Exam (elaborations)
FDLE Legal Exam
- Course
- Institution
Exam of 8 pages for the course FDLE Legal at FDLE Legal (FDLE Legal Exam)
[Show more]
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller knowledgeNest. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
83637 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now