Arrest and Search Procedures Flashcards
6 cards from real FDLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Arrest and Search Procedures flashcards as text
Which Florida statute governs the general authority of law enforcement officers to arrest without a warrant?
Answer: F.S. §901.15
Florida Statute §901.15 sets out the circumstances under which a law enforcement officer may make a lawful warrantless arrest in Florida.
During a lawful traffic stop, an officer detects the odor of marijuana from inside the vehicle. Under Florida law, what does this provide?
Answer: Probable cause to search the entire vehicle
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.
A consent search is being conducted and the person suddenly says 'stop, I want you to stop searching.' What must the officer do?
Answer: Immediately cease the search upon withdrawal of consent
When consent is withdrawn, the search must stop immediately. Consent is voluntary and can be revoked at any time.
What is the primary constitutional basis for requiring a warrant before searching a person's home?
Answer: Fourth Amendment protection against unreasonable searches and seizures
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.
When executing a 'no-knock' search warrant in Florida, what must officers first establish?
Answer: Reasonable suspicion that knocking and announcing would be dangerous, futile, or would inhibit effective investigation
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.
An officer arrests a person and conducts a search incident to arrest. How far may the search extend?
Answer: The arrestee's person and the area within their immediate control
Search incident to arrest is limited to the person of the arrestee and the area within their immediate control — the 'wingspan' from which they could grab a weapon or destroy evidence (Chimel v. California).