legal refresher

8/9/2019 Legal Refresher

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Legal Refresher



The American legal system is basedprimarily on English common law.

Constitutional law defnes the orm ogovernment we as Americans haveestablished or ourselves; the Constitutiondefnes our representational government

and its three-branch structure (eecutive!legislative! and "udicial#

Legal System



The state o $lorida has its own stateconstitution that generally parallels the %.&.Constitution.

This means that the $lorida Constitutiona'ords $loridas citi)ens the same level orights or greater than they derive rom the

ederal Constitution.

Legal System



&tatutory law is written laws enacted byCongress! state legislatures! or localgoverning authorities in response to aperceived need to clariy the unction ogovernment.

&tatutory law includes civil! criminal!

administrative! and regulatory laws.

Legal System



&tatutes enacted by a municipal (city# orcounty government are *nown asordinances.

&ome ordinance violations are criminal!while others are civil inractions.

Civil law pertains to legal action a personta*es to resolve a private dispute withanother person.

Legal System



Criminal law defnes unacceptablebehaviors and the government prosecutionor those who violate these laws.

Case law is court-imposed decisions basedon the courts interpretation oconstitutional provisions! and they clariy

the meaning o a statute or rule as appliedto a specifc set o acts.

Legal System



The Constitution protects individuals romgovernmental abuse o power and defneslaw enorcements authority to act.

+ill o ,ights

%.&. &upreme Court and other appeals

courts resolve issues or conicts which ariseunder the Constitution.

Constitutional Law



Articles o the Constitution

&upremacy clause -- state law can be more

restrictive than ederal law! but it cannotundermine the ederal standard.

Amendments -- purpose is to ensure that

individual rights are not inringed upon bythe government.

Constitutional Law



$irst Amendment protects reedom ospeech! press! peaceul assembly! andreligion.

&econd Amendment guarantees the right tobear arms. Chapter /0 o the $lorida&tatutes sets orth the guidelines regarding

frearms in the state o $lorida.

Constitutional Law



$ourth Amendment prohibits unreasonablesearch and sei)ure and generally re1uires awarrant signed by an independentmagistrate.

2aw enorcement stops and arrests!including the use o orce on persons! are

considered sei)ures and must meet thereasonableness re1uirement.

Constitutional Law



$ith and &ith Amendments 3 right againstsel-incrimination and right to counsel

The +ill o ,ights was originally intended torestrict actions o the ederal governmentonly. The $ourteenth Amendment epandedthe application o the +ill o ,ights to state

and local governments as well.

Constitutional Law



Classication of

Oenses



4'ense broadly describes acts that arepunishable under $lorida law

Criminal o'enses are punishable byincarceration and classifed as either elonyor misdemeanor

5oncriminal o'enses! or civil inractions! arepunishable by monetary fnes or somethingother than incarceration.

Classication of Oenses



A elony is any crime committed or whichthe maimum penalty is death orincarceration in a state correctional acilityor more than one year.

A misdemeanor is any criminal o'ense witha maimum incarceration penalty in a

county "ail up to one year.




Capital elony 3 death or lie imprisonment

2ie elony 3 up to lie and6or 789!000

8st :egree elony 3 up to 0 years and6or 780!000

<nd :egree elony 3 up to 89 years and6or780!000

rd :egree elony 3 up to 9 years and6or 79!000




8st :egree =isdemeanor 3 up to 8 yearand6or 78!000

<nd

:egree =isdemeanor 3 up to >0 daysand6or 7900




Legal Justication



The law recogni)es our standards o legal "ustifcation! usually listed rom least tomost liberty restrictions?

◦ mere suspicion!

◦ reasonable suspicion!

◦ probable cause! and

◦ proo beyond a reasonable doubt.

Legal Justication



Consensual encounter occurs when ano@cer comes into voluntary contact with aciti)en under circumstances in which areasonable person would eel ree todisregard the police and go about his or herbusiness.

t involves no coercion! no detention! andthereore is not a $ourth Amendmentsei)ure

Legal Justication



Bas the individual physically stopped orrestrained by the o@cer

Bas the individual restricted rom leaving at any

time during the encounter

Bas the individuals reedom o movementrestricted in any way

Bas the o@cer doing more than as*ing1uestions

Legal Justication



=ere suspicion is sometimes described as ahunch or gut eeling based on lawenorcement training and *nowledge.

Drovides no legal authority to act.

Legal Justication



,easonable suspicion is the standard o "ustifcation needed to support a legal Terrystop or investigative detention.

An o@cer can articulate! or put into words!acts that support a suspicion that the personstopped was involved in a law violation. Theacts and circumstances must support thesuspicion that a person committed a crime! iscommitting a crime! or is about to commit acrime.

Legal Justication



,easonable suspicion! as well as probablecause re1uired or arrests! may beestablished through a number o sourcessuch as personal observation! inormationrom ellow o@cers! inormation rom thirdparties such as inormants! and +424s.

The duration o a Terry stop is limited to thetime reasonably necessary to accomplishthe purpose o the stop.

Legal Justication



:uring the stop! the o@cer may not re1uirethe person to move rom the location o thestop or its immediate vicinity.

An o@cer may lawully use orce during aninvestigative stop i he or she reasonablybelieves it protects his or her saety or thepublics saety. andcu's may be used i

reasonably necessary! but the o@cer must beable to articulate the reasons that orce orrestraints were necessary.

Legal Justication



Drobable cause is a air probability orreasonable grounds to believe that a crimewas committed! based on the totality ocircumstances.

Coners legal authority to arrest or search.

Legal Justication



The di'erence between reasonablesuspicion and probable cause is the1uantity and 1uality o inormation availableto the o@cer.

n deciding whether the reasonablesuspicion or probable cause standards have

been met! courts review all actors *nown tothe o@cer at the time o the incident. This is*nown as the totality of circumstancestest.

Legal Justication



The courts deem several sources asreasonable or o@cers to rely on?

◦ the ellow o@cer rule

◦ a citi)en inormant

◦ corroborated (verifed# anonymous tips

◦ reliable and credible confdential inormation

◦ lineups

◦ show-ups.

Legal Justication



The ellow o@cer rule involves relying on the collective*nowledge o other o@cers in ta*ing law enorcementaction.

normation rom a third party such as a citi)eninormant may also be used by an o@cer in developingreasonable suspicion or an investigative stop orprobable cause.

the source is an anonymous tipster! however! theinormation must have some indication o reliability andmust be corroborated beore the o@cer may rely upon itto ta*e law enorcement action.

Legal Justication



normation rom a confdential inormantmay be used to establish probable cause oran arrest or a search only i the inormationhas been substantiated as credible andreliable.

The photo array is a presentation to a victim

or witness o a series o photographs in anon-suggestive manner or the purpose oidentifcation o a suspect.

Legal Justication



A live lineup is the presentation o a numbero individuals! which may include a *nownsuspect! to a victim or witness in a non-suggestive manner or the purpose o

identifcation.

A show-up occurs when a law enorcemento@cer locates a suspect a short time ater the

commission o an o'ense and attempts to geta one-on-one identifcation in the feld by avictim or witness

Legal Justication



+eore a person may be ound guilty o acrime and sentenced! the prosecution mustpresent evidence su@cient to prove guilt oeach element o the crime beyond areasonable doubt.

Legal Justication



Search and Seizure



The purpose o the $ourth Amendment othe Constitution is to protect people romgovernmental intrusion in areas where theyhave a reasonable epectation o privacy.

t prohibits searches and sei)ures unlessthey are conducted with probable cause and

under reasonable circumstances.

Search and Seizure



A search occurs when the governmentintrudes into a place where a person has areasonable epectation o privacy

A sei)ure occurs when the governmenta'ects a persons right to have or controlhis or her property! usually by physically

ta*ing it.

Search and Seizure



The $ourth Amendment generally re1uireso@cers to obtain a search warrant beoreintruding into a place where the individualhas a reasonable epectation o privacy.

A search warrant is a court order thatauthori)es law enorcement to conduct a

search and sei)ure

Search and Seizure



&earch Barrant re1uirements?◦ authori)ed6signed by neutral "udge

◦ Drobable cause

◦ &pecifc description o place to be searched 3

location! person! etc.◦ &pecifc description o items to be sei)ed

Search and Seizure



Eclusionary ,ule

Food $aith :octrine

Search and Seizure



Abandoned Droperty◦ $reely and voluntarily relin1uished control over

items and no longer has epectation o privacy

4pen $ields◦ Curtilage

◦ Droimity o area to private unctions o home

Search and Seizure



Dlain Giew 3 re1uires probable cause◦ 4@cer is lawully present

◦ tem is in plain sight

◦ 4@cer has probable cause to believe the item is

contraband or evidence

Search and Seizure



=obile Conveyance 3 re1uires probablecause◦ Carroll :octrine

◦ :ue to mobility o evidence! lessened epectation

o privacy 3 no warrant re1uired.◦ possible 3 still get a warrant.

◦ &cope o search 3 entire vehicle and all containerswhere evidence could reasonably be ound

◦ %se o H/ is not a search

Search and Seizure



:estruction o Evidence 3 re1uires probablecause◦ Eigent circumstances

◦ o@cer has probable cause that

evidence6contraband is in imminent danger obeing destroyed! o@cer does not need to wait ora warrant.

◦ 4@cer can not create eigent circumstances.

Search and Seizure



$resh Dursuit 3 re1uires probable cause◦ Enter residence6private place while chasing a

suspect re1uires Drobable cause that suspect committed a serious

crime mmediate or continuous pursuit

Drobable cause that suspect is in the premise that isbeing entered.

Search and Seizure



Emergency &cene 3 re1uired probable cause◦ Barrantless entry to ensure their own saety or

saety o the public.

◦ =ust have probable cause to believe that

someone is in immediate danger.

5o crime scene eception. 4nce protective sweep conducted! bac* out!

and get warrant.

Search and Seizure



&top and $ris* 3 based on reasonablesuspicion◦ Terry v. 4hio

◦ <- steps

2egal stop due to reasonable suspicion 2ong enough to confrm6dispel reasonable suspicion

Dat down6ris*! i o@cer has additional reasonablesuspicion to believe the suspect is possesses adangerous weapon 3 not automatic. 4uter clothing! vehicle

◦ Dlain touch6eel

Search and Seizure



ncident to arrest 3 no probable causere1uired◦ 2awul arrest when person is ta*en into physical

custody (no 5TAs! criminal citations! etc.#

5eed to disarm suspect Dreserve evidence

◦ =ust be Isubstantially contemporaneousJ toarrest

◦

Area within immediate control (wingspan#◦ ncludes vehicles (Belton, Gant #

◦ &trip &earches

Search and Seizure



Consent 3 probable cause not re1uired

◦ Hnowing and voluntary by a person with authority to grantpermission

◦ +urden is on o@cer to prove the person reely gave consent

Goluntary means the consent is une1uivocal! specifc!and intelligently given and more than mereac1uiescence in the ace o a claim o lawul authority.

4@cers do not need to advise people that they have aright to reuse! but i they specifcally as*! o@ers musttell the truth.

Search and Seizure



%nder limited circumstances! consent to search may beimplied. Eamples are searches o airline passengers!searches o patrons attending sporting events! andsearches o visitors to government buildings.

Third party consent to search may be valid i the thirdparty has mutual access and control over the area tobe searched.

A search may not be done by consent o one cotenanti another co-tenant is present and ob"ects to thesearch.

Search and Seizure



%nless he or she is the owner! a vehicles passengermay not consent to the search o the drivers vehicle.

n cases involving "uveniles! the consent o a parent or

guardian will generally overrule ob"ection by the child.

Consent may be withdrawn at any time during thesearch and once withdrawn! o@cers must stopsearching immediately.

The scope o consent can be limited as well.

Search and Seizure



nventory 3 no probable cause re1uired◦ :esigned to protect the arrested persons

property and to protect the o@cer romaccusations o thet.

An inventory is a written list o all valuableproperty in a vehicle.

Search and Seizure



To be valid! inventory searches re1uire awritten department policy that spells outwhen and how the inventory search must bedone.

The search must occur at about the sametime as the impoundment o the vehicle!

and it must be done in compliance with thewritten department policy.

Search and Seizure



Administrative &earches 3 no probablecause re1uired◦ students!

◦ public schools!

◦ people in government◦ o@ces

◦ government property (such as des*s! loc*ers! andvehicles#

◦

persons engaged in certain businesses or licensedactivities

◦ persons on probation or parole.

Search and Seizure



The scope o constitutional searches islimited to the items being searched. 4ncethe items are ound! the search must stop.

The nature o the search should be basedon the item the o@cer epects to fnd.

Search and Seizure



Bhether conducting a search using awarrant or acting under a legally recogni)edeception! case law and statutes allowo@cers to search or these items?◦ dangerous weapons◦ ruits o the crime

◦ instruments o the crime

◦ contraband

◦ evidence relevant to proving the commission o aelony

◦ suspects

Search and Seizure

Fl id C b d F f i



Contraband articles include items which areillegal to possess! items used in thecommission o a elony! and itemspurchased with the profts o elonious

activity.

$oreiture is a civil proceeding wherein the

law enorcement agency as*s the court totranser ownership o the property rom thedeendant to the government

Florida Contraband ForfeitureAct



Laws of Arrest



Chapter /08- authority to arrest Arrest- depriving a person o his6her liberty

by legal authority Two types o arrest are with or without a

warrant

Arrest



Court order authori)ing law enorcement tota*e the individual into custody to answeror charges specifed in the warrant

Drobable cause is re1uired or the warrant /08.8/ allows o@cers to enter the residence

o the wanted elon to ma*e an arrest

,esidence o a third party re1uires a searchwarrant or search warrant eception

Arrest warrant



Derson has committed a elony ormisdemeanor or violated county ormunicipal ordinance in the presence o theo@cer

A elony has been committed outsideo@cers presence! but the o@cer has

Drobable Cause to believe the personcommitted it

arrantless Arrests



A warrant or arrest has been issued and isbeing held by another law enorcemento@cer or agency

The general rule is an o@cer may not ma*ean arrest or a misdemeanor! which doesnot occur in o@cers presence. $lorida

&tatutes has eceptions to this rule

arrantless Arrests

tl A t



Carrying a frearm in violation o an in"unction(/0.<#

+attery (KL.0#

,etail Thet (K8<.089#

Tra@c 4'enses- Crash nvestigation (8>.>L9 and

8K.8#

Concealed Beapon (/0.0<#

arrantless Arrests!isdemeanor "#ce$tions

tl A t



:isorderly Conduct on Dremises oEstablishment (90/.8L#

Thet :ining62odging Establishment (90/.8><(##

Trespass on &chool Frounds (K80.0/#

Doss. 4 Cannabis M<0g (K/.8(##

&tal*ing (KL.0LK#


tl A t



Transit $are Evasion (K8<.089(L##

Contributing :elin1uency6:ependency o=inor (K<.0L#

Criminal =ischie (K0>.8#

Trespass on Certain Droperty (K80.0K#


arrantless Arrests



Acts o :omestic Giolence (L8.<K#

Giolation o n"unction or Drotection (L8.8and KL.0L#


%robable Cause now



Terminate encounter

ssue 5otice to Appear

Dhysically ta*e into custody

%robable Cause& nowwhat'



Britten order that may be issued by a lawenorcement o@cer in lieu o physicalarrest re1uiring a person accused oviolating the law to appear in court at a

specifed date and time.

2imited circumstances or misdemeanor

o'enses! municipal or county ordinanceviolations! and criminal tra@c violations.

(otice to A$$ear )(*A+



The o@cer advises the deendant o thecharges and releases him or her at thescene provided that he or she signs thenotice and promises to appear in court.

(otice to A$$ear )(*A+

(*A may not be issued



The accused ails or reuses to su@cientlyidentiy himsel or supply the re1uiredinormation;

The accused reuses to sign the notice toappear;

The o@cer has reason to believe that the

continued liberty o the accused constitutes anunreasonable ris* o bodily in"ury to theaccused or others;

(*A may not be issuedwhen

(*A may not be issued



The accused has no ties with the "urisdictionreasonably su@cient to assure his or herappearance! or there is substantial ris* that theaccused will reuse to respond to the notice;

The o@cer has any suspicion that the accusedmay be wanted in any "urisdiction; or

The accused has previously ailed to respond to a

notice or a summons or has violated theconditions o any pretrial release program.

(*A may not be issuedwhen



A legal doctrine that permits a lawenorcement o@cer to ma*e an arrest o aeeing suspect who crosses "urisdictionallines

t is an eception to the general rule that a$lorida o@cers arrest powers are limited tothe "urisdiction o the agency that employsthe o@cer

Fresh %ursuit



There are a number o statutory and case lawconditions and procedures that must beollowed by o@cers pursuing a suspect intoanother "urisdiction.

:oes not necessarily mean high-speed pursuit

t may be very brie and undramatic

Hnow your Agencys policy! it could be morerestrictive than state law

Fresh %ursuit



4'ense must have occurred w6in pursuingo@cers "urisdiction

Criminal o'ense committed and i elony ormisdemeanor allows DC arrest

Continuous and uninterrupted

Dursuit ends in arrest in di'erent county must

notiy the o@cer in charge o "urisdiction

Nudge in county where arrested

Fresh %ursuit FSS ,-./01



Laws of 2nterrogationOOO



Associate :ean Nanine C)arnec /9L-<08->/> "c)arnecPbroward.edu

=ichael :e2eo /9L-/-<8K8

mdeleoPpsd.plantation.org

mailto:[email protected]

mailto:[email protected]



$ailure to inorm a person o their $ith and&ith Amendment Constitutional rightsduring a custodial interrogation may resultin the inadmissibility o an admission or

conession.

Laws of 2nterrogation



The o@cer must advise the person ocertain Constitutional rights. These rightsinclude the right to?

◦ The right to remain silent

◦ The right to have an attorney present whenbeing 1uestioned by law enorcement.

◦ the o@cer ails to ollow the rules any

statement or admission obtained rom theinterview cannot be used in court.

!iranda 3/ Arizona



Custody nterrogation %nderstanding $ree and voluntary waiving o rights

!iranda "lements



:eprived o reedom andcu@ng or restricting movement is

considered custody

Custody

Custody& !iranda



Court reviews? $acts and circumstances o interrogation

+ased on acts and circumstances would areasonable person have elt could notterminate the interrogation and leave

=ost common custody situations involvesub"ects who are physically placed underarrest

Custody !irandare4uired'

di l i



5ot police dominated

5ot under arrest

$eels ree to leave and terminate interview

Consider- purpose! place and manner o

interrogation! conrontation o evidence oguilt! inormed ree to leave during1uestioning

(on&custodial 2nter3iew

i



Questioning about criminal activity

4@cers action e1uate to interrogation

:irectly or indirectly intended to elicit anincriminating response

Goluntary spontaneous statements areadmissible

2nterrogation

5i i !i d



,e1uired ater Custodial nterrogationelements are met

Approved Agency6:epartment card one at atime

5i3ing !iranda

6 d di



Age 5ational origin Education Circumstances o the advising =ental condition %nder the inuence

6nderstanding

i f Ri ht



,e1uired prior to 1uestioning Britten is preerred! but not re1uired Can be verbal or implied $ree and voluntary 5o promises or coercion

ai3er of Rights

Ad i f Ri ht F



Agency and policy &ignatures are a positive Avoid liability or ailing to ollow policy

Ad3ice of Rights Form

2 ti f Ri ht



Clear and une1uivocal re1uest to invo*e Cease immediately &ignifcant lapse o time can re-initiate

interview ,e1uest or attorney no urther 1uestions

2n3ocation of Rights

% li 2 t i * ti



5o threats 5o promise o leniency 5o creating physical evidence or interview Considered gross deceptions by Court could

suppress any admissions or conessions Administrative discipline Civil liability

%olice 2nter3iew *actics



Criminal 2ntent

% i C i i l O



Elements o a crime are present Crime has been committed Derson charged committed the crime

%ro3ing a Criminal Oense

C i h b itt d



Criminal statute specifcally prohibitsconduct

Derson committed *nowingly or intentionally

=ost re1uire an o'ender to ta*e somephysical act; thoughts are generally not anelement

Criminal ailure to act; had a legal duty toact not moral duty

Crime has been committed

2 t t



Durposely doing what the law declares to bea crime

ntends the result o actions i consciously

desires a particular result or

Hnows the result is practically certain to

ollow rom conduct; regardless o desire

2ntent

Categories of 2ntent



Criminal 5egligence Feneral intent &pecifc ntent Transerred ntent

Categories of 2ntent

5eneral 2ntent



:efnes most criminal o'enses! whichre1uires a orbidden act

4'enders actions must be voluntary

ntent to ma*e bodily movement

5eneral 2ntent

S$ecic 2ntent



,e1uires more than reasonable epectationo the result

&pecifc mental element o intent◦ ate crimes

◦ +urglary

S$ecic 2ntent

*ransferred 2ntent



ntentional act harms an unintended secondvictim

+ut or the o'enders conduct the result

would not have occurred

Crime charged must bear some causal

relationship to the o'enders action

*ransferred 2ntent

Criminal (egligence



+reaches a duty to conorm to a particularstandard o conduct with others

Also called culpable negligence

Consciously doing an act or ollowing acourse o conduct that the person must

have *nown or reasonably should have*nown was li*ely to cause death or greatbodily harm

Criminal (egligence



"lements of Crimes

*heft 7.0 -.8



8. *nowingly and unlawully obtained or usedor endeavored to obtain or use the property oanother.

<. The o'ender did so with intent! eithertemporarily or permanently! to deprive victimo his or her right to the property or anybeneft rom it with the intent to deprive the

victim o its use! or appropriate the propertyo the victim to his or her own use or to theuse o any person not entitled to it.

*heft 7.0/-.8

Retail *heft 7.0 -.1).+



8. The o'ender *nowingly did the ollowing?◦ a. too* possession o or carried away merchandise◦ b. altered or removed a label or price tag rom

merchandise

◦ c. transerred merchandise rom one container to another◦

d. removed a shopping cart rom a merchants premises

<. The o'ender intended to deprive the merchanto the possession! use! beneft! or ull retail valueo the merchandise or shopping cart.

Retail *heft 7.0/-.1).+

*heft 9alues



Galued at less than 700! the o'endercommits a frst degree misdemeanor

Galued at 7800 or more but less than 700!

and is ta*en rom a dwelling or the curtilagethereo! it is a elony o the third degree

Galued at over 700! the o'ender commitsa elony

*heft 9alues

Felony *heft



will or other testamentary instrument frearm motor vehicle any commercially armed animal an a1uaculture species raised at a

permitted a1uaculture acility fre etinguisher

<!000 pieces o citrus ruit

Felony *heft

Felony *heft



property rom a posted construction site any stop sign property! unds! or assets rom a person >9

years o age or older anhydrous ammonia

Felony *heft

Robbery 7.0 .:



Thet plus

$orce! violence! assault! or putting in earo violence was used in the course o theta*ing.

Robbery 7.0/.:

Robbery by Sudden Snatching



y y g7.0/.:.

Thet plus

◦ 4nly enough orce to commit the crime

◦ Durse snatch

Car;ac<ing 7.0 .::



Car;ac<ing 7.0/.::

,obbery o a car

=ome 2n3asion Robbery 7.0 .:1



=ome 2n3asion Robbery 7.0/.:1

,obbery that ta*es place inside a residence.

>enitions



&tructure means any building o any *ind! eithertemporary or permanent! which has a roo over it!and the enclosed space o ground andoutbuildings immediately surrounding that

structure.

Conveyance means any motor vehicle! ship!vessel! railroad car! trailer! aircrat! or sleeping

car; to enter a conveyance includes ta*ing apartany portion o the conveyance.

>enitions

*res$ass Structure or



The o'ender willully entered or remained instructure or conveyance alleged! or having beenauthori)ed! licensed! or invited to enter or remainin structure or conveyance alleged! willullyreused to depart ater having been warned by

owner or lessee or person authori)ed by theowner or lessee alleged to depart.

The o'enders entering or remaining in theproperty was without the permission! epressedor implied! o the person alleged or any otherperson authori)ed to give that permission.

Con3eyance 7.-/-7

*res$ass Other than



The o'ender willully entered or remained inproperty alleged.

5otice not to enter upon or remain in thatproperty had been given by actual

communication to the o'ender or via posting!encing! or cultivation o the property.

The o'enders entering or remaining in theproperty was without permission! epressed orimplied! o person alleged or any other personauthori)ed to give that permission.

Structure?Con3eyance 7.-/-,

@urglary 7.- -0



Trespass plus

At the time o entering and6or remaining inthe structure or conveyance! the o'ender

had a ully-ormed! conscious intent tocommit the crime that is listed in thecharge.

@urglary 7.-/-0

@urglary



Can be charged in addition to theunderlying crime such as thet or assault.

+urglary involving assault! battery! a

weapon! an eplosive device! or enteringinto a dwelling! occupied structure! orconveyance carries a greater penalty

@urglary

%ossession of @urglary



*ools

Bhoever has in his or her possession anytool! machine! or implement with intent touse the same! or allow the same to be used!to commit any burglary or trespass shall be

guilty o a elony o the third degree.

Loitering %rowling



The o'ender loitered or prowled in a placeat a time or in a manner not usual or law-abiding individuals.

&uch loitering and prowling was undercircumstances that warranted "ustifableand reasonable alarm or immediate concernor the saety o persons or property in thevicinity.

=ust read =iranda warnings (case law#

71B/-0.

Assault 78/-..



The o'ender intentionally and unlawullythreatened! either by word or act! to doviolence to the victim.

At the time! the o'ender appeared to havethe ability to carry out the threat.

The act o the o'ender created in the mindo the victim a well-ounded ear that theviolence was about to ta*e place.

Assault 78/-..

Aggra3ated Assault



Assault plus

The assault was made with a deadlyweapon without the intent to *ill! or theassault was made with the intent tocommit a elony.

78/-0.

Assault L"O?Fireghter?!edical78 -)0+) +



Assault plus The victim was at the time a law enorcement

o@cer! frefghter! emergency medical care provider!public transit employee or agent! or other specifedo@cer.

The o'ender *new the victim was a law enorcemento@cer! frefghter! emergency medical care provider!public transit employee or agent! or other specifedo@cer.

At the time o the assault! the victim was engaged inthe lawul perormance o his duties.

78/-)0+)a+

Aggra3ated Assault onL"O?Fi ht 78 -)0+) +



L"O?Fireghter 78/-)0+)c+

@attery 78/-:



The o'ender actually and intentionallytouched or struc* the victim against thevictims will! or

The o'ender intentionally caused bodilyharm to the victim.

@attery 78/-:

Felony @attery 78/-8.



The o'ender actually and intentionallytouched or struc* the victim against thevictims will and

The o'ender caused the victim great bodilyharm! permanent disability! or permanentdisfgurement.

Felony @attery 78/-8.

Aggra3ated @attery78 -81



The o'ender intentionally touched orstruc* the victim against his or her will orcaused bodily harm to the victim.

The o'ender in committing the battery◦ a. intentionally or *nowingly caused great

bodily harm! permanent disability! orpermanent disfgurement to the victim or

◦ b. used a deadly weapon or◦ c. *new or should have *nown that the victim

was pregnant

78/-81

@attery on L"O?Fireghter?!edical78 -)0+)b+



+attery plus

The victim was a law enorcement o@ceror a frefghter (or other specifed person#

The o'ender *new the victim was a lawenorcement o@cer or a frefghter (orother specifed person#

The victim was engaged in the lawulperormance o his or her duties when thebattery was committed.

78/-)0+)b+



Agg @attery on L"O?Fireghter?!edical

78/-)0+)d+

>omestic 9iolence8. 07)0+



Any assault! aggravated assault! battery!aggravated battery! seual assault! seualbattery! stal*ing! aggravated stal*ing!*idnapping! alse imprisonment! or any

criminal o'ense resulting in physical in"uryor death o one amily or householdmember by another

5ot a crimeRRR

8./07)0+

Family?=ousehold !ember8. 07):+



&pouses! ormer spouses! persons related byblood or marriage! persons who are residingtogether as i a amily! or who have residedtogether in the past as i a amily! and personswho are parents o a child in common

regardless o whether they have been married.

Bith the eception o persons who have achild in common! the amily or household

members must be currently residing togetheror have in the past resided together in thesame single dwelling unit.

8./07):+

=omicide



"lements of !urder&First >egree!$.&.SK<.0L(8#(a#(8#! Capital $elony "lements of !urder&Second >egree! $.&.

SK<.0L(<#! $elony

"lements of Felony !urder&First>egree! $.&. SK<.0L(8#(a#(<#! Capital$elony

"lements of Felony !urder&Second>egree! $.&. SK<.0L(#! $elony

=omicide

=omicide



"lements of Felony !urder&*hird>egree! $.&. SK<.0L(L#! $elony "lements of !anslaughter! $.&. SK<.0!

$elony

"lements of 9ehicular =omicide! $.&.SK<.08! $elony

"lements of >62 !anslaughter! $.&.S8>.8/(#(c#(#! $elony

>isorderly Conduct 7/-:



=ust prove one o the ollowing?◦ The act was o a nature to corrupt the public

morals or◦ The act outraged the sense o public decency or◦ The act a'ected the peace and 1uiet o persons

who witnessed it or◦ The person charged engaged in brawling or

fghting or◦ The person charged engaged in any such

conduct as to constitute a breach o peace or

disorderly conduct.

y

>isorderly 2nto#ication 71B/-..



=ust prove one o the ollowing?◦ The o'ender was intoicated and endangered the

saety o another person or property; or

◦

The o'ender was intoicated or dran* anyalcoholic beverage in a public place or in or upona public conveyance and caused a publicdisturbance.

y

O$en =ouse %arty



An adult was in control o the residence. The adult *nowingly allows a social

gathering. The possession or consumption o alcoholic

beverages or controlled substances by oneor more minors occurs during the gathering.

$ y

Alcohol 6nder 0.1B0 ..



The deendant sold! gave! or served an alcoholic beverage to a person under the age o <8

1B0/..

%ossession Alcohol under 0.1B0 ...



The deendant is under <8. The deendant is in possession o or

consuming an alcoholic beverage.

1B0/...

%ossession of *obacco under .71B, ..



The deendant is under 8K. The deendant has in his or her possession

a tobacco product.

1B,/..

*obacco under .71B, .-.



The deendant sold! delivered! bartered!urnished! or gave to a person under 8K any tobacco product

1B,/.-.

>rug Oenses7,: .:).+)a+



The o'ender sold! purchased!manuactured! delivered! or possessed withintent to sell! purchase! manuacture! ordeliver a certain substance.

The substance was the specifc substancealleged.

The o'ender had *nowledge o thepresence o the substance.

7,:/.:).+)a+

"lements of >rug Abuse



&ale! Durchase! =anuacture! :elivery! orDossession within 8!000 eet o a &chool $.&. SK/.8(8#(c#! (d#! (e#! and (h#! $elony

g

"lements of >rug Abuse



&ale! Durchase! =anuacture! :elivery! orDossession within 8!000 eet o a &chool The o'ender possessed a certain

substance. The substance was the specifc substance

alleged. The o'ender had *nowledge o the

presence o the substance.

g

6se or %ossession of >rug%ara$hernalia 7,: .8).+



The o'ender used or had in his or herpossession with intent to use drugparaphernalia.

The o'ender had *nowledge o the

presence o the drug paraphernalia.

%ara$hernalia 7,:/.8).+D

Resisting OEcer without9iolence 78: -0



The o'ender resisted! obstructed! oropposed the victim (o@cer#. At the time! the victim (o@cer# was

engaged in the eecution o legal process or

the lawul eecution o a legal duty. At the time! the victim was an o@cer.

9iolence 78:/-0

Resisting OEcer with 9iolence78: -.



The o'ender *nowingly and willullyresisted! obstructed! or opposed the victim(o@cer# by o'ering to do him or herviolence or by doing violence to him or her.

At the time! the victim (o@cer# wasengaged in the eecution o legal process orlawul eecution o a legal duty.

At the time! the victim was an o@cer

78:/-.

Stal<ing 78/-87)0+D



g

the o'ender willully! maliciously! andrepeatedly ollowed! harassed! or cyber-stal*ed the victim to achieve a conviction.

>enitions



arass means to engage in a course o conductdirected at a specifc person that causessubstantial emotional distress in such personand serves no legitimate purpose.

Cyber-stal* means to engage in a course oconduct to communicate or cause to becommunicated! words! images! or language byor through the use o electronic mail orelectronic communication! directed at a specifcperson! causing substantial emotional distress tothat person! and serving no legitimate purpose.

>enitions



Course o conduct means a pattern o conductcomposed o a series o acts over a period o time!however short! evidencing a continuity o purpose.Constitutionally protected activity is not includedwithin the meaning o Icourse o conduct.J

Credible threat means a threat made with theintent to cause the person who is the target o thethreat to reasonably ear or his or her saety. The

threat must be against the lie o! or a threat tocause bodily in"ury to! a person.



KL.0LK(# 3 reasonable ear o death KL.0LK(L# 3 ater in"unction

KL.0LK(9# 3 victim under 8>

>enitions



Consent means intelligent! *nowing! andvoluntary consent and does not includecoerced submission.

&eual battery means oral! anal! or vaginalpenetration by! or union with! the seualorgan o another or the anal or vaginalpenetration o another by any other ob"ect

Se#ual @attery ,8/-..



The o'ender committed an act upon or with the victimin which the seual organ o the o'ender or victimpenetrated or had union with the anus! vagina! ormouth o the victim or the o'ender! or the o'ender

committed an act upon the victim in which the anus orvagina o the victim was penetrated by an ob"ect.

The act was committed without the consent o thevictim.

Se#ual @attery



Gictim 2ess Than 8< ears o Age! $.&.S/L.088(<#(a# or (b#

Gictim 4ver 8< /L.088 (#

/L.088(L# 3 death threat! retaliation!physically helpless! administer narcotic!mentally deective! or 2E46C4

"#$osure of Se#ual Organs



t is unlawul to epose or ehibit onesseual organs in public or on the privatepremises o another! or so near thereto asto be seen rom such private premises! in a

vulgar or indecent manner! or to be na*edin public ecept in any place provided or setapart or that purpose.

K00.0

Lewd or Lasci3ious



K00.0<- misdemeanor

K00.0L 3 elony 3 person under 8>participates or witnesses

Carrying Concealed ea$on,-/-.



The deendant *nowingly carried on orabout his or her person the weapon alleged. The weapon alleged was concealed rom

the ordinary sight o another person.

:efnitions o Iweapon!J Ielectric weapon!JIdevice!J or Ifrearm.J

,-/-.

Criminal !ischief 7-B/.:



The o'ender in"ured or damaged property. The property belonged to person alleged. The in"ury or damage was done willully and

maliciously.

=isdemeanor value o loss is less than78!000. $elony value is 78!000 or more.

Fraudulent 6se of CreditCard



K8.>8 3 anothers card! a*e card! etc. $elonies

Card

Criminal 6se of %ersonal2dentication 2nformation 7./1B7



dentity Thet

Dersonal identifcation inormation is listedin subsections (name or number used to

identiy an individual#

The elements o the crime are specifed in(<#(a#. 3 elonies

Forgery 7:./-.



The o'ender alsely made! altered! orgedor countereited a document (specifed instatute#.

The o'ender intended to in"ure or deraud

some person or frm. t is not necessary that the deendant

intended to use the document or to profthimsel rom its use. t is su@cient i heintended that some person would use it toin"ure or deraud.

6ttering a Forged 2nstrument7:./-0



The o'ender passed or o'ered to pass astrue a document (specifed in statute#. The o'ender *new the document to be

alse! altered! orged or countereited.

The o'ender intended to in"ure or deraudsome person or frm.

6ttering a orthless Chec<7:0/-1



The o'ender drew! made! uttered! issued ordelivered the chec* admitted in evidence.

Bhen the o'ender did so! there was not su@cientmoney on deposit in the ban* to pay the chec*.

The o'ender *new when he wrote the chec* that

he did not have su@cient money on deposit withthe ban*. The o'ender *new he had no arrangement or

understanding with the ban* or the payment o thechec* when it was presented.

9. The chec* was in the amount o UUUUUUUUUU. =isdemeanor is less than 7890. $elony is 7890 or

more.

"#ce$tions



Even i all these elements are proved! theo'ender is not guilty i any o the ollowingthree deenses is proved?

8. The payee or holder *new that theo'enders unds and credit at the ban* at

the time the chec* was given wereinsu@cient to pay the chec*; or

<. The payee or holder had good reason tobelieve that the o'enders unds and

credit at the ban* at the time the chec*was given were insu@cient to pay thechec*; or

. The chec* was post-dated.

"lder Abuse



K<9.808

Elderly personJ means a person >0 years oage or older who is su'ering rom the

infrmities o aging as maniested byadvanced age or organic brain damage! orother physical! mental! or emotionaldysunctioning! to the etent that the ability

o the person to provide ade1uately or thepersons own care or protection is impaired



K<9.80< Abuse! aggravated abuse! and neglect o an

elderly person or disabled adult

K<9.80 Eploitation o an elderly person or disabled

Child Abuse 70/-:



The deendant committed at least one o theollowing?

a. intentionally inicted physical or mental in"uryupon the victim

b. committed an intentional act that could

reasonably be epected to result in physical or mental in"ury to the victim c. actively encouraged another person to commit

an act in or could reasonably have been epected to result in physical or

mental in"ury to the victim <. The victim is under the age o 8K.

(otes



$or defnitions o Ichild!J Ineglect o child!Jand Ichild abandonment!J see $.&. SK<.0. Note: 2eaving a newborn inant at a

hospital! emergency medical services

station! or fre station without intent toreturn does not constitute a crime. &ee $.&.SK<.09.

False 2m$risonment 7/-0



The deendant orcibly or secretly or bythreat confned! abducted! or imprisonedthe victim against his or her will.

The deendant had no lawul authority.

Confnement o a child under the age o 8is against the childs will i suchconfnement is without the consent o theparent or legal guardian.

idna$$ing 7/-.



$alse mprisonment plus

◦ The deendant acted with intent to◦ a. hold or ransom or reward or as a shield or hostage! or

◦ b. commit or acilitate commission o (applicable elony#!or

◦ c. inict bodily harm upon or to terrori)e the victim oranother person! or

◦ d. interere with the perormance o any governmental orpolitical unction

*he connementD abductionD orim$risonment



a. must not be slight! inconse1uential! or merelyincidental to the elony!

b. must not be o the *ind inherent in the natureo the elony! and

c. must have some signifcance independent othe elony in that it ma*es the elonysubstantially easier o commission orsubstantially lessens the ris* o detection

Confnement o a child under the age o 8 isagainst the childs will i such confnement iswithout the consent o the parent or legal

guardian.

Luring or "nticing a Child7/-01)misdemeanor+



A person 8K years o age or older 8. intentionally lures or entices! or <. attempts to lure or entice! . a child under the age o 8<

L. into a structure! dwelling! or conveyanceor other than a lawul purpose

Luring or "nticing a Child7/-01 )felony+



A person 8K years o age or older who!having been previously convicted o amisdemeanor violation o luring andenticing!

8. intentionally lures or entices! or <. attempts to lure or entice! . a child under the age o 8< L. into a structure! dwelling! or conveyance

or other than a lawul purpose

Luring or "nticing a Child7/-01 )felony+



A person 8K years o age or older who!having been previously convicted o aviolation o $.&. Chapter /L or SK00.0L or aviolation o similar law o another

"urisdiction! 8. intentionally lures or entices! or <. attempts to lure or entice! . a child under the age o 8< L. into a structure! dwelling! or conveyance

or other than a lawul purpose

=uman *raEc<ing7/-B):+)a+



The deendant engaged or attempted to engagein human tra@c*ing with the intent or *nowledgethat the tra@c*ed person would be sub"ected toorced labor or services! or

The deendant benefted fnancially by receivinganything o value rom participation in a venturethat sub"ected a person to orced labor orservices.

uman tra@c*ing means transporting! soliciting!

recruiting! harboring! providing! or obtaininganother person or transport. &ee $.&. SK.0>(<#(c#.



Le3els of

Criminal 2n3ol3ement

2dentify



Gictim

Bitness

&uspect

4@cers ma*e initial determinations by1uestioning persons! observing physicalevidence at the scene! and reviewingdocumentation related to the incident.

itness



is any person who has inormation about someelement o the crime or about evidence ordocuments related to the crime

A witness may have heard statements or

observed events beore! during! or ater the crime.

A witness may have inormation about a piece ophysical evidence associated with the crime or

*nowledge o some document related to thecrime.

9ictim



is a witness who su'ers an in"ury as a resulto a crime

The in"ury may involve physical harm! losso money! loss o property! or damage toproperty.

The victim o a crime such as an aggravatedbattery has a physical in"ury.

6nidentiable 9ictims



5ot all crimes have an identifable victim.

$or eample! the crime o unlawulpossession o a controlled substance has no

specifc victim.

n victimless crimes! the victim is the &tateo $lorida.

9ictimGs Rights



$lorida &tatute S/>0.008 provides that avictim has the right Ito be inormed!present! and to be heard! when relevant! atall crucial stages o a criminal or "uvenile

proceedingVJ

n some cases! the victim also has the rightto be notifed i the suspect is released rom

"ail.

Sus$ect



is the person believed to have committed acrime

An o@cer may identiy a suspectedperpetrator directly by observing thatperson commit the crime! indirectly throughstatements or observations that witnessesprovide! through the suspects ownstatements! or by learning o the persons

identity based on evidence collected whileinvestigating the crime.

Sus$ect



A person may directly commit a criminalviolation by contributing to a crime in someother! more limited capacity.

The way in which a person participated inthe crime determines a persons criminalresponsibility.

Drincipal $.&. .088



Principal in the rst degree. the deendant helped another person or

persons commit or attempt to commit a crime!the deendant is a principal and must be treatedas i he or she had done all the things the other

person or persons did i the deendant had aconscious intent that the criminal act be done;and the deendant did some act or said someword which was intended to and which didincite! cause! encourage! assist! or advise the

other person or persons to actually commit orattempt to commit the crime

Accessory Ater the $act$.&.&. .0



Accessory after the fact A person maintains or assists a elony

o'ender ater the crime is committed

Bhile giving assistance! the person *nowsthat the o'ender committed the elony

The person assists with the intent o helpingthe o'ender avoid or escape detection!arrest! trial! or punishment.

Accessory "#ce$tion



the o'ender is related to the person byblood or marriage as husband! wie! parent!grandparent! child! grandchild! brother! orsister! the o'ender cannot be charged with

accessory ater the act.

owever! this eception does not apply tocertain crimes! or eample! those involving

the victimi)ation o children.

Attempt $.&.&. .0L(8#



Attempt is an o'ense when either theperson did some act toward committing thecrime that went beyond "ust thin*ing ortal*ing about it;

or the person would have committed thecrime ecept that someone or somethingprevented him or her rom doing so! or the

person ailed



Attem$t



Goluntary abandonment is not a deense toa crime when the suspect decides not topursue the crime because o unoreseendi@culties in completing the crime or when

detection o the criminal activity isimminent.

Fenerally! attempt is punishable at the level

o o'ense "ust below the degree o crimethat the o'ender attempted to commit.

Solicitation $.&.&! .0L(<#



&olicitation?

The o'ender solicited a person to commit acertain o'ense and

:uring solicitation! the o'endercommanded! encouraged! hired! orre1uested the other person to engage in

specifc conduct which would constitute thecommission o the o'ense or attempt tocommit the o'ense.

Solicitation



Dunishment or solicitation is the level oo'ense "ust below the degree o crime thatthe o'ender committed

Cons$iracy$.&.&. .0L(#



The intent o the o'ender was that theo'ense (ob"ect o conspiracy# would becommitted.

n order to carry out the intent! the o'enderagreed! conspired! combined! orconederated with the person(s# alleged tocause (ob"ect o conspiracy# to be

committed either by them! or one o them!or by some other person.

Cons$iracy



t is not necessary that agreement!conspiracy! combination! or conederationto commit (ob"ect o conspiracy# beepressed in any particular words or that

words pass between the conspirators.

t is not necessary that the deendant doany act in urtherance o the o'ense

conspired.

Cons$iracy



Conspiracy re1uires two or more parties witha criminal intent; thereore! i one o the twoconspiring parties is a law enorcement o@ceror agent! then a conspiracy does not eist.

t is a deense to the charge o criminalconspiracy that a person! ater conspiringwith one or more persons to commit a crime!convinced another not to do so or in some

other way prevented commission o thecrime.



OEcerGs Res$onsibility



Throughout an investigation! an o@cershould anticipate these deenses and beprepared to rebut them with evidence tothe contrary.

owever! an o@cer has a responsibility toinvestigate and notiy the state attorney oany evidence that may point to thesuspects innocence.

This type o evidence is *nown aseculpatory evidence.

!ost Common >efenses



alibi mista*e or

ignorance o act intoication

duress orcoercion "ustifable use o

orce sel-deense

deense oproperty

entrapment insanity

mentalincompetence

statute olimitations

consent

d d l i h h

Alibi



A suspect or deendants claim that he orshe was not present when the alleged actwas committed. 4@cers need to ollow upon any claim o an alibi in the investigation

o a crime.

d h th d d t th t l

!ista<e or ignorance offact



s used when the accused does not possess the mental

state re1uired to commit a criminal o'ense because o areasonably mista*en belie about the acts relating tothe circumstances.

t is not to be conused with diminished mental capacity

or insanity.

A deendant who does not have the intent necessary tocommit the crime cannot be convicted

gnorance o the law is when a person believes that hisor her conduct does not violate the law and is generallynot recogni)ed as a deense to criminal liability.

D i t ll d b t

Controlled Substances"#ce$tion



Dossession o a controlled substancepresumes *nowledge o the illicit nature othe substance! and the person in possessionis thereore presumed guilty.

l l d i li it d i t h

2nto#ication



s a legal deense in limited circumstances when

it negates an essential element o the crime! suchas the ability to orm criminal intent in thecommission o certain o'enses

The deendant may argue the same deense as

insanity.

ntoication is not a deense or o'enses such as:% and disorderly intoication (in which beingintoicated is an element o the crime# or when

an individual argues that he or she would nothave committed the crime i sober.

G l t il i t i t d i i ti

*y$es of 2nto#ication



Goluntarily intoicated is aware o ingestingthe intoicant! either alcohol or a controlledsubstance.

nvoluntary intoication occurs when anindividual is unaware o ingesting theintoicant! is tric*ed into ingesting it! or isollowing doctors orders.

, i th t th itti th t t

>uress?Coercion



,e1uires that the person committing the act must

reasonably believe that the only way to avoiddeath or great bodily harm to sel or a third partyis to commit the crime.

The person under duress is aced with the choice

between the lesser o two evils and chooses tocommit the lesser criminal act to avoid thethreatened greater criminal act.

:uress is never a deense to an intentional

homicide or the *illing o an innocent third party.

l l t th t d ib th

Self&>efense



s a common legal term that describes the "ustifable use o orce that is necessary toprotect onesel.

This same legal term also describes the "ustifable use o orce necessary or thedeense o others.

s a common legal term describing a persons

>efense of %ro$erty



s a common legal term describing a personsauthority to ta*e reasonable steps! including theuse o orce (ecept deadly orce# to the etentthat a person reasonably believes is necessaryto protect his or her possessions rom trespass

or thet or to terminate these acts

&tate law authori)es individuals to commit actsthat usually would lead to criminal liability! but

only when their use o orce is "ustifed.>.08<6>.08

A law enorcement o@cer uses undue

"ntra$ment



A law enorcement o@cer uses unduepersuasion or raudulent means to induce aperson to commit a crime he or she wouldnot have otherwise committed.

n order to use the deense o entrapment!the deendant must admit that he or shecommitted the crime.

:efned legally as any mental disorder so

2nsanity



:efned legally as any mental disorder sosevere that it prevents a person romhaving legal capacity and ecuses theperson rom criminal or civil responsibility.

The accused alleges that he or shesu'ered rom a mental disorder at thetime the crime was committed and that

the disorder caused the commission o thecrime.

A person is not criminally responsible i at

!G(aughten Rule



A person is not criminally responsible i! atthe time o the alleged crime! the deendant!by reason o a mental disease or deect!◦ (8# does not *now o the nature or conse1uences

o his or her act; or◦

(<# is unable to distinguish right rom wrong.Wheeler v. State! LL &o.<d <LL ($la. 8/#

the deense cannot show insanity at the

time the crime occurred! it cannot use theinsanity deense.

A criminal deendant will be "udged on his or

!ental 2ncom$etence



A criminal deendant will be "udged on his or

her present ability to assist counsel byparticipating in the criminal deense.

A person deemed mentally incompetent at thetime o trial cannot legally stand trial or testiy.

t is possible or a person to regaincompetence! at which time the person wouldbe re1uired to stand trial or the crimescharged.

A legal principle that bars the state rom

Statute of Limitations



A legal principle that bars the state romprosecuting an individual ater a certainperiod o time has elapsed since thecriminal act occurred.

&ection 9.89! $.&. contains the generalstatute o limitations or criminal o'enses.

$lorida law provides several eceptions to




$lorida law provides several eceptions tothe statute o limitations.

Drosecution may begin at any time ater the

commission o a capital o'ense! a lieelony! or a elony that resulted in death.

Drosecution must begin?




Drosecution must begin? Bithin our years ater the commission o a elony o

the frst degree

Bithin three years ater the commission o anyother elony.

Bithin two years ater the commission o amisdemeanor o the frst degree

Bithin one year ater the commission o amisdemeanor o the second degree or a noncriminalo'ense.

A possible ecuse against civil or criminal

Consent



A possible ecuse against civil or criminalliability. :eendants who use this deenseargue they should not be held liablebecause the acts in 1uestion werecommitted with the victims consent andpermission

Fenerally! i there is consent! there is no

crime.

A minor cannot consent to a se act

Consent "#ce$tions



A minor cannot consent to a se act.

Gictims who! because o age! mentalillness! or intoication! are not legally

capable o reasonable "udgment may notgive consent.



"3idence Rules andConce$ts

OOOOO

"3idence

Chapter /0



Chapter /0 Anything that tends to prove or disprove the

eistence o a act. There is a legal distinction between

evidence and proo. Evidence is inormation that is allowed in

court! while proo is the e'ect produced bythat inormation.

*wo %rimary *y$es of"3idence

:irect Evidence- proves a act without an



:irect Evidence- proves a act without aninerence or presumption and which! i truein itsel! conclusively establishes that act.

E. admission by the driver that he wasspeeding! speed measurement deviceresults! and testimony rom eyewitnesses tothe speeding

*wo %rimary *y$es of"3idence

Circumstantial or ndirect Evidence-



Circumstantial or ndirect Evidence-re1uires an inerence or presumption toestablish a act.

E. eyewitness testimony that thedeendant entered the victims homearound the time o the crime. t re1uiresthe "udge or "ury to iner rom theevidence that the deendant committed

the crime.

*he *hree %rimary Categories of"3idence in Court

Testimonial Evidence



Testimonial Evidence

:ocumentary Evidence

Dhysical6,eal Evidence◦ Dhysical ob"ects introduced as evidence can

either be ruits o a crime! instrumentalities o acrime! or contraband.

"3idence is Oered

Evidence is o'ered to prove or disprove a



Evidence is o'ered to prove or disprove acrime.

=ost o the evidence sei)ed by a lawenorcement o@cer is used to prove that

the deendant committed the crime.

The deendant may o'er evidence! such asan alibi witness! in an attempt to disprove

his or her responsibility or the crime.

"3idence is Oered

To support or undermine other evidence



To support or undermine other evidence.◦ $or eample! a chemist may be called as an

epert witness in a drug case to support the actthat the substance in 1uestion was actually anillegal drug.

To help determine an appropriate sentence.◦ $lorida law allows or enhanced sentencing o

certain deendants based upon their criminal

history.

Admissibility of "3idence

The legal re1uirements that must be in



The legal re1uirements that must be inplace beore a "ury is allowed to see orhear about the evidence

The rules o evidence are in place or atleast three primary reasons?◦ to protect the deendants constitutional rights!

◦ to protect "urors rom being misled or conused!

and◦ to epedite the trial.

"#clusion of "3idence

There are several reasons or ecluding evidence.



e e a e se e a easo s o e c ud g e de ce

The eclusionary rule is actually a rule oevidence that prohibits use o evidence obtainedby law enorcement in violation o the rules.

To avoid undue pre"udice to the deendant! suchas his or her prior criminal history.

To prohibit "ury consideration o unreliableevidence- only eperts to give opinions! ecluding

hearsay evidence! and re1uiring o@cers to ollowcertain rules with respect to the collection andpreservation o evidence.

=earsay

A statement other than one made by the



A statement other than one made by thedeclarant while testiying at the trial orhearing! o'ered in evidence to prove thetruth o the matter asserted.

Ecluded i its reliability cannot be tested bycross-eamination.

There are more than <0 eceptions to thehearsay rule.

=earsay "#ce$tions )"#/+

&pontaneous statements! $.&. S/0.K0(8#;



&pontaneous statements! $.&. S/0.K0(8#;

Ecited utterances! $.&. S/0.K0(<#;

&tatements against interest! $.&. S/0.K0L(<#(c#.

The court determines the admissibility o

each o these types o statements.

Four Re4uirements forAdmissibility Evidence must be?



Evidence must be?◦ ,elevant to the case

◦ 4btained legally and

◦ Dreserved properly

◦ The chain o custody must also be preserved.

%rotected Communications

lawyer3client



y "ournalist3source husband3wie psychotherapist3patient accountant3client

clergy3penitent seual assault counselor3victim domestic violence advocate3victim Note: Each o these privileges may be waived by

voluntary disclosure in accordance with $.&.S/0.90.

6se of Force

Bhen a law enorcement o@cer decides to



detain! arrest! or use any level o orceagainst an individual! the o@cers actionswill be scrutini)ed through thereasonableness test o the $ourthAmendment.

6se of Force

Graham v. Conner ! L/0 %.&. K> (8/K/#



! ( #

The Court concluded that the ob"ectivereasonableness test is not a precise or clear

rule but re1uires careul review o the actsand circumstances o each case! includingthe severity o the crime! whether thesuspect posed an immediate threat

6se of Force

Bas the action reasonable and necessary



y

Bas the amount o orce applied reasonableand necessary

6se of Force

$leeing $elon



g

◦ when deadly orce is necessary to prevent the suspectrom escaping;

◦ when a warning has been given when easible;

◦ and when the o@cer reasonably believes that theeeing elon poses a threat o death or serious

physical harm to the o@cer or others or that theeeing elon has committed a crime involving theiniction or threatened iniction o serious physicalharm to another person.

6se of Force

Escape



p◦ The statute authori)es law enorcement o@cers to

use reasonable and necessary orce in order toprevent the escape o an arrested person.

6se of Force

:eense o a Derson



◦ i the individual has reason to believe that deadlyorce is necessary to prevent imminent death orgreat bodily harm to him- or hersel or another

person or

◦ to prevent the commission o a orcible elony

6se of Force

5o retreat law establishes that an individual



has Ino duty to retreatJ when aced withimminent harm! Ihas the right to stand hisor her ground!J and may Imeet orce withorce! including deadly orce when hereasonably believes it is necessary to do soto prevent death or great bodily harm.J

Applies to non-law enorcement

6se of Force

$lorida law authori)es the use o orce to



protect ones property and the property oan immediate amily member or otherperson whose property the person has aduty to protect.



Ci3il and CriminalLiability

Liability

Nob loss



Drison sentence Dayment o monetary awards

Liability

&earch



Arrest Question $orce

4mit to act (medical6arrest# Criminal or Civil

Ci3il Liability

Brongul act or omission that in"ures a



person or property and most oten involvesnegligence.

=onetary damages

Crimes 3/ *orts

Assault



+attery Thet $alse mprisonment Hidnapping

Aggravated Assault =anslaughter omicide

Assault +attery $alse arrest =alicious Drosecution Conversion Brongul :eath Ecessive $orce

2ntentional *orts

Assault



+attery $alse Arrest =alicious Drosecution

Conversion (i intentional# Brongul :eath (i intentional#

(egligence

$ailure to use reasonable care in a situation



that results in harm to another CD, incorrectly

(egligence *orts

Gehicle crashes



$alse arrest Droperty damage $ailure to provide ade1uate medical care

Brongul damage Conversion Brongul death

Sim$le (egligence

$ailure to use such care as a reasonably



prudent person would under the same orsimilar circumstances

=inor mista*e

5ross (egligence

$ailure to perorm a maniest duty in



rec*less disregard o conse1uence thata'ect anothers lie or property

"lements of (egligence

:uty to act



+reach o duty to act with care Causation (proimate cause# :amages incurred

>uty to Act

A legal! moral or ethical obligation to act in



a reasonable manner.

◦ Feneral duty- mposed on agencies to enorce thelaws evenly and to the best o their ability.

◦ &pecifc6&pecial duty- Agency ma*es a specifcpromise or guarantee. (Tra@c direction#

@reach of >uty

The :eendant?



$ailed to act or acted incompetently; or The duty to act was ignored or carried out

incompetently

Evidence shows :eendant violatedaccepted practices! violated a law orviolated a :epartment Dolicy or Drocedure.

%ro#imate Cause

The legal cause o an event and the lin*



between the breach o duty and the harmcaused.

Bas it oreseeable that the deendants actor ailure to act caused the harmul event.



>amages

Also reers to money that a Court orders the



:eendant to pay to compensate theDlainti'.

Compensatory :amages

Dunitive :amages

Com$ensatory >amages

5ominal damages- damages in name only! the



plainti' won but cannot measure fnancialdamages.

Feneral damages- presumed to result rom

:eendants action (pain6su'ering! discomort!humiliation! right and emotional trauma#

&pecial damages- actually caused by the in"ury (lostearnings! medical epenses! destruction o personalproperty and attorney ees#

%uniti3e >amages

Awarded in addition to actual damages



when the :eendant acted withrec*lessness! malice or deceit.

t is meant to stop the :eendant romuture similar violations.

Federal Ci3il Rights

+egan in the 8K0s

i il i h i l i i l d



Civil ,ights Giolation includes?◦ ,ight to Gote;

◦ ,ight to :ue Drocess; and

◦ ,ight to E1ual Drotection %nder the 2aw.



State 3/ Federal

Giolate local6state law- &A4



Giolate ederal law- %&A4

5o double "eopardy i you violate criminalcivil rights and are ac1uitted in &tate Courton &tate charges! you can be indicted on$ederal civil rights violations.

&tate crime and $ederal Civil ,ightsviolation are not the same charge.

*itle .7 >e$ri3ation ofRights 6nder the Color ofLaw Criminal i acting under Color o 2aw causes

th i " d th b th



another person in"ury or death because theother person?◦ s an alien; or

◦ s o di'erent national origin! race! color! religion!

se! age or amilial status; or◦ as a disability.

*itle 80 Ci3il Action for>e$ri3ation of Rights acting under Color o 2aw causes another person

i " d th b th th



in"ury or death because the other person?◦ s an alien; or

◦ s o di'erent national origin! race! color! religion! se!age or amilial status; or

◦ as a disability.

Attorneys ees ntentional not negligence

>isci$line

Agency◦ C li , t i i B itt i d



◦ Counseling! ,etraining! Britten reprimands!suspension! termination or non-certifcation.

&tate◦ Britten reprimand! Drobation with or without

retraining! suspension or revocation.

Liability to OEcer

,estrain your liberty; $i i l lti



$inancial penalties; Criminal conviction can result in loss o

employment or certifcation as an o@cer

Employer cannot pay punitive damages per&tate law

Agency Liability

Employing agency and certain government

@ i l



o@cials Bithin course and scope o employment :irect 2iability

Gicarious 2iability

Agency Liability

:irect 2iability

ail to carr out



ail to carry outagencys orders orpolicies

5egligent hiring

5egligent assignment 5egligent retention $ailure to train

Gicarious liability o@cers aulty action

passes upward the chaino command it is shown that neither

the agency nor thesupervisor is responsible

or an employeesimproper act then noliability to the agency.

Acts that Lead to Ci3ilLiability %nlawul arrest; % l l h d i



%nlawul search and sei)ure; Ecessive use o orce; mproper use o weapons;

5egligent vehicle operations; mproper frst aid; or Acts o omission.

OEcer %rotections

&overeign mmunity Chapter 888 $&&



Chapter 888 $&& Qualifed mmunity

So3ereign 2mmunity

$&& >K.<K

Dlainti' must send notice o intent to sue within a



Dlainti' must send notice o intent to sue within acertain number o days ater the alleged incident

Dlainti' must wait a specifed beore suing &42 is L years

2imits to 7800!000.00 per person67<00!00.00 perincident

So3ereign 2mmunity

%nlawul participation (riot#

ndividual o@cer6employee cannot be named



ndividual o@cer6employee cannot be namedwithout willul6wanton disregard

5ot liable or person eeing i?

◦ 4@cer conduct is not rec*less

◦

4@cer believes committed orcible elony◦ Conducted per written policy

&tate tort actions only

Cha$ter ... FSS

The employing agency o a ull time law

enorcement o@cer may choose to pay



enorcement o@cer may choose to paylegal costs! including attorneys ees! courtcosts! damages or fnal "udgment o anyo@cer charged with civil or criminal action

that occurred during the perormance oo@cial duties.

Cha$ter ... FSS

Acting within the scope of employment

reers to the range o reasonable and



reers to the range o reasonable andoreseeable activities that an employeedoes while carrying out the employersbusiness

4@cers should avoid willully or wantonlyinringing on others rights.

Cha$ter ... FSS

An employing agency may opt not to deend an

employee in a civil case even i the action arose i hi h l i



employee in a civil case! even i the action aroserom within the scope o employment. owever! ithe employee prevails! the agency must reimbursecourt costs and reasonable attorney ees. Theemploying agency may pay any fnal "udgment!

including damages! costs! and attorneys ees!arising rom a complaint or damages or in"ury thatresulted rom any act or omission o the employeein a civil or civil rights lawsuit.

Cha$ter ... FSS

the action is or an alleged civil rights

violation under L< % & C S8/K or a similar



violation under L< %.&.C. S8/K or a similarederal statute! payments or the ullamount o the "udgment may be made bythe employing agency unless the fnal

"udgment states that the o@cerintentionally caused harm. This section alsoallows the employing agency to pay anypre-trial settlement o any claim orlitigation.

Hualied 2mmunity

An o@cer acts within clearly established

recogni)ed law and may have legal



recogni)ed law and may have legal "ustifcation or committing the disputedaction.

%sually as*ed or in a =otion or &ummary Nudgment.

Legal >efenses

Acts done in good aith (no malice or ill will

or intent to hurt or ta*e#



or intent to hurt or ta*e# Acts done in a reasonable manner (within

the law and within the agencys policies andprocedures#

Acts "ustifed under the law (>! /0! K0and K/#

Legal >efenses

n"ured party contributed to his6her own

in"uries (contributory negligence#



in"uries (contributory negligence# Acting within the scope o employment

(employer deense i outside scope# Emergency doctrine (use due care#



Res$onses to Ci3il 2ssues

Landlord *enant >is$utes

The $lorida ,esidential 2andlord and Tenant

Act $& SK L0 K >K< governs most o the



Act! $.&. SK.L03K.>K<! governs most o thetraditionally recogni)ed rentalarrangements or dwellings?

Apartments

Town homes :uplees &ingle- amily housing units =obile home par*s.


$ile an eviction proceeding in the county

court where the residence is located



court where the residence is locatedpursuant to $.&. SK.9/

Brit o possession will be issued by thecourt to the sheri'! who is then authori)ed

to evict the tenant and put the landlord inpossession o the residence ater aprescribed notice period. $.&. SK.><


%ntil legally evicted! a tenant has a right to

enter the residence and a landlord may not



enter the residence! and a landlord may notprevent entry by changing the loc*s. &ee$.&. SK.>(<#


2aw enorcement o@cers may physically

evict a tenant only pursuant to a writ o



evict a tenant only pursuant to a writ opossession

Bithout a writ that causes the removal o atenant! whether physically removing the

tenants belongings rom the residence orsuggesting to the tenant that ailure toleave may result in arrest! is li*ely to beconsidered a wrongul eviction

Landlord *enant >O"S (O*A$$ly Dublic lodging establishments such as

hotels and motels $& S90/ 8L8;



hotels and motels! $.&. S90/.8L8; =edical! geriatric! educational! counseling!

religious! or similar residency acilities! $.&.SK.L<(8#;

,ecreational vehicle par*s! $.&. S98.08

Re$ossession of %ro$erty

The repossession o property! such as a

vehicle television or "ewelry rom a person



vehicle! television! or "ewelry rom a personwho ailed to pay a debt! the o@cers role is$rimarily <ee$ing the $eace/

9ehicle Re$o

%sually done by paid subcontractors hired

by the creditor



by the creditor. The contractor is *nown as a recovery agent

and must possess a Class E license issuedby the $lorida :epartment o &tate as well

as an employers identifcation card. =ust contact "urisdiction o the area where

the vehicle is located within two hoursbeore or ater the repossession. &ee $.&.

SL/.>88K

Self Re$o by Creditor

nstead o hiring a recovery agent! a

creditor may lawully repossess the property



creditor may lawully repossess the propertydirectly! as long as this can be donewithout breach of the $eace. &ee $.&.S>/.>0/

Reco3ery Agent !AI (O*

A recovery agent

=ay not enter the debtors home or garage



=ay not enter the debtor s home or garagewithout permission

=ay not open a gate or move aside abarrier

=ay not eert undue pressure on thedebtor! such as the threat o orce



%ublic %ro$erty

=ust determine whether the recovery agent

has ta*en possession o the vehicle



has ta*en possession o the vehicle the vehicle has already been attached to

the tow truc* or the recovery agent isbehind the steering wheel o the vehicle

ready to drive away! the repossession islawul and the agent should be permitted toleave.

%ri3ate %ro$erty

there is a dispute or conrontation

regarding repossessing a vehicle still



regarding repossessing a vehicle stilllocated on private property! this constitutesa breach o the peace! and the recoveryagent cannot lawully ta*e the vehicle! even

i the vehicle is already attached to the towtruc*.

Remo3al !otor 9ehicles from%ri3ate %ro$erty

%sually! law enorcement agencies have no

"urisdiction concerning unwanted vehicles onprivate property



"urisdiction concerning unwanted vehicles onprivate property

$rom the private property or a par*ing lot mustsurrender the vehicle when the owner o'ers

payment o a reasonable service ee o notmore than one-hal the posted rate o thetowing removal cost

&hall notiy the appropriate law enorcement

agency within 0 minutes ater completion osuch towing or removal

Reco3ering 9ehicles from*ow Iards

%sually civil in nature and re1uires no police

action



action

&ometimes! however! the vehicle ownerclaims that the vehicle was towed illegally

or improperly! resulting in damage to thevehicle. such a claim is made! o@cersneed to reer to $.&. S89.0.

the vehicle was not towed properly!criminal penalties may apply.

9ehicle Re$air >is$utes

$.&. S99/./8 permits the vehicle ownerh h i bill *



$.&. S99/./8 permits the vehicle ownerwho reuses to pay the repair bill to ta*epossession o the vehicle ater posting abond with the court cler*

The amount o the repair invoice! includingstorage ees

The cler* will issue a certifcate directingthe repair shop to release the vehicle to theowner.

9ehicle Re$air >is$utes

The repair shops reusal to release the

vehicle once the certifcate is issued is a



vehicle once the certifcate is issued is amisdemeanor under $.&. S99/./8(#.

the vehicle owner reuses to pay therepair cost and removes the vehicle romthe repair shop without posting a bond!then the vehicle owner should beinvestigated or thet under $.&. SK8<.08L.

Child Custody >is$utes

An o@cer must consider several actors beore

ta*ing law enorcement action in a child custodydispute



g ydispute The mother o a child born out o wedloc* is the

natural guardian o the child and is entitled toprimary residential care and custody o the child!

unless a court order states otherwise! even i theather is *nown and ac*nowledges paternity.

,eer to Agency Dolicy6Drocedures

(o Court Ordered Custody for!arried or 6nmarried %arents

5o court order determining custody and one parent

attempts to leave with the child but is not eeingthe "urisdiction



p gthe "urisdiction Tal* to the parties and attempt to resolve the

dispute Fenerally that will be done by allowing the parent

who has the child upon the o@cers arrival to *eepthe child

4@cers should encourage both parents to see*legal counsel and a court hearing to clariy

visitation

(o Court Ordered Custody for!arried or 6nmarried %arents

4ne parent is alleging that the other parent

is attempting to conceal the child rom himh h " i di i i h h hild



s a e p g o co cea e c d oor her or ee the "urisdiction with the child.Even without a court order determiningcustody! $.&. SK.0 ma*es such an action

a third-degree elony

7/-: >oes (ot A$$ly

:oes not apply to a parent who is the victim

o any act o domestic violence



y +elieves that he or she is about to become

a victim o an act o domestic Giolence +elieves that his or her action was

necessary to preserve the child rom dangerto his or her welare and see*s shelter romthese acts or their possibility

Court Ordered Custody for!arried or 6nmarried %arents

one o the parents has been awarded

custody by a court order! and the othert i tt ti t l th hild



y y !parent is attempting to conceal the childrom the custodial parent or ee the

"urisdiction with the child! such concealing

or removal contrary to the court order is aelony o the third degree pursuant to $.&.SK.0L.

Child Custody Court Ordersfrom Other States

=ay not enorce a court order issued by

another state or "urisdiction



" %nless the court order has been

domesticated and a brea* order has beenissued by a court within the o@cers

"urisdiction. A domesticated order is evidenced by a

signature o a "udge in the local county.



>omestic 9iolence2n;unctions

The violation o a custody arrangement contained

in a domestic violence in"unction will generallyremain a civil matter unless one o the provisions in



remain a civil matter unless one o the provisions in$.&. SL8.8 is violated.

the o@cer determines that the circumstances othe custody dispute are civil in nature! the o@cer

should document the incident on the appropriatereport and reer the parties to the local amily lawcourt in accordance with agency policies andprocedures.

Real %ro$erty @oundaries>is$utes Droperty disputes between neighbors are

usually civil in nature. 4@cers should adviseth ti t * i t di i



ythe parties to see* appropriate remedies incivil court.

&tolen Droperty in the Custody o Dawnbro*er

DC /0 day written hold! can be etended by

court order= i d i iti l h ld d



=ay rescind in writing; only one hold orderper piece o property

=ust release or criminal investigation; not

a waiver %pon conviction may order restitution



Ju3enile Law

ChildD Ju3enile or Iouth

IChildJ or I"uvenileJ or IyouthJ means any

unmarried person under the age o 8K whohas not been emancipated by order o the



p ghas not been emancipated by order o thecourt and who has been ound or alleged tobe dependent! in need o services! or rom a

amily in need o services; or any married orunmarried person who is charged with aviolation o law occurring prior to the timethat person reached the age o 8K years.

Ju3eniles

Bhile the procedures or handling "uveniles

may be di'erent The crimes with which theyare charged are the same as i committed



y yare charged are the same as i committedby an adult.

Children who commit crimes are consideredto be delin1uent.

The purpose o the "uvenile system isrehabilitation rather than punishment.

Ju3enile into Custody

A court order or

upon probable cause that the childitt d l i l ti



committed a law violation. Authority to ta*e a child into custody under

the same circumstances and in the same

manner as i the child were an adult

Arri3al at Jail

The o@cer must contact a representative o

the :epartment o Nuvenile Nustice (:NN# whowill conduct an assessment to determine



will conduct an assessment to determinewhether or not the child will be detained.

>JJ >etermination

:NN representative determines that the child

is to be detained! the arresting o@cer willtransport the child to the appropriate



transport the child to the appropriate "uvenile detention acility.

it is determined that the child is not to be

detained! the child may be released to aparent! guardian! legal custodian! or anyresponsible adult.

ChildGs Life or =ealth

the childs lie or health is in such danger that heor she must be removed rom his or hersurroundings! the o@cer may ta*e the child intoprotective custody



protective custody

an o@cer reasonably believes a child has beenabandoned! abused! or neglected! the o@cer may

ta*e that child into custody.

n such situations! the child will normally be allegedto be dependent rather than delin1uent. The o@cershould contact the :epartment o Children and

$amilies at K00-/>-A+%&E or immediate assistance.



Runaway?*ruant

4@cers have no arrest authority or a child who is arunaway or a truant rom school.

th hild i t t th @ i * th hild



the child is truant! the o@cer can pic* the childup and deliver him or her bac* to the schoolsystem.

the child is a runaway! the o@cer should ta*e thechild into protective custody and contact the parentor legal guardian o the child. the parent orguardian is not available! the o@cer should contactthe :epartment o Children and $amilies. This

protective custody is not a criminal arrest.

F/S/ K,71/:-1):+/

A copy o the arrest report o any child 89

years o age or younger who is ta*en intocustody or committing a delin1uent act or



custody or committing a delin1uent act orany violation o law should be orwarded tothe local service district o@ce o the

:epartment o Nuvenile Nustice.

Ju3enile *raEc Oenders

A child who violates a provision o Chapter

8> The tra@c court must transer a "uvenile



The tra@c court must transer a "uvenilecharged with any elony tra@c o'ense tothe Nuvenile :ivision o Circuit Court.

n nonelony cases! the tra@c summonsprocedure should be ollowed i there are noserious circumstances involved.

Ju3enile *raEc Oenders

The same procedures that apply to adults

are to be utili)ed ecept that a child is notto be placed in any vehicle with an arrested



to be placed in any vehicle with an arrestedadult unless the adult is involved in thesame o'ense or transaction.

Ju3enile Se# Oenders

s a child 8< years o age or younger who is allegedto have committed a seual battery as defned in$.&. Chapter /L! an act o prostitution in violationo $ & Chapter /> a lewd and lascivious act in



o $.&. Chapter />! a lewd and lascivious act inviolation o $.&. Chapter K00! an act o seualperormance by a child in violation o $.&. SK<.08!or an act o obscenity in violation o $.&. SKL.08.

A "uvenile se o'ender may also be a child underthe age o 8K who is alleged to have committed anyviolation o the law or delin1uent act involving

"uvenile seual abuse.

F/S/ K:,/-.)+

Nuvenile seual abuse reers to any seual behaviorwhich occurs without consent! without e1uality! oras a result o coercion. Nuvenile seual o'enderbehavior ranges rom noncontact seual behavior



behavior ranges rom noncontact seual behaviorsuch as ma*ing obscene phone calls! ehibitionism!voyeurism! and the showing or ta*ing o lewdphotographs to varying degrees o direct seualcontact! such as rottage! ondling! digitalpenetration! rape! ellatio! sodomy! and variousother seually aggressive acts.

Ju3enile 2nterrogation%rocedures

The standards or 1uestioning a "uvenile are thesame as or adults.

An o@cer is re1uired to ma*e a good aith e'ort toti th t di l l t di h



notiy the parent! guardian! or legal custodian whenthe child is ta*en into custody as per $.&.S/K9.808(#.

There is no statutory re1uirement or the parent orguardians consent beore an o@cer may interviewthe child; however! o@cers should comply withdepartment policy.

Ju3enile 2nterrogation%rocedures 4@cers should be aware that Miranda

applies to "uveniles and a waiver o thoserights will be more closely scrutini)ed by



rights will be more closely scrutini)ed bythe court.

&ee B.M.B. v. State

@/!/@/ 3/ State

/< &o.<d <8/ ($la. <nd :CA <00>#

:etermining a "uveniles understanding ohis or her rights and the signifcance o



his or her rights and the signifcance owaiving those rights

is or her age! marital status! education!

intellectual level! and eperience in thecriminal "ustice system.

Ju3enile 2nterrogations

Agency policies may be more restrictive

=ay only be a reasonable length o time 4@cers should consider and ma*e



4@cers should consider and ma*eade1uate notes o the length o time thechild is held beore interrogation! any

reasons or delay! and the number o brea*sand rest periods given to the child. All "uvenile interrogations should be

videotaped.

Ju3enile School Searches

The laws related to search and sei)ure apply to "uveniles "ust as they do to adults

&chool o@cials may search a students personal



&chool o@cials may search a student s personalproperty when they have reasonable suspicion thatthe student is in possession o an illegal substanceor ob"ect. They have broader authority to search

students than do law enorcement o@cers.

legal refresher

Documents