Exam (elaborations)
BLE Chapter 2 - Legal Exam 2024/2025 Questions With Completed & Verified Solution.
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BLE Chapter 2 - Legal Exam 2024/2025 Questions With Completed & Verified Solution.
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BLE Chapter 2 - LegalAttempt - ANS An offense when a person did some act toward committing a crime that went
beyond thinking or talking about it, or would have committed the crime except that the person
failed or that someone or something prevented the person from committing it
Elements of a fourth amendment search - ANS -Government + Intrusion + REP
-if any element is missing it is not a search and the fourth amendment is not involved
Good faith doctrine - ANS -applies to an officers actions in conducting a search according to a
search warrant
-if officers execute a search warrant they believe to be valid and a court later determines the
warrant had an error the evidence may still be admitted
Exclusionary rule - ANS A rule which states that evidence obtained illegally by law enforcement
cannot be used as evidence in court
Davis v. U.S. (2011) - ANS -when the police conduct a search in objectively reasonable reliance
on binding appellate precedent, the exclusionary rule does not apply
-officers are not required to anticipate what the supreme court may do, must only operate
according to what the supreme court has done
Child, juvenile, youth - ANS Any unmarried person under the age of 18 who has not been
emancipated by order of the court and who has been found or alleged to be dependent, in need
of services, or from a family in need of services; or any married or unmarried person who is
charged with a violation of law occurring prior to the time that person reached the age of 18
years. Section 985.03(6), F.S.
Ordinance - ANS A statute enacted by a municipal (city) or county government and which
applies only within the jurisdiction of the governmental entity which created it, may be criminal or
civil
Reasonable suspicion - ANS -The level of justification needed to support a legal Terry stop or
investigative detention where an officer can articulate the facts that support a suspicion of a law
violation
-the standard of justification needed to support a terry stop
-the person was committing, is committing, or about to commit a crime
-sometimes called "articulable suspicion"
Civil law - ANS The area of law that pertains to the legal action that a person takes to resolve a
private dispute with another person
,Dwelling - ANS A building or conveyance of any kind, including any attached porch, whether
the building or conveyance is temporary or permanent, mobile or immobile, which has a roof
over it and is designed to be occupied by people lodging therein at night
Culpable negligence - ANS Consciously doing an act that the person knew or should have
known was likely to cause death or great bodily injury
Child abuse - ANS The intentional infliction of physical or mental injury upon a child
Criminal liability - ANS The liability incurred when an officer is found guilty of committing a crime
and is sentenced to incarceration or other penalties
Defense of property - ANS A common legal term describing a person's authority to take
reasonable steps, including the use of force (except deadly force) to the extent that a person
reasonably believes that it is necessary to protect his or her possessions from trespass or theft
or to terminate these acts
Statute of limitations - ANS The legal principle that bars the state from prosecuting an individual
after a certain period of time has elapsed since the criminal act occurred
Noncriminal violation - ANS An offense, also known as a civil infraction, for which the only
penalty may be a fine, forfeiture, or other civil penalty
Admissibility of evidence - ANS The legal requirements that must be met before a jury is
allowed to see or hear evidence
Arrest - ANS To deprive a person of his or her liberty by legal authority
Witness - ANS A person who has information about some element of the crime or about
evidence or documents related to the crime and who may have heard statements or observed
events before, during, or after the crime; a person who sees, knows, or vouches for something
and makes a sworn statement about that information
Two types of arrests - ANS -with a warrant
-without a warrant
Steagald v. U.S. - ANS in order to enter a third party's residence to arrest the subject named in
an arrest warrant, officers must obtain a search warrant or articulate the basis for applicable
search warrant exception
Warrantless arrests - ANS may make a probable cause arrest without a warrant under the
following circumstances
-the person has committed a felony or misdemeanor or violated a county or municipal ordinance
in the presence of the officer
, -the person committed a felony outside of the officers presence but they have probable cause to
believe that the person committed it
-a warrant for arrest has been issued and is being held by another law enforcement agency
-the general rule is that an officer may not make an arrest for a misdemeanor which does not
occur in their presence, unless it is an exception
Fresh pursuit - ANS -allows an officer to enter a residence or other private place while chasing
a suspect
-requires: 1. probable cause that the suspect committed a serious crime 2. immediate or
continuous pursuit of the suspect 3. probable cause that the suspect is in the premises that is
being entered without a warrant
-arrest a fleeing suspect who crosses jurisdictional lines
Emergency scene - ANS -may make a warrantless entry in order to ensure their own or the
publics safety
-must have an objectively reasonable basis to believe that someone is in immediate danger
Seibert v. State (2006) - ANS -must have an objectively reasonable basis to believe that
someone is in immediate danger
-entered the house because they believed the person was going to commit suicide. once inside
they found a murder victim
Curtilage - ANS The enclosed space of ground and the outbuildings immediately surrounding a
structure
Direct liability - ANS A liability which arises in cases in which the officer committed an
intentional or negligent tort in violation of the employing agency's orders or policies
Search Warrant Exceptions that require probable cause - ANS -still require probable cause
-plain view
-mobile conveyance
-exigent circumstances: destruction of evidence, fresh pursuit, emergency
Search Warrant Exceptions that require less than probable cause - ANS -consent
-inventory
-administrative searches
-incident to arrest
Inventory search - ANS -not designed to search for evidence but to protect the arrested
persons property
-a written list of all valuable property in the vehicle
-three options are available; 1. the vehicle may be left at the scene if safe 2. may be turned over
to a friend or family member 3. may be impounded
-an inventory search is only permitted if the vehicle is impounded
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