Deck 11: Civil Liability and Accountability

Question 1

Which of the following consists of actions that are highly likely to cause injury or damage?

A)State torts liability
B)Intentional torts
C)Negligence torts
D)Liability torts

Answer 1

B

Question 2

Explain reasonable expectation of privacy and how it relates to Fourth Amendment search.

Answer 2

A reasonable expectation of privacy means that people who speak or act in private can reasonably expect that what they say or do will not be seen or heard by someone else.For a Fourth Amendment search to occur,the government actor must also infringe on a person's reasonable expectation of privacy.

Question 3

A patrolling police officer passes by a bank on rounds,and he sees nothing wrong.The bank is then robbed 10 minutes later.Which of the following would be the defense used for the police officer?

A)Public-duty doctrine
B)Contributory negligence
C)Assumption of risk
D)Sudden peril

Answer 3

A

Question 4

List and briefly describe the types of searches and seizures without warrants.

Question 5

If a suspect is injured in a car accident while being transported by a police officer who was speeding,which defense would be used to blame the suspect for distracting the officer by kicking at his seat?

A)Intentional tort
B)Public-duty doctrine
C)Comparative negligence
D)Contributory negligence

Question 6

Define and describe the concept of interrogation.

Question 7

A police officer came to the door of a suspect's house and showed his badge,provided his name,and stated his purpose.What is this an example of?

A)Acting under theory of liability
B)Acting under color of law
C)Acting within culpability
D)Acting within absolute immunity

Question 8

What are Miranda rights?

Question 9

Which of the following would be characterized as an action that is highly likely to cause injury or damage?

A)Intentional tort
B)Negligence tort
C)Assumption of risk
D)Sudden peril

Question 10

A police officer leaves a suspect handcuffed in a car that is not completely pulled over from the highway.The car is hit,and the suspect suffers injuries.Which of the following would he sue under?

A)Intentional tort
B)Unintentional tort
C)Negligence tort
D)Contributory negligence tort

Question 11

Which of the following refers to protection from lawsuits enjoyed by federal officials when acting in their official capacities?

A)Color of law
B)Culpability
C)Theory of liability
D)Absolute immunity

Question 12

Which of the following would you seek if you wanted your neighbor to stop dumping hazardous materials in the stream behind your houses?

A)Damages
B)Injunctive relief
C)Culpability
D)Justification

Question 13

Which of the following would be the standard used to determine whether qualified immunity should bar a successful lawsuit?

A)Qualified immunity
B)Objective reasonableness
C)Absolute immunity
D)Culpability

Question 14

You have been in an accident and were injured,but the person responsible does not want to pay your medical bills.What would you look for in a court?

A)Damages
B)Injunctive relief
C)Culpability
D)Justification

Question 15

Describe the Fourth Amendment and how it applies to search and seizure.What two elements must be considered?

Question 16

What is evanescent evidence,and how does it relate to the warrant requirement?

Question 17

If a police officer does something in the course of an investigation that seems wrong,but doesn't really violate a specific right,which of the following would be his defense?

A)Qualified immunity
B)Objective reasonableness
C)Absolute immunity
D)Culpability

Question 18

When is an arrest warrant required and to what requirements does it need to conform?

Question 19

When a plaintiff voluntarily decides to jump from a bridge that led to his or her injury,which of the following defenses should be used to prevent officer liability?

A)Public-duty doctrine
B)Contributory negligence
C)Assumption of risk
D)Sudden peril

Question 20

Which of the following would be used to explain why a plaintiff would feel a municipality is responsible for damages done to her car due to a pothole?

A)Theory of liability
B)Culpability
C)Absolute immunity
D)Color of law

Question 21

In this model,civilians are used to monitor complaint -review procedures for a disciplinary action,but they do not make any decisions on the outcome.

A)Civilian monitor
B)Civilian review
C)Citizen complaint
D)Citizen input

Question 22

Which of the following is designed to ensure that officers receive reasonable protection from frivolous complaints that could ruin their reputation and work record?

A)Code of ethics
B)Police officer's bill of rights
C)Injunctive relief
D)Absolute immunity

Question 23

Which of the following is used to prosecute either state or federal law enforcement officers in a civil liability matter?

A)42 U.S.C.Section 1983
B)18 U.S.C.Section 242
C)18 U.S.C.Section 2234
D)18 U.S.C.Section 2235

Question 24

In damage suits,money that is paid is called damages.

Question 25

Which of the following represents an important step in promoting accountability while stressing community outreach and review of complaint policies by a civilian group?

A)Civilian monitor
B)Civilian review
C)Citizen oversight
D)Civilian input

Question 26

You are involved in a complaint against a police officer.You must investigate the complaint from within and determine disciplinary action if necessary.In what department do you work?

A)Citizen oversight
B)Internal affairs
C)Civilian monitor
D)Civilian input

Question 27

You are a police officer who executed an illegal search but did find drugs and other illegal paraphernalia in the process.The judge ruled that the evidence you found could not be used.Which concept explains this?

A)Exclusionary rule
B)Fruit of the poisonous tree
C)Public-duty defense
D)Objective reasonableness

Question 28

Which of the following is a police agency's formal statement of the rights of officers who are accused of misconduct?

A)Internal affairs
B)Code of ethics
C)Bill of rights
D)Code of law

Question 29

For tort violations,litigation is not an option.

Question 30

Which of the following is a product of civilian involvement in the complaint process?

A)Less objective investigations
B)Lower levels of satisfaction on the part of the general public
C)Less thorough investigations
D)Less subjective investigations

Question 31

You serve on a board that is in the process of reviewing a complaint against an area police officer.You will be helping to investigate the complaint and make a recommendation,but you will leave it to internal affairs to determine action.What is this an example of?

A)Citizen monitor
B)Civilian review
C)Citizen complaint
D)Citizen input

Question 32

You teach at a school that has met all requirements by certain regulating educational bodies.It provides your school with credibility.What is this called?

A)Standards
B)Accountability
C)Accreditation
D)Compliance

Question 33

This is a document filed by someone who believes that he or she has been wronged by one or more police officers in a department.

A)Civilian monitor
B)Civilian review
C)Citizen complaint
D)Citizen input

Question 34

Which of the following is a statement of principles concerning the behavior of those who subscribe to the code?

A)Internal affairs
B)Code of ethics
C)Bill of rights
D)Code of law

Question 35

You are assigned to an internal affairs investigation in which you must investigate a fellow detective you have worked with more than once.What is this an example of?

A)Role conflict
B)Exclusionary rule
C)Due process
D)Civilian input

Question 36

Cities and counties have been held liable for poorly trained officers.

Question 37

This commission was designed to evaluate and accredit police agencies that meet its accreditation standards.

A)CALEA
B)WASPC
C)IACP
D)OCC

Question 38

This is the most common federal statute used to hold police officers criminally liable.

A)42 U.S.C.Section 1983
B)18 U.S.C.Section 242
C)18 U.S.C.Section 2234
D)18 U.S.C.Section 2235

Question 39

Which of the following created a code of ethics for police officers?

A)CALEA
B)WASPC
C)IACP
D)OCC

Question 40

Which example correctly applies the exclusionary rule?

A)An officer executing a warrant on the suspect's home sees the suspect in a neighboring home and goes in after him,finding evidence of criminal activity in that home in the process.
B)An officer executing a warrant on a suspect's home sees additional evidence of another crime in the home.
C)An officer executing a warrant to search a vehicle goes into the house and finds what he was originally looking for in a vehicle.
D)An officer executing a warrant on a suspect's home sees incriminating evidence in a neighbor's garbage,which is waiting on his curb for pickup.

Question 41

IACP was established by the CALEA.

Question 42

The model that is similar to the ombudsman approach is the civilian model.

Question 43

Sudden peril is put into play only in cases of injury or death clearly proven to be in the heat of the moment.

Question 44

Only the chief executive officer and selected police officers are permitted to view information about police complaints.

Question 45

________ relief can be requested by plaintiffs,in addition to damages.

Question 46

Agencies never publicize their citizen-complaint procedure.

Question 47

The course of internal investigations never reaches the courts.

Question 48

Officers act under law of ________ when they identify themselves.

Question 49

There is one type of state tort claim,it is intentional tort.

Question 50

The meaning behind the exclusionary rule is to promote accountability and deter misconduct.

Question 51

The citizen-review model is considered a weaker model of citizen oversight.

Question 52

Officers who are being sued for tort violations benefit from the ________-duty doctrine.

Question 53

Violent and sex crimes,drug crimes,and other crimes are the three categories of offenses identified for criminal liability for police officers.

Question 54

In the citizen-oversight model,a citizen involved in the complaint process will create a more thorough and objective investigation.

Question 55

In Section 1983 of Title 42 of United States Code,it is required that a federal or constitutional -rights violation must have taken place.

Question 56

Promoting accountability is an important step in citizen oversight.

Question 57

Plaintiffs need to demonstrate the presence of only three elements to succeed with a negligence claim.

Question 58

Some state law enforcement associations don't agree with accreditation standards.

Question 59

An officer must do the majority of the damage in order for the plaintiff to be awarded damage repairs.

Question 60

Police agencies discovering methods to handle complaints by citizens; this means that not all reports of police misbehavior are documented.

Question 61

Evidence obtained in violation of the U.S.________ cannot be used in criminal trial to prove guilt.

Question 62

The code of ________ was created after many years of development and consideration by the IACP.

Question 63

________ of the poisonous tree doctrine expanded the scope of the exclusionary rule to use evidence obtained unconstitutionally.

Question 64

It is important to select staff investigators carefully in order to produce unbiased internal affair investigations and avoid ________ conflict.

Question 65

In San Jose,California,the ________ police auditor receives and investigates complaints.

Question 66

Highly regarded complaint units,called ________ affairs,have been developed by agencies.

Question 67

The code of ethics consists of several standard elements: legality,service,honesty and integrity,loyalty,and the ________ Rule.

Question 68

________ negligence can arise from not only actions of a criminal,but third parties as well.

Question 69

The police officers' Bill of ________ requires that the officer who will be subject to an investigation receive advance notice of the investigation.

Question 70

Some agencies ________ their citizen-complaint process.

Question 71

Fairness requires that officers under investigation receive ________ protection from inappropriate investigative practices.

Question 72

________ can indicate how officer are behaving on the streets.