Exam (elaborations)
FDLE Legal Exam
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Exam of 8 pages for the course FDLE Legal at FDLE Legal (FDLE Legal Exam)
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FDLE LEGAL EXAM QUESTIONS WITHCORRECT DETAILED ANSWERS
n Civil Law - Legal action that a person takes to resolve a private dispute with another person.
First, Second, Fourth, Fifth, Sixth and Eight Amendments - The SIX Amendments that are of particular
importance to Law Enforcement
Fourth Amendment - Prohibits unreasonable searches and seizures.
Second Amendment - Right to bear arms
Administrative Law - Body of law that allows for the creation of public regulatory agencies
Precedent - A rule you are required to follow; unless a higher court changes the rule.
Case Law - Formed by the decisions of the court system based on their interpretation of constitutional
provisions
Fifth Amendment - Prohibits self incrimination, double jeopardy and deprivation of life, liberty or
property without due process
First 10 amendments - Bill of Rights
Sixth Amendment - Right to counsel, speedy and public trial
F.A.C. Chapter 11-B - Governs the training and certification of LEO's
First Amendment - Freedom of: speech, press, religion, peaceful assembly
Common Law - The natural development of Law
Eight Amendment - Prohibits cruel and unusual punishment
Statutory Law - Written and enacted by congress, state legislators or local governing authorities in
response to a perceived need.
Criminal Law - Identifies unacceptable behavior and allow government prosecution of those who commit
a crime.
Exclusionary Rule - Evidence obtained in violation of the constitution.
Noncriminal Violation - The ONLY penalty may be a fine, forfeiture, or other civil penalty (noncriminal)
Search Warrant Exceptions - Probable cause NOT required - 1. Consent
2.Inventory
3. Administrative Searches
, 4.Incident to arrest
General Intent - Requires the intention to commit a forbidden act.
Exigent Circumstances - when there is an immediate threat to public safety or the risk that evidence will
be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following
other usual rules of criminal procedure
Corpus delicti - Body of the crime
Intent - PURPOSELY doing what the law declares to be a crime, whether the person's purpose was to
commit the crime or to meet its outcome.
Probable cause affidavit - Sworn, written statement by a LEO establishing certain facts and circumstances
to JUSTIFY arrest.
Four elements to the Miranda Rights necessary for a custodial interrogation - 1. Custody
2. Interrogation
3. Understanding
4. Free and voluntary waving of rights
Evidence sufficient to prove guilt of each element of the crime - Proof beyond reasonable doubt
Criminal or noncriminal acts punishable under law - Offense
Depriving a person of his or her liberty by legal authority - Arrest
Substantive due process - Fair and consistent enforcement of the law.
Four classifications of intent - 1. General
2. Specific
3. Transfered
4. Criminal Negligence
Plain touch/feel doctrine - Allows the officer to seize the contraband even if it does not feel like a
weapon
Misdemeanor - Max incarceration of UP TO 1yr in county jail.
Felony - Max penalty death or incarceration for MORE than 1yr.
Notice To Appear (NTA) - A written order that may be issued by a Law-Enforcement Officer in lieu of a
physical arrest requiring a person accused of violating the law to appear in court at a specified date and
time. It may only be used under limited circumstances for misdemeanor offenses, municipal/county
ordinance violations, and criminal traffic violations.
Relying on collective knowledge of other officers - Fellow officer rule
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