FDLE - Florida Department of Law Enforcement Criminal Investigation Procedures Questions and Answers 1 — Questions and Answers
Question 1: An officer responds to a burglary call. The victim provides a detailed description of the suspect. A short time later, an officer detains an individual matching the description a few blocks from the scene. Which of the following identification procedures would be most appropriate and timely to conduct in the field?
- A photographic lineup at the station.
- A show-up identification. (Correct answer)
- A physical lineup with other individuals.
- An interrogation of the suspect to elicit a confession.
Correct answer: A show-up identification.
A show-up is an identification procedure where a single suspect is presented to an eyewitness shortly after the commission of a crime. This is appropriate when a suspect is located in close proximity to the crime scene and time is of the essence.
Question 2: According to the U.S. Supreme Court case *Florida v. Jardines*, when is using a drug-sniffing dog at the front door of a private residence considered a search under the Fourth Amendment?
- Only if the dog makes physical contact with the door.
- It is never considered a search.
- Always, as it constitutes a physical intrusion into the home's curtilage. (Correct answer)
- Only if the officers have already obtained a search warrant.
Correct answer: Always, as it constitutes a physical intrusion into the home's curtilage.
The Supreme Court held in *Florida v. Jardines* that using a trained police dog to investigate a home and its immediate surroundings (curtilage) is a 'search' within the meaning of the Fourth Amendment. This is because the front porch is part of the home itself for Fourth Amendment purposes.
Question 3: An investigator is preparing to interview a key witness who is hesitant to speak for fear of self-incrimination regarding a separate, lesser offense. The State Attorney agrees to compel the witness's testimony. Under Florida Statute §914.04, what type of immunity is granted to the witness?
- Absolute immunity from all future prosecutions.
- Transactional immunity for any offenses mentioned.
- Use and derivative use immunity. (Correct answer)
- Diplomatic immunity.
Correct answer: Use and derivative use immunity.
Florida Statute §914.04 provides that no testimony or evidence produced by a person under subpoena can be used against them in any criminal investigation or proceeding. This is known as use and derivative use immunity, which is coextensive with the Fifth Amendment privilege against self-incrimination. It does not provide broader transactional immunity.
Question 4: Which of the following is the MOST critical element for ensuring the admissibility of physical evidence in court?
- Photographing the evidence at the scene.
- Wearing gloves while handling the evidence.
- The testimony of the first officer on the scene.
- Maintaining a complete and unbroken chain of custody. (Correct answer)
Correct answer: Maintaining a complete and unbroken chain of custody.
The chain of custody is a chronological paper trail documenting the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence. A broken or incomplete chain of custody can lead to the evidence being deemed inadmissible in court because its integrity and authenticity cannot be verified.
Question 5: A detective in Florida is conducting a custodial interrogation of a suspect in a homicide case at the police station. What is the current statewide legal requirement in Florida regarding the electronic recording of this interrogation?
- The entire interrogation must be video recorded.
- The interrogation must be audio-recorded if the suspect consents.
- There is no statewide statute or court rule requiring the recording of custodial interrogations. (Correct answer)
- Only the suspect's confession must be recorded.
Correct answer: There is no statewide statute or court rule requiring the recording of custodial interrogations.
As of now, Florida has no statewide statute or court rule that mandates the electronic recording of custodial interrogations, even for serious felonies. While the Florida Innocence Commission has recommended such legislation, and many individual agencies have adopted policies to record interrogations, it is not a statewide legal requirement.
Question 6: During a criminal investigation, an officer creates a photographic lineup. To minimize the risk of a suggestive identification procedure, which of the following is considered a best practice?
- Including multiple photos of the primary suspect.
- Using an administrator who knows the suspect's identity to provide hints.
- Presenting the photographs to multiple witnesses at the same time.
- Using a 'blind' or independent administrator to conduct the lineup. (Correct answer)
Correct answer: Using a 'blind' or independent administrator to conduct the lineup.
Using an independent or 'blind' administrator—an officer who does not know the identity of the suspect—is a best practice to prevent unintentional cues or suggestions from being given to the eyewitness. This enhances the reliability and fairness of the identification procedure.
FDLE - Florida Department of Law Enforcement Criminal Investigation Procedures Questions and Answers 1
An officer responds to a burglary call.
The victim provides a detailed description of the suspect.
A short time later, an officer detains an individual matching the description a few blocks from the scene.
Which of the following identification procedures would be most appropriate and timely to conduct in the field?