Form 2B, Page 1

FLORIDA STATE COLLEGE AT JACKSONVILLE

NON-COLLEGE CREDIT COURSE OUTLINE

COURSE NUMBER: CJK 0012

COURSE TITLE: Legal

PREREQUISITE(S): None

COPREREQUISITE(S): None

TOTAL CONTACT HOURS: 62

(For Office Use Only:

Vocational Credits 2.0)

FACULTY WORKLOAD POINTS: 2.06

STANDARDIZED CLASS SIZE

ALLOCATION: 25

COURSE DESCRIPTION:

This course prepares students to have a foundational understanding of the U.S. legal system and the various sources of laws. The course also prepares students to have a basic understanding of the U.S. Constitution and the amendments that affect their law enforcement duties. Students should understand the differences between a

misdemeanor, felony, noncriminal, local ordinance violation and should also be able to articulate reasonable suspicion and probable cause whenever they exist. Students should be able to list the elements of the most

commonly encountered crimes and articulate the elements in a report. Students should understand the authority to make an arrest and the circumstances for making an arrest with or without a warrant and should understand the constitutional requirements for a valid search and/or seizure and be able to anticipate possible issues the

defense may raise in a criminal case. The course also prepares students to understand the legal basis for using force by examining related court cases and have a basic understanding of the liability that may result from the performance of their duties and how to reduce potential exposure to lawsuits. The course will prepare students to understand the application of Florida law to situations involving juveniles.

SUGGESTED TEXT(S): Florida Basic Recruit Training Program: Law Enforcement, Volume 1 (Chapter 2)

Florida Criminal Jury Instructions

Florida State Statutes

IMPLEMENTATION DATE: Summer Term, 2014 (20143) - Proposal 2014-38

REVIEW OR MODIFICATION DATE:


Form 2B, Page 2

COURSE TOPICS CONTACT HOURS

PER TOPIC

I. Evolution of Laws 3

A. LE700.1. Explain how the application of statutory law provisions impacts officers’ actions.

B. LE700.2. Describe the foundation of law as developed in the U.S. legal system.

C. LE700.3. Define constitutional law as it applies to the structure and limitations of the U.S. government.

D. LE700.4. Explain the concepts of statutory, ordinance, and criminal law in the U.S. legal system.

E. LE700.5. Explain how the application of civil law provisions impacts a law enforcement officer’s actions.

F. LE700.6. Explain the role of administrative law for U.S. government agencies.

G. LE700.7. Explain how the application of case law impacts the interpretation of statutes and rules in federal, state, and local jurisdictions.

II. Focus on Constitutional Law 3

A. LE700.8. Explain how the U.S. Constitution affects a law enforcement officer in the performance of his or her duties.

B. LE700.9. Explain the importance of the Bill of Rights as provided in the U.S. Constitution.

C. LE700.10. Summarize basic concepts of “due process” as provided in the U.S. Constitution.

D. LE700.11. Describe the pertinent constitutional law provisions that impact officers’ actions.

E. LE700.12. Describe how the application of case law provisions impact a law enforcement officer’s actions.

III. Classification of Offenses 3

A. LE138.1. Differentiate between felony and misdemeanor offenses as provided in the Florida Statutes.

B. LE138.2. Explain the statutory penalties which may be imposed for noncriminal violations as provided in the Florida Statutes.

C. LE138.3. Contrast criminal offenses, noncriminal offenses, and municipal ordinance violations.

D. LE138.4. Describe the statutory penalties which may be imposed for municipal ordinance violations as provided in the Florida Statutes.

IV. Standards of Legal Justification 4

A. LE740.1. List the four standards of legal justification common to law enforcement.

B. LE740.2. Explain an officer’s legal justification to act in the enforcement of his or her duties.

C. LE740.3. Identify the legal actions a law enforcement officer may take during a consensual encounter as provided by law.

D. LE740.4. Provide the sources of reasonable suspicion identified in federal and state law.

E. LE740.5. Explain the legal actions a law enforcement officer may take based upon reasonable suspicion as provided by law.

F. LE740.6. Explain the legal use of pretext stops as provided in case law.

G. LE610.1. Define probable cause in accordance with constitutional law.

H. LE610.2. Explain how to apply the facts of the incident to the statutory elements to determine if probable cause exists.

I. LE740.7. Describe legally recognized sources for developing probable cause during a law enforcement investigation.

J. LE740.8. Explain the standards of legal justification common to law enforcement as provided by law.

Form 2B, Page 3

COURSE TOPICS CONTACT HOURS

PER TOPIC

V. Search and Seizure 5

A. LE742.1. Describe the constitutional guarantees related to search and seizure provided in the Fourth Amendment.

B. LE742.2. Contrast search and seizure in accordance with the U.S. Constitution.

C. LE742.3. State the legal requirements for a law enforcement officer to obtain a search warrant.

D. LE742.4. Differentiate between the exclusionary rule and the Good Faith Doctrine as applied to search and seizure.

E. LE610.3. State the exceptions to the search warrant requirement in accordance with constitutional law.

F. LE742.5. Explain the search of abandoned property and open fields doctrine as legal exceptions to search warrant requirements.

G. LE742.6. Explain the three conditions of plain view that must be met for the legal exception to a search warrant requirement.

H. LE742.7. Explain the mobile conveyance exception to the search warrant requirement as provided in case law.

I. LE742.8. Explain the exigent circumstances exception to the search warrant requirement as provided in case law.

J. LE742.9. Explain how fresh pursuit is a legal exception to the search warrant requirement.

K. LE742.10. Explain the emergency scene exception to the search warrant requirement as provided in case law.

L. LE742.11. Explain the consent to search exception to the search warrant requirement as provided in case law.

M. LE742.12. Identify the purpose of and conditions under which a vehicle inventory is a legal exception to the search warrant requirement.

N. LE742.13. Explain the administrative search exception to the search warrant requirement as provided in federal and state law.

O. LE742.14. Describe the search incident to arrest exception to the search warrant requirement as provided in federal and state law.

P. LE742.15. Describe the scope of searches legally permitted for a law enforcement officer.

Q. LE742.16. Summarize the Florida Contraband Forfeiture Act as applied to acts of search and seizure.

VI. Laws of Arrest 5

A. LE754.1. Contrast arrest and arrest warrant as provided in the Florida Statutes.

B. LE754.2. Describe situations in which a law enforcement officer is authorized to make a legal warrantless arrest.

C. LE754.3. List the statutory exceptions to the misdemeanor arrest requirement.

D. LE754.4. Explain the notice to appear as provided in the Florida Rules of Criminal Procedure.

E. LE754.5. Explain how a probable cause affidavit is used in the U.S. court system.

F. LE754.6. Explain what the doctrine of fresh pursuit legally allows a law enforcement officer to do in the performance of his or her duties.

G. LE754.7. Recognize jurisdictional issues regarding fresh pursuits as provided in Florida Statutes.

Form 2B, Page 4

COURSE TOPICS CONTACT HOURS

PER TOPIC

VII. Use of Force 5

A. LE760.1. Explain the objective reasonableness standard as interpreted and applied by case law.

B. LE760.2. State the questions a law enforcement officer will have to answer in any use of force situation.

C. LE760.3. Explain the law authorizing use of force for arrest or detention by law enforcement officers.

D. LE760.4. Identify when an officer may use deadly force to apprehend a fleeing felon.

VIII. Laws of Interrogation 4

A. LE752.1. Distinguish an interview from an interrogation in a law enforcement setting.

B. LE752.2. Explain the importance of the Miranda decision for conducting a legal interrogation.

C. LE752.3. Identify the key aspects of the Miranda decision as provided in case law.

D. LE752.4. Explain when to administer Miranda warnings in an interrogation process.

E. LE752.5. Describe the concept of custody in relation to the Miranda decision.

F. LE752.6. Summarize case law on the Miranda decision regarding the legality of custody.

G. LE752.7. Explain the elements of interrogation in relation to the Miranda decision.

H. LE752.8. Explain the significant case law rulings on the Miranda decision.

I. LE752.9. Report how to correctly administer Miranda warnings to a suspect during the interrogation process.

J. LE752.10. Explain the importance of ensuring that a suspect understands his or her constitutional rights prior to an interrogation.

K. LE752.11. Explain the importance of administering a waiver of rights prior to an interrogation.

L. LE752.12. Summarize the actions a law enforcement officer may take when a suspect invokes his or her Miranda rights.

IX. Criminal Intent 2

A. LE138.5. Explain how a law enforcement officer determines if a crime has been committed.

B. LE138.6. Define criminal intent as provided in Florida law.

C. LE138.7. Distinguish the legally recognized categories of criminal intent.

X. Elements of Crimes 8

A. LE716.1. Differentiate between the elements of theft and robbery in relation to provisions of the Florida Statutes.

B. LE716.2. Explain the elements of trespass on property or in a structure or conveyance as provided in the Florida Statutes.

C. LE716.3. Explain the elements of burglary as provided in the Florida Statutes.

D. LE716.4. List the elements of loitering and prowling as provided in the Florida Statutes.

E. LE716.5. Explain the elements of assault as provided in the Florida Statutes.

F. LE716.6. Explain the elements of battery as provided in the Florida Statutes.

G. LE716.7. Explain the elements of domestic violence as provided in the Florida Statutes.

H. LE716.8. Explain the meaning of domestic violence as provided in the Florida Statutes.

I. LE716.9. List the various types of homicide as provided in the Florida Statutes.

J. LE716.10. List the elements of disorderly conduct as provided in the Florida Statutes.

K. LE716.11. List the elements of disorderly intoxication as provided in the Florida Statutes.

Form 2B, Page 5

COURSE TOPICS CONTACT HOURS

PER TOPIC

L. LE716.12. List the elements of open house party offenses as provided in the Florida Statutes.

M. LE716.13. Summarize the elements of alcoholic beverage and tobacco product offenses regarding persons under the age of 21, as provided in the Florida Statutes.

N. LE716.14. Explain the elements of drug offenses as provided in the Florida Statutes.

O. LE716.15. List the elements of a person resisting officer arrest as provided in the Florida Statutes.

P. LE716.16. Contrast stalking, harassment, and cyber-stalking as provided in the Florida Statutes.

Q. LE716.17. Explain the elements of stalking as provided in the Florida Statutes.

R. LE716.18. Explain the elements of sexual battery as provided in the Florida Statutes.

S. LE716.19. Explain the elements of exposure of sexual organs as provided in the Florida Statutes.

T. LE716.20. Explain the elements of lewd or lascivious offenses as provided in the Florida Statutes.

U. LE716.21. List the elements of voyeurism as provided in the Florida Statutes.

V. LE716.22. List the elements of gambling as provided in the Florida Statutes.

W. LE716.23. Explain the elements of prostitution as provided in the Florida Statutes.

X. LE716.24. Explain the elements of carrying a concealed weapon as provided in the Florida Statutes.

Y. LE716.25. Explain the elements of criminal mischief offenses as provided in the Florida Statutes.

Z. LE716.26. List the elements of fraudulent use of a credit card as provided in the Florida Statutes.

AA. LE716.27. Explain the elements of criminal use of personal identification information as provided in the Florida Statutes.

BB. LE716.28. Explain the elements of forgery offenses as provided in the Florida Statutes.

CC. LE716.29. Explain the elements of abuse offenses as provided in the Florida Statutes.

DD. LE716.30. Explain the elements of false imprisonment as provided in the Florida Statutes.

EE. LE716.31. List the elements of kidnapping as provided in the Florida Statutes.

FF. LE716.32. List the elements of luring or enticing a child as provided in the Florida Statutes.

GG. LE716.33. Explain the elements of human trafficking as provided in the Florida Statutes.

HH. LE716.34. List the elements of human smuggling as provided in the Florida Statutes.

XI. Levels of Criminal Involvement 2

A. LE718.1. Distinguish between the witness, victim, and suspect in an incident involving a crime.

B. LE718.2. Identify the statutory criteria for criminal responsibility, including principal in the first degree, accessory, and accessory after the fact.

C. LE718.3. Explain criminal attempt as defined in the Florida Statutes.

D. LE718.4. List the elements of solicitation as provided in the Florida Statutes.

E. LE718.5. List the elements of conspiracy as provided in the Florida Statutes.

F. LE718.6. Differentiate between solicitation and conspiracy to commit a crime as provided in the Florida Statutes.

XII. Legal Defenses to Criminal Responsibility 3

A. LE760.5. Explain the no retreat law in accordance with the Florida Statutes.

B. LE760.6. Identify when the Florida Statutes allows the use of force in the protection of person or property.

C. LE750.1. Differentiate between the types of legal defenses to criminal responsibility as provided in constitutional law and in the Florida Statutes.

D. LE750.2. Summarize the statute of limitations as provided in constitutional law and the Florida Statutes.

E. LE750.3. Explain consent when it is used as a legal defense to criminal responsibility.

F. LE750.4. Explain exceptions to consent as provided in constitutional law and the Florida Statutes.

Form 2B, Page 6

COURSE TOPICS CONTACT HOURS

PER TOPIC

XIII. Evidence Rules and Concepts 3

A. LE748.1. Describe the Florida Evidence Code as provided in the Florida Statutes.

B. LE748.2. Differentiate between the various types of evidence provided in the Florida Evidence Code.

C. LE748.3. Explain the three main reasons why evidence is used in court.

D. LE748.4. Summarize the general rules for excluding evidence in court proceedings as provided in the Florida Evidence Code.

E. LE748.5. List the four specific requirements that law enforcement officers must be aware of to ensure admissibility of evidence.

F. LE748.6. Describe privileged communications as provided in the Florida Evidence Code.

G. LE748.7. Describe privileges with respect to disclosure of information as provided in the Florida Evidence Code.

XIV. Civil and Criminal Liability 4

A. LE746.1. Distinguish criminal from civil liability in relation to a law enforcement officer’s performance.

B. LE746.2. Explain how a tort may impact liability for an individual or an agency.

C. LE746.3. Explain negligence as it applies to the performance of a law enforcement officer’s duties.