And Statutes Flashcards

Under Florida Statute §901.15, a law enforcement officer may arrest a person without a warrant under which of the following circumstances?

Answer: The officer reasonably believes a felony has been committed, and reasonably believes the person to be arrested committed it.

Florida Statute §901.15(3) explicitly allows a warrantless arrest when an officer has probable cause to believe that a felony has been committed and has reasonable ground to believe that the person to be arrested has committed it. The other options are incorrect because warrantless arrests for misdemeanors must generally occur in the officer's presence or in fresh pursuit, and refusing to sign a traffic citation does not, by itself, provide grounds for a custodial arrest.

An officer responds to a home where a person claims they used non-deadly force against an intruder. According to Florida's 'Stand Your Ground' law (F.S. §776.012), when is a person justified in using non-deadly force against another?

Answer: When and to the extent that the person reasonably believes such conduct is necessary to defend against the other's imminent use of unlawful force.

Florida Statute §776.012(1) states that a person is justified in using non-deadly force when they reasonably believe it is necessary to defend themselves or another against the imminent use of unlawful force. The law does not require a duty to retreat before using such force. The belief must be reasonable, and the threat must be imminent.

A suspect is lawfully detained during a traffic stop. The suspect then knowingly and willfully shoves the officer and attempts to flee. Under Florida Statute §843.01, what is the most appropriate charge?

Answer: Resisting an Officer With Violence

Florida Statute §843.01 defines Resisting an Officer With Violence as knowingly and willfully resisting, obstructing, or opposing an officer in the lawful execution of any legal duty by offering or doing violence to the officer. Since the suspect physically shoved the officer, this constitutes 'doing violence,' making it a third-degree felony.

According to Chapter 790 of the Florida Statutes, which of the following is true regarding the carrying of firearms on school property?

Answer: It is generally a felony to possess a firearm on school property, with specific exceptions for law enforcement officers.

Florida Statute §790.115 generally makes it a third-degree felony to knowingly possess a firearm on the property of any school, school bus, or school-sponsored event. The statute provides an explicit exception for law enforcement officers. While there are complex nuances, the general rule is a prohibition.

Under the 'Florida Stop and Frisk Law' (F.S. §901.151), a law enforcement officer may conduct a pat-down for weapons only when:

Answer: The officer has probable cause to believe the detained person is armed with a dangerous weapon and poses a threat.

Florida Statute §901.151(5) specifies that after a lawful temporary detention, an officer may search the person only to the extent necessary to disclose a weapon if the officer has 'probable cause to believe that any person whom the officer has temporarily detained... is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person.' Reasonable suspicion is the standard for the initial stop, but probable cause regarding a weapon is required for the frisk.

Which of the following minimum qualifications is required for a person to be certified as a law enforcement officer in Florida, according to F.S. §943.13?

Answer: Not have been convicted of any felony or a misdemeanor involving perjury or a false statement.

Florida Statute §943.13(4) states that an applicant must not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, regardless of whether adjudication was withheld. Other requirements include being at least 19 years old, a U.S. citizen, and having a high school diploma or equivalent, but the conviction standard is a strict disqualifier.