Deck 12: Section 1983 Actions in Law Enforcement

Question 1

The standards for conducting an arrest may create exposure for civil liability for a police officer under which of the following constitutional provisions?

A) First Amendment.
B) Fourth Amendment
C) Fifth Amendment
D) Eighth Amendment

Answer 1

B

Question 2

To carry out an arrest, the officer must meet which burden of proof?

A) Proof beyond a reasonable doubt.
B) Clear and convincing evidence.
C) Probable cause.
D) Mere suspicion.

Answer 2

C

Question 3

A recent study of police pursuits found that _____ percent of responding large police agencies (100 or more officers) had no written policy on allowing and restricting officers from pursuing fleeing motorists.

A) 3
B) 10
C) 30
D) 50

Answer 3

A

Question 4

The U.S. Supreme Court has established which standard of analysis as being most appropriate for police pursuit cases aimed at apprehending a suspect with no intent to cause physical harm?

A) Probable cause
B) Deliberate indifference
C) Reckless disregard
D) Shocks the conscience

Question 5

Which of the following is an example of a valid cause of action for failure to protect claim against law enforcement?

A) Failure to protect persons from injury caused by private persons.
B) Failure to stop a crime from occurring.
C) Failure to protect a person in police custody.
D) All of the above.

Question 6

Studies have suggested that ________ percent of victimizations are reported to police.

A) 19
B) 21
C) 32
D) 56

Question 7

Of those domestic incidents in which a report is made to police _____percent of cases result in a victim or household member signing a criminal complaint against the accused.

A) 24
B) 32
C) 48
D) 54

Question 8

Females are victimized in violent crimes in what proportion to males as victims?

A) Equally
B) Twice as much
C) Three times as much
D) Four times as much

Question 9

Searches are performed for what purpose?

A) Discover contraband
B) Discover fruits of a crime
C) Discover evidence related to a crime
D) All of the above.

Question 10

What is a definition of a lawful search?

A) Any governmental intrusion into a person's privacy.
B) Any governmental intrusion into a person's reasonable expectation of privacy.
C) Any governmental intrusion into a person's justifiable expectation of privacy.
D) Any governmental intrusion into a person's reasonable and justifiable expectation of privacy.

Question 11

Terry v. Ohio (1968) found that an officer could stop and frisk a subject under what circumstances?

A) The officer has reasonable and articulable suspicion that the person has or is about to commit a crime.
B) The officer has reasonable and articulable suspicion that the person is armed and dangerous.
C) All of the above.
D) None of the above.

Question 12

The failure to bring a person who is in custody before a judge for a probable cause determination within 48 hours pursuant to County of Riverside v. McLaughlin (1991) may give rise to a civil cause of action for false arrest.

Question 13

Shooting a driver with the intention of stopping the person who has posed a grave risk of causing death or serious injury by his driving is a seizure under the Fourth Amendment and must be assessed under the reasonableness clause.

Question 14

The police generally have a duty to protect persons from domestic violence.

Question 15

Orders of protection (also called protective or restraining orders) are a criminal remedy designed to protect victims of domestic violence.