BRC 104 Legal Concepts: Laws Of Arrest

1. A (n) ____________________ is a court order authorizing law enforcement to take the individual named on the warrant into custody to answer for charges specified in the warrant.

Arrest

Warrantless arrest

Arrest warrant

Notice to Appear

An arrest warrant is a court order that gives law enforcement the authority to apprehend a specific individual and bring them into custody. This warrant is issued when there is sufficient evidence to suggest that the person named on the warrant has committed a crime and needs to face charges. It grants the police the legal power to arrest the individual and hold them accountable for the offenses specified in the warrant.

Explanation

An arrest warrant is a court order that gives law enforcement the authority to apprehend a specific individual and bring them into custody. This warrant is issued when there is sufficient evidence to suggest that the person named on the warrant has committed a crime and needs to face charges. It grants the police the legal power to arrest the individual and hold them accountable for the offenses specified in the warrant.

2. A (n) _________________ is defined as depriving a person of his or her liberty by legal authority.

Arrest

Warrant

Jail

Search

An arrest is the correct answer because it refers to the act of depriving a person of their liberty by legal authority. When someone is arrested, they are taken into custody by law enforcement due to suspicion of committing a crime. This can involve being physically restrained, detained, and transported to a police station or jail. Therefore, an arrest fits the definition given in the question.

Explanation

An arrest is the correct answer because it refers to the act of depriving a person of their liberty by legal authority. When someone is arrested, they are taken into custody by law enforcement due to suspicion of committing a crime. This can involve being physically restrained, detained, and transported to a police station or jail. Therefore, an arrest fits the definition given in the question.

3. A (n)_____________________ is defined as depriving a person of his or her liberty by legal authority.

Assault

Warrant

Warrantless arrest

Arrest

An arrest is defined as depriving a person of his or her liberty by legal authority. This involves the lawful detention of an individual by a person in authority, such as a police officer, based on probable cause or a warrant. It is a formal process that involves taking someone into custody and restricting their freedom of movement.

Explanation

An arrest is defined as depriving a person of his or her liberty by legal authority. This involves the lawful detention of an individual by a person in authority, such as a police officer, based on probable cause or a warrant. It is a formal process that involves taking someone into custody and restricting their freedom of movement.

4. Florida Statute 901.19 authorizes law enforement officers to enter the residence of the wanted fellon in order to _______________.

Make an arrest

Allow them to turn themselves in.

Give a warning

Issue a notice to apprear

Florida Statute 901.19 grants law enforcement officers the authority to enter the residence of a wanted felon for the purpose of making an arrest. This means that if a law enforcement officer has a valid arrest warrant for a wanted felon, they are legally permitted to enter the felon's residence to apprehend them. The statute does not mention allowing the felon to turn themselves in, giving a warning, or issuing a notice to appear as reasons for entering the residence.

Explanation

Florida Statute 901.19 grants law enforcement officers the authority to enter the residence of a wanted felon for the purpose of making an arrest. This means that if a law enforcement officer has a valid arrest warrant for a wanted felon, they are legally permitted to enter the felon's residence to apprehend them. The statute does not mention allowing the felon to turn themselves in, giving a warning, or issuing a notice to appear as reasons for entering the residence.

5. According to the Florida Rules of Criminal Procedure 3.125, an officer may issue a notice to appear except in which of the following?

The accused agrees to sign the notice to appear

The accused lives in the county of the incident

The officer belives that the accused will appear in court.

According to the Florida Rules of Criminal Procedure 3.125, an officer may issue a notice to appear in most cases, except when the accused has previously failed to respond to a notice or summons or has violated the conditions of any pretrial release program. This means that if the accused has a history of non-compliance with legal procedures or has violated the terms of their release before, they cannot be issued a notice to appear and must go through a different process.

Explanation

According to the Florida Rules of Criminal Procedure 3.125, an officer may issue a notice to appear in most cases, except when the accused has previously failed to respond to a notice or summons or has violated the conditions of any pretrial release program. This means that if the accused has a history of non-compliance with legal procedures or has violated the terms of their release before, they cannot be issued a notice to appear and must go through a different process.

6. According to Florida Rule of Criminal Procedure 3.125, a ______________ is a written order that may be issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear on court at a specified date and time.

Sworn complaint

Notice to appear

Arrest

Warrant

According to Florida Rule of Criminal Procedure 3.125, a "notice to appear" is a written order that may be issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. This means that instead of immediately arresting the person, the officer can issue a notice to appear, which serves as a summons for the accused to appear in court. This allows for a more efficient and streamlined process, especially for minor offenses, without the need for an immediate physical arrest.

Explanation

According to Florida Rule of Criminal Procedure 3.125, a "notice to appear" is a written order that may be issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. This means that instead of immediately arresting the person, the officer can issue a notice to appear, which serves as a summons for the accused to appear in court. This allows for a more efficient and streamlined process, especially for minor offenses, without the need for an immediate physical arrest.

7. _______________ is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeong suspect who crosses jurisdictional line.

Hot pursuit

Fresh pursuit

Fleeing subject

Inter angecy agreement

Fresh pursuit is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. This doctrine allows officers to continue chasing and apprehending a suspect, even if they cross into another jurisdiction, without obtaining a warrant. It is based on the principle that the urgency of the situation justifies the officer's actions in order to prevent the suspect from escaping or causing harm to others.

Explanation

Fresh pursuit is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. This doctrine allows officers to continue chasing and apprehending a suspect, even if they cross into another jurisdiction, without obtaining a warrant. It is based on the principle that the urgency of the situation justifies the officer's actions in order to prevent the suspect from escaping or causing harm to others.

8. The authority for law enforcement officers to make arrests in found in what chapter?

801

701

601

901

The correct answer is 901. Chapter 901 is the authority for law enforcement officers to make arrests. This chapter likely contains the specific laws and regulations that outline the powers and procedures for making arrests.

Explanation

The correct answer is 901. Chapter 901 is the authority for law enforcement officers to make arrests. This chapter likely contains the specific laws and regulations that outline the powers and procedures for making arrests.

9. Which is not a misdemeanor exception

Transit Fare Evasion

Domestic Violence

Parking in a Firelane

Violation of Injunction for Protection

Parking in a Firelane is not a misdemeanor exception because it is a violation of traffic laws and regulations. Misdemeanor exceptions typically refer to specific offenses that are considered less serious than felonies, such as transit fare evasion, domestic violence, or violation of an injunction for protection. These exceptions are typically categorized as misdemeanors, which are criminal offenses punishable by fines, probation, or short-term imprisonment. However, parking in a firelane is not typically considered a misdemeanor exception as it is a traffic violation rather than a criminal offense.

Explanation

Parking in a Firelane is not a misdemeanor exception because it is a violation of traffic laws and regulations. Misdemeanor exceptions typically refer to specific offenses that are considered less serious than felonies, such as transit fare evasion, domestic violence, or violation of an injunction for protection. These exceptions are typically categorized as misdemeanors, which are criminal offenses punishable by fines, probation, or short-term imprisonment. However, parking in a firelane is not typically considered a misdemeanor exception as it is a traffic violation rather than a criminal offense.

10. Which is not a misdemeanor exception?

Carrying a firearm in violation of an injunction

Possession of Cannabis less than 20 grams

Stalking

Petit theft

Petit theft is not a misdemeanor exception. The other options listed - carrying a firearm in violation of an injunction, possession of cannabis less than 20 grams, and stalking - are all examples of misdemeanor exceptions. Petit theft, on the other hand, refers to the theft of property valued below a certain threshold, and is typically classified as a misdemeanor offense.

Explanation

Petit theft is not a misdemeanor exception. The other options listed - carrying a firearm in violation of an injunction, possession of cannabis less than 20 grams, and stalking - are all examples of misdemeanor exceptions. Petit theft, on the other hand, refers to the theft of property valued below a certain threshold, and is typically classified as a misdemeanor offense.