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Legal System
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Legal System
Constitutional Law
Bill of Rights
Constitutional Law
Constitutional Law
Constitutional Law
Constitutional Law
Classification of
Offenses
Classification of Offenses
Classification of Offenses
Classification of Offenses
Classification of Offenses
Legal Justification
Legal Justification
mere suspicion,
reasonable suspicion,
probable cause, and
proof beyond a reasonable doubt.
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Legal Justification
Exclusionary Rule
Abandoned Property
Freely and voluntarily relinquished control over
items and no longer has expectation of privacy
Open Fields
Curtilage
Proximity of area to private functions of home
Plain touch/feel
students,
public schools,
people in government
offices
government property (such as desks, lockers, and
vehicles)
persons engaged in certain businesses or licensed
activities
persons on probation or parole.
dangerous weapons
fruits of the crime
instruments of the crime
contraband
evidence relevant to proving the commission of a
felony
suspects
Laws of Arrest
Arrest
Chapter 901- authority to arrest
Arrest- depriving a person of his/her liberty
by legal authority
Two types of arrest are with or without a
warrant
Arrest warrant
Warrantless Arrests
Warrantless Arrests
Warrantless Arrests
Misdemeanor Exceptions
Battery (784.03)
Warrantless Arrests
Misdemeanor Exceptions
Stalking (784.048)
Warrantless Arrests
Misdemeanor Exceptions
Contributing Delinquency/Dependency of
Minor (827.04)
Warrantless Arrests
Misdemeanor Exceptions
Terminate encounter
Fresh Pursuit
Fresh Pursuit
Laws of Interrogation
***
Michael DeLeo
954-797-2181
mdeleo@psd.plantation.org
Laws of Interrogation
Miranda v. Arizona
Miranda Elements
Custody
Interrogation
Understanding
Free and voluntary waiving of rights
Custody
Deprived of freedom
Handcuffing or restricting movement is
considered custody
Custody- Miranda
required?
Court reviews:
Facts and circumstances of interrogation
Non-custodial Interview
Interrogation
Giving Miranda
Understanding
Age
National origin
Education
Circumstances of the advising
Mental condition
Under the influence
Waiver of Rights
Required prior to questioning
Written is preferred, but not required
Can be verbal or implied
Free and voluntary
No promises or coercion
Invocation of Rights
Clear and unequivocal request to invoke
Cease immediately
Significant lapse of time can re-initiate
interview
Request for attorney no further questions
Criminal Intent
Intent
Categories of Intent
Criminal Negligence
General intent
Specific Intent
Transferred Intent
General Intent
Specific Intent
Transferred Intent
Criminal Negligence
Elements of Crimes
Theft 812.014
Theft Values
Felony Theft
will or other testamentary instrument
firearm
motor vehicle
any commercially farmed animal
an aquaculture species raised at a
permitted aquaculture facility
fire extinguisher
2,000 pieces of citrus fruit
Felony Theft
property from a posted construction site
any stop sign
property, funds, or assets from a person 65
years of age or older
anhydrous ammonia
Robbery 812.13
Theft plus
Theft plus
Only enough force to commit the crime
Purse snatch
Carjacking 812.133
Robbery of a car
Definitions
Trespass Structure or
Conveyance 810.08
Burglary 810.02
Trespass plus
Burglary
Possession of Burglary
Tools
Assault 784.011
Aggravated Assault
784.021
Assault plus
Assault LEO/Firefighter/Medical
784.07(2)(a)
Assault plus
Aggravated Assault on
LEO/Firefighter 784.07(2)(c)
Battery 784.03
Aggravated Battery
784.045
Battery on LEO/Firefighter/Medical
784.07(2)(b)
Battery plus
Domestic Violence
741.28(2)
Not a crime!!!
Family/Household Member
741.28(3)
Homicide
Elements of Murder-First Degree,
F.S.782.04(1)(a)(1), Capital Felony
Elements of Murder-Second Degree, F.S.
782.04(2), Felony
Elements of Felony Murder-First
Degree, F.S. 782.04(1)(a)(2), Capital
Felony
Elements of Felony Murder-Second
Degree, F.S. 782.04(3), Felony
Homicide
Elements of Felony Murder-Third
Degree, F.S. 782.04(4), Felony
Elements of Manslaughter, F.S. 782.07,
Felony
Elements of Vehicular Homicide, F.S.
782.071, Felony
Elements of DUI Manslaughter, F.S.
316.193(3)(c)(3), Felony
Alcohol Under 21
562.11
The defendant sold, gave, or served
an alcoholic beverage
to a person under the age of 21
Tobacco under 18
569.101
The defendant sold, delivered, bartered,
furnished, or gave
to a person under 18
any tobacco product
Drug Offenses
893.13(1)(a)
The offender sold, purchased,
manufactured, delivered, or possessed with
intent to sell, purchase, manufacture, or
deliver a certain substance.
The substance was the specific substance
alleged.
The offender had knowledge of the
presence of the substance.
Stalking 784.048(2),
Definitions
Definitions
Definitions
Sexual Battery
800.03
Lewd or Lascivious
800.02- misdemeanor
Identity Theft
Forgery 831.01
The offender falsely made, altered, forged
or counterfeited a document (specified in
statute).
The offender intended to injure or defraud
some person or firm.
It is not necessary that the defendant
intended to use the document or to profit
himself from its use. It is sufficient if he
intended that some person would use it to
injure or defraud.
Exceptions
Even if all these elements are proved, the
offender is not guilty if any of the following
three defenses is proved:
1. The payee or holder knew that the
offenders funds and credit at the bank at
the time the check was given were
insufficient to pay the check; or
2. The payee or holder had good reason to
believe that the offenders funds and
credit at the bank at the time the check
was given were insufficient to pay the
check; or
3. The check was post-dated.
Elder Abuse
825.101
825.102
Abuse, aggravated abuse, and neglect of an
elderly person or disabled adult
825.103
Exploitation of an elderly person or disabled
Notes
For definitions of child, neglect of child,
and child abandonment, see F.S. 827.03.
Note: Leaving a newborn infant at a
hospital, emergency medical services
station, or fire station without intent to
return does not constitute a crime. See F.S.
827.035.
False Imprisonment
787.02
The defendant forcibly or secretly or by
threat confined, abducted, or imprisoned
the victim against his or her will.
The defendant had no lawful authority.
Confinement of a child under the age of 13
is against the childs will if such
confinement is without the consent of the
parent or legal guardian.
Kidnapping 787.01
Human Trafficking
787.06(3)(a)
Levels of
Criminal Involvement
Identify
Victim
Witness
Suspect
Witness
Victim
Unidentifiable Victims
Victims Rights
Suspect
Suspect
Accessory Exception
Attempt
Attempt
Solicitation
F.S.S, 777.04(2)
Solicitation:
Solicitation
Conspiracy
F.S.S. 777.04(3)
Conspiracy
Conspiracy
Legal Defenses to
Criminal Responsibility
Officers Responsibility
Throughout an investigation, an officer
should anticipate these defenses and be
prepared to rebut them with evidence to
the contrary.
However, an officer has a responsibility to
investigate and notify the state attorney of
any evidence that may point to the
suspects innocence.
This type of evidence is known as
exculpatory evidence.
alibi
mistake or
ignorance of fact
intoxication
duress or
coercion
justifiable use of
force
self-defense
defense of
property
entrapment
insanity
mental
incompetence
statute of
limitations
consent
Alibi
Mistake or ignorance of
fact
Controlled Substances
Exception
Intoxication
Types of Intoxication
Duress/Coercion
Self-Defense
Defense of Property
Entrapment
Insanity
MNaughten Rule
Mental Incompetence
Statute of Limitations
Statute of Limitations
Statute of Limitations
Prosecution must begin:
Within four years after the commission of a felony of
the first degree
Consent
Consent Exceptions
Evidence
Chapter 90
Anything that tends to prove or disprove the
existence of a fact.
There is a legal distinction between
evidence and proof.
Evidence is information that is allowed in
court, while proof is the effect produced by
that information.
Testimonial Evidence
Documentary Evidence
Physical/Real Evidence
Evidence is Offered
Evidence is Offered
Admissibility of Evidence
Exclusion of Evidence
Hearsay
Protected Communications
lawyerclient
journalistsource
husbandwife
psychotherapistpatient
accountantclient
clergypenitent
sexual assault counselorvictim
domestic violence advocatevictim
Note: Each of these privileges may be waived by
voluntary disclosure in accordance with F.S.
90.507.
Use of Force
Use of Force
Use of Force
Use of Force
Fleeing Felon
when deadly force is necessary to prevent the suspect
from escaping;
when a warning has been given when feasible;
and when the officer reasonably believes that the
fleeing felon poses a threat of death or serious
physical harm to the officer or others or that the
fleeing felon has committed a crime involving the
infliction or threatened infliction of serious physical
harm to another person.
Use of Force
Escape
The statute authorizes law enforcement officers to
use reasonable and necessary force in order to
prevent the escape of an arrested person.
Use of Force
Defense of a Person
if the individual has reason to believe that deadly
force is necessary to prevent imminent death or
great bodily harm to him- or herself or another
person or
to prevent the commission of a forcible felony
Use of Force
Use of Force
Liability
Job loss
Prison sentence
Payment of monetary awards
Liability
Search
Arrest
Question
Force
Omit to act (medical/arrest)
Criminal or Civil
Civil Liability
Monetary damages
Crimes v. Torts
Assault
Battery
Theft
False Imprisonment
Kidnapping
Aggravated Assault
Manslaughter
Homicide
Assault
Battery
False arrest
Malicious Prosecution
Conversion
Wrongful Death
Excessive Force
Intentional Torts
Assault
Battery
False Arrest
Malicious Prosecution
Conversion (if intentional)
Wrongful Death (if intentional)
Negligence
Failure to use reasonable care in a situation
that results in harm to another
CPR incorrectly
Negligence Torts
Vehicle crashes
False arrest
Property damage
Failure to provide adequate medical care
Wrongful damage
Conversion
Wrongful death
Simple Negligence
Failure to use such care as a reasonably
prudent person would under the same or
similar circumstances
Minor mistake
Gross Negligence
Elements of Negligence
Duty to act
Breach of duty to act with care
Causation (proximate cause)
Damages incurred
Duty to Act
Breach of Duty
The Defendant:
Failed to act or acted incompetently; or
The duty to act was ignored or carried out
incompetently
Evidence shows Defendant violated
accepted practices, violated a law or
violated a Department Policy or Procedure.
Proximate Cause
The legal cause of an event and the link
between the breach of duty and the harm
caused.
Was it foreseeable that the defendants act
or failure to act caused the harmful event.
Damages Incurred
Damages
Also refers to money that a Court orders the
Defendant to pay to compensate the
Plaintiff.
Compensatory Damages
Punitive Damages
Compensatory Damages
Punitive Damages
Right to Vote;
Right to Due Process; and
Right to Equal Protection Under the Law.
Criminal Violation of
Federal Civil Rights
Incarceration;
Probation;
Community Control;
Monetary Fines; or
Order of Restitution.
Capital violation can lead to execution.
State v. Federal
Title 18 Deprivation of
Rights Under the Color of
Law
Criminal if acting under Color of Law causes
another person injury or death because the
other person:
Is an alien; or
Is of different national origin, race, color, religion,
sex, age or familial status; or
Has a disability.
Attorneys fees
Intentional not negligence
Discipline
Agency
Counseling, Retraining, Written reprimands,
suspension, termination or non-certification.
State
Written reprimand, Probation with or without
retraining, suspension or revocation.
Liability to Officer
Restrain your liberty;
Financial penalties;
Criminal conviction can result in loss of
employment or certification as an officer
Employer cannot pay punitive damages per
State law
Agency Liability
Employing agency and certain government
officials
Within course and scope of employment
Direct Liability
Vicarious Liability
Agency Liability
Direct Liability
fail to carry out
agencys orders or
policies
Negligent hiring
Negligent assignment
Negligent retention
Failure to train
Vicarious liability
officers faulty action
passes upward the chain
of command
If it is shown that neither
the agency nor the
supervisor is responsible
for an employees
improper act then no
liability to the agency.
Officer Protections
Sovereign Immunity
Chapter 111 FSS
Qualified Immunity
Sovereign Immunity
FSS 768.28
Plaintiff must send notice of intent to sue within a
certain number of days after the alleged incident
Plaintiff must wait a specified before suing
SOL is 4 years
Limits to $100,000.00 per person/$200,00.00 per
incident
Sovereign Immunity
Qualified Immunity
Legal Defenses
Acts done in good faith (no malice or ill will
or intent to hurt or take)
Acts done in a reasonable manner (within
the law and within the agencys policies and
procedures)
Acts justified under the law (776, 790, 870
and 893)
Legal Defenses
Injured party contributed to his/her own
injuries (contributory negligence)
Acting within the scope of employment
(employer defense if outside scope)
Emergency doctrine (use due care)
Repossession of Property
Vehicle Repo
Usually done by paid subcontractors hired
by the creditor.
The contractor is known as a recovery agent
and must possess a Class E license issued
by the Florida Department of State as well
as an employers identification card.
Must contact jurisdiction of the area where
the vehicle is located within two hours
before or after the repossession. See F.S.
493.6118
Public Property
Must determine whether the recovery agent
has taken possession of the vehicle
If the vehicle has already been attached to
the tow truck or the recovery agent is
behind the steering wheel of the vehicle
ready to drive away, the repossession is
lawful and the agent should be permitted to
leave.
Private Property
Domestic Violence
Injunctions
Juvenile Law
Juveniles
Arrival at Jail
DJJ Determination
DJJ representative determines that the child
is to be detained, the arresting officer will
transport the child to the appropriate
juvenile detention facility.
If it is determined that the child is not to be
detained, the child may be released to a
parent, guardian, legal custodian, or any
responsible adult.
Florida Statute
985.03(24)
Runaway/Truant
F.S. 985.305(3).
F.S. 39.01(7)
Juvenile Interrogation
Procedures
Juvenile Interrogation
Procedures
Officers should be aware that Miranda
applies to juveniles and a waiver of those
rights will be more closely scrutinized by
the court.
See B.M.B. v. State
B.M.B. v. State
927 So.2d 219 (Fla. 2nd DCA 2006)
Determining a juveniles understanding of
his or her rights and the significance of
waiving those rights
His or her age, marital status, education,
intellectual level, and experience in the
criminal justice system.
Juvenile Interrogations
Agency policies may be more restrictive
May only be a reasonable length of time
Officers should consider and make
adequate notes of the length of time the
child is held before interrogation, any
reasons for delay, and the number of breaks
and rest periods given to the child.
All juvenile interrogations should be
videotaped.