FDLE Arrest and Search Procedures 3

Question 1

Which Florida statute governs the general authority of law enforcement officers to arrest without a warrant?

Accepted Answer

F.S. §901.15

Answer

Florida Statute §901.15 sets out the circumstances under which a law enforcement officer may make a lawful warrantless arrest in Florida.

Question 2

During a lawful traffic stop, an officer detects the odor of marijuana from inside the vehicle. Under Florida law, what does this provide?

Accepted Answer

Probable cause to search the entire vehicle

Answer

In Florida, the smell of marijuana emanating from a vehicle provides probable cause to search the entire vehicle under the automobile exception to the warrant requirement.

Question 3

A consent search is being conducted and the person suddenly says 'stop, I want you to stop searching.' What must the officer do?

Accepted Answer

Immediately cease the search upon withdrawal of consent

Answer

When consent is withdrawn, the search must stop immediately. Consent is voluntary and can be revoked at any time.

Question 4

What is the primary constitutional basis for requiring a warrant before searching a person's home?

Accepted Answer

Fourth Amendment protection against unreasonable searches and seizures

Answer

The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants supported by probable cause, particularly protecting the home as a place of heightened privacy.

Question 5

When executing a 'no-knock' search warrant in Florida, what must officers first establish?

Accepted Answer

Reasonable suspicion that knocking and announcing would be dangerous, futile, or would inhibit effective investigation

Answer

Before executing a no-knock warrant, officers must establish reasonable suspicion that the knock-and-announce requirement would be dangerous, futile, or would allow destruction of evidence.

FDLE - Florida Department of Law Enforcement Practice Test

FDLE - Florida Department of Law Enforcement Practice Test

FDLE Arrest and Search Procedures 3