Term
Bondsmen and Runners are registered under what Florida Chapter? Their powers are derived from what Florida State Statute? |
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Definition
Chapter 684 F.S. Chapter 903 |
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Term
The bondsman may also surrender the accused at any time prior to trial due to a breach of the bond agreement, or within _______ years after a forfeiture of the bond? |
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Definition
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Term
Can a bondsman make an arrest without a warrant on his/her principal (accused party)? What days of the week can a bondman make an arrest? |
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Definition
The bondsman may arrest his or her principal (accused party) without a warrant at any time, on any day of the week, and may even break and enter into the accused’s house without a warrant to make the arrest. |
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Term
What must a bondsman have in his/her possession each time to effect an arrest? |
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Definition
A bondsman should have a certified copy of the bond in his or her possession; this is evidence of the bondsman’s authority. |
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Term
Who holds the license of a bondsman? How would you check to see a bondsman's Status? |
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Definition
If an officer has doubts as to whether or not a bondsman or runner is licensed, the officer may verify their status by contacting the Office of Insurance Regulation, Bureau of Licensing, in Tallahassee. The phone number is (850) 413-3137. |
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Term
Can a bondsman carry any type of weapon they choose? |
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Definition
Bondsmen and runners have no special authority to carry concealed weapons or firearms. Unless they have a valid concealed weapons permit, they must abide by all laws governing citizen possession and use of weapons |
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Term
Name the four (4) Consul type of Officers? |
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Definition
Consular Officers are Consuls-General, Deputy Consuls-General, Consuls and Vice-Consuls. |
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Term
What type of crime can Consular officers be arrested and detained for? |
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Definition
Under prevailing international law and agreement, a foreign career Consular Officer is not liable for arrest or detention pending trial except in the case of a grave crime (felony offense that would endanger the public safety) and pursuant to a decision by the competent judicial authority. |
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Term
Are Honorary Consuls immune from arrest or prosecution due to their job status? |
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Definition
These individuals are not immune from arrest or detention; they are also not entitled to personal immunity from the civil and criminal jurisdiction of the receiving state except as to official acts performed in the exercise of their consular functions. However, appropriate steps must be provided to accordto such officers the protection required by virtue of their official position. |
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Term
After an incident has been documented regarding an consular officer, who should you notify? |
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Definition
A copy of the incident report should be faxed or mailed to U.S. Department of State in Washington, D.C., or to the U.S. Mission to the U.N. in New York in cases involving the U.N. community, as soon as possible. |
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Term
What should you do, if you stop a consular officer for D.U.I.? |
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Definition
1. Take him or her to the station or a location where he or she can recover sufficiently to enable him to drive safely. 2. Take him or her to a telephone so that he or she can call a relative or a friend to come for him or her. 3. Call a taxi for him or her. 4. Take him or her home. |
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Term
What year did the United State ratify the Vienna Convention? |
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Definition
1967 (This treaty mandates that foreign nationals who are arrested or detained be advised of their right to consult with members of their consulate or consular officials) |
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Term
If a foreign national is arrested, can you advise them of their right to have a consular official notified instead of the reading of the Miranda rights? |
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Definition
NO. Officers must realize that subjects still have to be advised of their Miranda rights where appropriate. Advising foreign nationals of the right to have a consular official notified of their arrest or detention, or the mandatory notification of a consular official, must be done in addition to, and not as a substitute for, Miranda warnings. |
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Term
Which case law is associated with Loitering and prowling? |
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Definition
This is a crime-prevention law. It is a useful tool to police officers in their task of protecting the public from a large segment of the criminal population. State v. Ecker, 311 So. 2d 104 (Fla. 1975). |
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Term
Define Loitering and Prowling? |
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Definition
“It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for lawabiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” |
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Term
What three (3) things that may be considered to determine that loitering and prowling may be occurring? |
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Definition
Under the statute, the following circumstances may be considered in determining whether alarm or immediate concern is warranted and thus whether or not to make an arrest: The subject 1. takes flight upon the appearance of a police officer; 2. refuses to identify himself or herself; or 3. tries to conceal himself or herself or any object. |
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Term
If a subject upon seeing a law enforcement officer takes flight in a high crime area, is that cause for an officer just cause for an investigative detention? |
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Definition
YES. Flight at the sight of police officers in a high crime area is now considered articulable suspicion for an investigative detention under the Fourth Amendment. Illinois v. Wardlow, 528 U.S. 119 (2000). |
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Term
BEFORE making an arrest for loitering and prowling, what two (2) things must be completed? |
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Definition
1. Afford the subject an opportunity to dispel any alarm or immediate concern which would otherwise be warranted. By case law, Miranda warnings must be given before the subject is afforded the opportunity to dispel the officer’s alarm. 2. Ask the subject to identify himself or herself and explain his or her presence and conduct. |
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Term
What Florida State Statute is the BAKER ACT Statute? |
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Definition
FLORIDA STATUTES §394.463(2)(a)2. provides a law enforcement officer with the ability to take a person who meets the criteria for involuntary examination (more commonly referred to as a “Baker Act”) into custody and deliver him or her to the nearest receiving facility. |
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Term
What is NEEDED to make a felony arrest? |
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Definition
A police officer may make a warrantless arrest if there is probable cause to believe that a felony has been committed and the individual is the perpetrator of the crime. |
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Term
How many misdemeanor exceptions are listed in the 2008 Florida Legal Guidelines? |
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Definition
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Term
Define how the "Civil Rights Act" applies to law enforcement? |
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Definition
If you act in your official capacity you are acting under color of state (or local) law, and if your conduct results in the deprivation of any constitutionally guaranteed rights, you could be liable not only for actual damages, but for puni- tive damages if the element of malice is shown. |
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Term
What year did the civil rights act become enacted? |
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Definition
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