legislatures, or local governing authorities in
response to a perceived need statutory law include civil criminal administrative and
regulatory laws
-Civil law - -type of law with legal action that a person takes to resolve a private dispute
with another person.
-Administrative law - -The body of law that allows for creation of public a regulatory
agencies such as Medicaid and Florida administrative codes for certification and training of
law-enforcement officers
-Criminal law - -Identifies unacceptable behaviors and Punishments for violations
-Constitutional law - -Preamble, Bill of Rights, and amendments. Identifies powers and
limitations of each branch (executive, legislative, and judicial)
-Case law - -Formed by decisions of the court system (judicial branch) Based on the courts
interpretation of constitutional provisions
-First Amendment Rights - -Freedom of speech, press, peaceful assembly, and religion
-Second amendment - -The right to bear arms and in Florida the stand your ground right
-Fifth amendment - -Protection against compelled self-incrimination and requires jury
indictment for capital offenses, prohibits double jeopardy, and prevents the deprivation of
life liberty and property without due process of law
-Sixth Amendment (US Constitution) - -The right to be informed of the nature of charges,
receive counsel, undergo a speedy and public trial, confront witnesses, and face and
impartial jury
-Eighth amendment - -Prohibits excessive bail, fines, and cruel and unusual punishment
-Due process clause - -Part of the 14th amendment which states that no state shall make
or enforce any law that abridges 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 jurisdiction to the equal protection of the
laws
,-Substantive due process - -the law itself is fair-not the procedures-but the laws
-Procedural due process - -The requirement that government follow certain procedures
before punishing a person
-Offense - -Criminal or non-criminal acts that are punishable under Florida law
-Felony - -Any crime committed where maximum penalty is death or incarceration in a
state correctional facility for more than one year
-Life felony - -Up to life in prison or fine of $15,000 or both
-Capital felony - -Death or life imprisonment without parole such as a 1st° murder. Sexual
battery on a child under 12 is also a capital felony but can only get a life prison sentence
not death
-1st° felony - -Max penalty 30 years or $10,000 however kidnapping is a 1st° felony
punishable by life imprisonment
-Second-degree felony - -Maximum 15 years prison and or $10,000 example aggravated
battery
-3rd° felony - -Maximum five years and or fine of $5000 for example aggravated assault
-Examples of reclassification enhancements
(possibly move a MM to a F) - -Violent offense against law-enforcement officers, wearing a
mask to conceal identity while committing felony or misdemeanor, hate crime, possessing
weapon while committing crime, unlawful taking of law-enforcement's fire arm during
crime, acts of terrorism
-Misdemeanor - -Criminal offense with a maximum incarceration penalty in county jail for
up to one year
-First-degree misdemeanor - -Maximum one year in county jail fine of up to $1000
example battery
-Second-degree misdemeanor - -Maximum 60 days in jail and or $500 fine example
property damage less than $200
-Non-criminal violation - -A.k.a. civil infraction (not criminal) for which the only penalty
may be a fine, forfeiture, or other civil penalty
-Consensual encounter - -Occurs when an officer comes into voluntary contact with the
person under circumstances in which reasonable person would feel free to disregard the
, police and go about his or her business. It involves no coercion, no detention, and therefore
is not a fourth amendment seizure.
-Florida versus Royer 1983 - -Circumstances surrounding the encounter that would make
it a consensual encounter:
Was the person physically stopped? Was the person restricted from leaving at any time
during the encounter? Was the person's freedom of movement restricted in anyway? Was
the officer doing more than asking questions?
-Mere suspicion - -Hunch or a gut feeling -does not grant any enforcement authority
-Terry v Ohio 1968 - -Must have reasonable suspicion that a person was committing, is
committing, or is about to commit a law violation to do an investigative stop.
-Reasonable suspicion - -Standard of justification for Terry stop. It means that the officer
can articulate facts to support a suspicion that a person stopped may be involved in a law
violation. The facts and circumstances support of the suspicion that a person committed a
crime, is committing a crime, or is about to commit
-Terry v. Ohio (1968) - -Law enforcement may frisk the exterior clothing of someone
lawfully detained if the officer has reasonable suspicion to believe that the person is armed.
Limited to outer clothing,containers, and property being carried by person. (Not a full
search)
-Two elements required for lawful patdown or frisk - -1. Person is lawfully detained 2.
Officer has reasonable suspicion that the person possesses a dangerous weapon
-Plain touch/feel doctrine - -Rule allows the officer to seizes the recognized contraband
during a pat down. Can not manipulate or grope object-only plain touch and feel
-Is an individual's presence in an area of expected crime activity standing alone enough to
support a reasonable suspicion that the person is committing a crime? - -No
-The two elements required for a lawful pat down or Frisk are - -1. The person is lawfully
detained 2. The officer has a reasonable suspicion to believe that the person possesses a
dangerous weapon and can articulate his or her reasons
-Is a frisk restricted to a persons body? - -No-even the passenger compartment of an
automobile may be frisked based on reasonable belief that an occupant of the vehicle is
armed and dangerous for example during a high risk traffic stop of a vehicle matching that
of an armed robbery suspect
-Pretext stop - -The officer stops a vehicle due to an equipment you violation but really
wants to investigate other more serious criminal activity. It is lawful according to Whren
versus United States, as long as the officer has an objective basis for the stop
